New Orleans Public Belt Railroad-Temporary Trackage Rights Exemption-Illinois Central Railroad Company, 9107 [2017-02217]
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Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices
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The applicants certify that: (1) The
carriers that are the subject of this notice
do not connect with each other; (2) that
this transaction is not part of a series of
anticipated transactions that would
connect these rail carriers with each
other; and (3) the transaction does not
involve a Class I carrier. The proposed
transaction is therefore exempt from the
prior approval requirements of 49 U.S.C.
11323 pursuant to 49 CFR 1180.2(d)(2).
The earliest the transaction could be
consummated is February 16, 2017, the
effective date of the exemption (30 days
after the verified notice of exemption
was filed). The parties expect to
consummate the transaction on or about
February 17, 2017.
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. Section 11326(c), however,
does not provide for labor protection for
transactions under 11324 and 11325
that involve only Class III rail carriers.
Accordingly, the Board may not impose
labor protective conditions here,
because all of the carriers involved are
Class III carriers.
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 to stay must be
filed by February 9, 2017 (at least seven
days before the exemption becomes
effective).
An original and ten copies of all
pleadings, referring to Docket No. FD
36087, must be filed with the Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on: John D. Heffner,
Strasburger & Price, LLP, 1025
Connecticut Ave. NW., Suite 717,
Washington, DC 20036.
Board decisions and notices are
available on our Web site at
WWW.STB.GOV.
Decided: January 30, 2017.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017–02227 Filed 2–1–17; 8:45 am]
BILLING CODE 4915–01–P
of, and for Continental to manage, the following
Class III rail carriers: Cimarron Valley Railroad,
L.C., Clarksdale Arizona Central Railroad, L.C., and
Wyoming and Colorado Railroad Company, Inc.
VerDate Sep<11>2014
16:31 Feb 01, 2017
Jkt 241001
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36067]
New Orleans Public Belt Railroad—
Temporary Trackage Rights
Exemption—Illinois Central Railroad
Company
On January 12, 2017, New Orleans
Public Belt Railroad (NOPB), a Class III
rail carrier, filed a request under 49 CFR
1180.2(d)(8) for a one-year extension of
temporary overhead trackage rights over
a line of railroad of the Illinois Central
Railroad Company (IC), over two
segments of IC’s rail lines as follows: (1)
IC’s McComb Subdivision, between IC’s
connection with the Kansas City
Southern Railway Company (KCS) at or
near IC milepost 906.4 at East Bridge
Junction in Shrewsbury, La., and IC
milepost 900.8 at Orleans Junction in
New Orleans, La. (approximately 5.6
miles); and (2) IC’s Baton Rough
Subdivision, between IC milepost 444.2
at Orleans Junction and IC milepost
443.5 at Frellsen Junction in New
Orleans, La. (approximately 0.7 miles),
for a total distance of approximately 6.3
miles (the Line).
NOPB was authorized to acquire the
temporary overhead trackage rights over
the Line by notice of exemption served
and published in the Federal Register
on October 14, 2016 (81 FR 71,161).
According to NOPB, the temporary
trackage rights permit it to interchange
traffic with the Kansas City Southern
Railway Company (KCS) on KCS
trackage in New Orleans on a trial basis.
Under 49 CFR 1180.2(d)(8), the
parties may, prior to the expiration of
the temporary trackage rights, file a
request for a renewal of the temporary
rights for an additional period of up to
one year, including the reasons for the
extension. NOPB states that the
temporary trackage rights are scheduled
to expire on January 31, 2017. NOPB
further states that the initial operations
have been successful, and NOPB and IC
have agreed to extend the rights for an
additional year, to January 31, 2018, to
confirm the longer-term feasibility of
operations.
NOPB filed a copy of the amendment
to the temporary trackage rights
agreement with its request for the oneyear extension. NOPB also
acknowledges that any further extension
of these rights, or a conversion of the
rights from temporary to permanent,
would require a separate notice of
exemption filing pursuant to 49 CFR
1180.4(g).
In accordance with 49 CFR
1180.2(d)(8), NOPB’s temporary
trackage rights over the Line will be
extended for one year and will expire on
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9107
January 31, 2018. The employee
protective conditions imposed in the
October 14, 2016 notice remain in effect.
Board decisions and notices are
available on our Web site at
‘‘WWW.STB.GOV.’’
Decided: January 27, 2017.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017–02217 Filed 2–1–17; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36091]
David L. Durbano, Wyoming and
Colorado Railroad Company, Inc., and
Saratoga Railroad, LLC—Corporate
Family Transaction
David L. Durbano (Durbano), an
individual, Saratoga Railroad, LLC
(Saratoga), a noncarrier corporation
wholly owned by Durbano, and
Wyoming and Colorado Railroad
Company, Inc. (WYCO), a Class III rail
carrier controlled by Durbano,1
(collectively, the Parties) have filed a
verified notice of exemption under 49
CFR 1180.2(d)(3) for a corporate family
transaction in which: (1) Saratoga will
acquire from WYCO and operate an
approximately 23.71-mile rail line
between milepost 0.57 at Walcott and
milepost 24.28 at Saratoga in Carbon
County, Wyo. (the EB Line); and (2)
Durbano will continue in control of
Saratoga when it becomes a Class III rail
carrier, upon Saratoga’s acquisition of
the EB line, while remaining in control
of WYCO and Durbano’s three other
Class III rail carriers: Southwestern
Railroad, Inc. (SWRR), Cimarron Valley
1 Durbano has controlled WYCO since WYCO
acquired a 131.52-mile line from Union Pacific
Railroad Company (UP) in 1987. See Wyo. & Colo.
R.R.—Acquis. & Operation Exemption—Certain
Lines of Union Pac. R.R., FD 31140 (ICC served
Nov. 30, 1987) (1987 Acquisition). The line being
acquired by Saratoga was part of the l987
Acquisition and is known as Encampment Branch
or the EB Line. The remainder of the former UP line
acquired in the 1987 Acquisition has either been
abandoned or sold through a series of proceedings.
See Wyo. & Colo. R.R.—Aban. Exemption—in
Jackson Cty., Colo., AB 307 (Sub-No. 1X) (ICC
served June 25, 1990); Wyo. & Colo. R.R.—Aban.
Exemption—in Jackson Cty., Colo., AB 307 (Sub-No.
2X) (ICC served May 19, 1995 and Sept. 15, 1995);
Wyo. & Colo. R.R.—Aban. Exemption—in Albany
Cty., Wyo., AB 307 (Sub-No. 3X) (STB served Sept.
16, 1996, as modified by subsequent decisions
served on May 16, 2003, and December 31, 2003;)
Wyo. & Colo. R.R.—Aban. Exemption—in Albany
Cty., Wyo., AB 307 (Sub-No. 4X) (STB served Oct.
10, 2003, as modified by subsequent decisions
served on Nov. 10, 2003, and Feb. 27, 2009).
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02FEN1
Agencies
[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Page 9107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02217]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36067]
New Orleans Public Belt Railroad--Temporary Trackage Rights
Exemption--Illinois Central Railroad Company
On January 12, 2017, New Orleans Public Belt Railroad (NOPB), a
Class III rail carrier, filed a request under 49 CFR 1180.2(d)(8) for a
one-year extension of temporary overhead trackage rights over a line of
railroad of the Illinois Central Railroad Company (IC), over two
segments of IC's rail lines as follows: (1) IC's McComb Subdivision,
between IC's connection with the Kansas City Southern Railway Company
(KCS) at or near IC milepost 906.4 at East Bridge Junction in
Shrewsbury, La., and IC milepost 900.8 at Orleans Junction in New
Orleans, La. (approximately 5.6 miles); and (2) IC's Baton Rough
Subdivision, between IC milepost 444.2 at Orleans Junction and IC
milepost 443.5 at Frellsen Junction in New Orleans, La. (approximately
0.7 miles), for a total distance of approximately 6.3 miles (the Line).
NOPB was authorized to acquire the temporary overhead trackage
rights over the Line by notice of exemption served and published in the
Federal Register on October 14, 2016 (81 FR 71,161). According to NOPB,
the temporary trackage rights permit it to interchange traffic with the
Kansas City Southern Railway Company (KCS) on KCS trackage in New
Orleans on a trial basis.
Under 49 CFR 1180.2(d)(8), the parties may, prior to the expiration
of the temporary trackage rights, file a request for a renewal of the
temporary rights for an additional period of up to one year, including
the reasons for the extension. NOPB states that the temporary trackage
rights are scheduled to expire on January 31, 2017. NOPB further states
that the initial operations have been successful, and NOPB and IC have
agreed to extend the rights for an additional year, to January 31,
2018, to confirm the longer-term feasibility of operations.
NOPB filed a copy of the amendment to the temporary trackage rights
agreement with its request for the one-year extension. NOPB also
acknowledges that any further extension of these rights, or a
conversion of the rights from temporary to permanent, would require a
separate notice of exemption filing pursuant to 49 CFR 1180.4(g).
In accordance with 49 CFR 1180.2(d)(8), NOPB's temporary trackage
rights over the Line will be extended for one year and will expire on
January 31, 2018. The employee protective conditions imposed in the
October 14, 2016 notice remain in effect.
Board decisions and notices are available on our Web site at
``WWW.STB.GOV.''
Decided: January 27, 2017.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017-02217 Filed 2-1-17; 8:45 am]
BILLING CODE 4915-01-P