[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Notices]
[Pages 39257-39258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15393]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36870]


Port Rail, Inc.--Operation Exemption--in Lake Charles, Calcasieu 
Parish, La.

    Port Rail, Inc. (Port Rail), a Class III carrier, has filed a 
verified notice of exemption pursuant to 49 CFR 1150.41 to lease from 
the Lake Charles Harbor and Terminal District (the District) and 
operate two segments of track, known as the East Industrial Track and 
the South Industrial Track, extending a total distance of approximately 
13.59 miles in Lake Charles, Calcasieu Parish, La. (collectively, the 
Subject Track). The East Industrial Track extends approximately 0.99 
miles from a connection with Union Pacific Railroad Company (UP), at 
milepost 2.22 on UP's Lake Charles Industrial Lead east of Runway 15/33 
at Chennault International Airport, in a northeasterly direction to its 
terminus at the south end of James Sudduth Parkway. The South 
Industrial Track extends approximately 12.6 miles from a connection 
with UP, at milepost 4.13 on UP's Lake Charles Industrial Lead near the 
intersection of East Ward Line Road (LA 397) and Farm Road, in a 
southwesterly direction to its terminus at the Lake Charles Carbon 
Company (Alcoa) facility near the intersection of Big Lake Road and 
West Lincoln Road. The Subject Track does not have mileposts.

[[Page 39258]]

    According to the verified notice, since 2016, Port Rail has leased 
the Subject Track from the District, pursuant to two lease agreements, 
one governing the East Industrial Track and the other governing the 
South Industrial Track. Port Rail states that, under those agreements, 
it has used the Subject Track to conduct ``railcar storage and limited 
unregulated switching operations.'' Port Rail and the District amended 
and extended each agreement in 2025, and Port Rail states that ``[n]o 
further changes to those agreements are required or contemplated in 
connection with Port Rail's operation of the Subject [Track] as a 
common carrier.'' \1\ (Notice 2.) According to the verified notice, 
Port Harbor will begin common carrier operations on or after the 
effective date of the exemption.
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    \1\ Port Rail included copies of the amended agreements as 
Exhibit D to its verified notice of exemption. See Macrie--
Continuance in Control Exemption--N.J. Seashore Lines, Inc., FD 
35296 et al., slip op. at 3-4 (STB served Aug. 31, 2010).
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    According to Port Rail, the amended lease agreements contain no 
restrictions on Port Rail interchanging traffic with any rail carriers. 
Port Rail also certifies that its projected annual revenues due to this 
transaction will not result in the creation of a Class II or Class I 
rail carrier and will not exceed $5 million.
    The transaction may be consummated on or after August 28, 2025, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions for stay must be filed no later than August 21, 
2025 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36870, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on Port 
Rail's representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to Port Rail, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 8, 2525.

    By the Board, Anika S. Cooper, Chief Counsel, Office of Chief 
Counsel.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2025-15393 Filed 8-13-25; 8:45 am]
BILLING CODE 4915-01-P