New Orleans Public Belt Railroad-Temporary Trackage Rights Exemption-Illinois Central Railroad Company, 9107 [2017-02217]

Download as PDF Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices mstockstill on DSK3G9T082PROD with NOTICES 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 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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). E:\FR\FM\02FEN1.SGM 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]


-----------------------------------------------------------------------

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