New Orleans Public Belt Railroad Corporation-Acquisition and Operation Exemption-Public Belt Railroad Commission of the City of New Orleans, 61362-61363 [2017-27931]
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices
March 27, 1978, the Foreign Affairs
Reform and Restructuring Act of 1998
(112 Stat. 2681, et seq.; 22 U.S.C. 6501
note, et seq.), Delegation of Authority
No. 234 of October 1, 1999, Delegation
of Authority No. 236–3 of August 28,
2000 (and, as appropriate, Delegation of
Authority No. 257–1 of December 11,
2015). I have ordered that Public Notice
of these determinations be published in
the Federal Register.
Alyson Grunder,
Deputy Assistant Secretary for Policy, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2017–27921 Filed 12–26–17; 8:45 am]
BILLING CODE 4710–05–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36149]
daltland on DSKBBV9HB2PROD with NOTICES
New Orleans Public Belt Railroad
Corporation—Acquisition and
Operation Exemption—Public Belt
Railroad Commission of the City of
New Orleans
On November 22, 2017, New Orleans
Public Belt Railroad Corporation (NOPB
Corp.),1 a noncarrier, filed a verified
notice of exemption under 49 CFR
1150.31 to acquire from the Public Belt
Railroad Commission of the City of New
Orleans (Public Belt), and operate
approximately 26.7 miles of rail line
and approximately 10.25 miles of
assigned trackage rights pursuant to a
Cooperative Endeavor Agreement
(Agreement) to be entered into by NOPB
Corp., Public Belt, the City of New
Orleans (the City), and the Port. On
December 11, 2017, the Board issued a
decision holding this proceeding in
abeyance and requesting supplemental
information from NOPB Corp. NOPB
Corp. provided that information on
December 18, 2017.
NOPB Corp. describes the lines and
trackage rights it seeks to acquire as
follows:
1. The Public Belt main line from the
connection with BNSF Railway
Company (BNSF) and Union Pacific
Railroad Company (UP) at milepost J8.3
at West Bridge Junction in Avondale,
La. to milepost J1.1 at Southport
Junction in Jefferson, La. and from
milepost J0.3 at Lampert Junction in
Jefferson to milepost J0.0 at the
Jefferson/Orleans Parish, La. border, a
total distance of approximately 7.5
miles in two sections connected by the
overhead trackage rights described in
1 NOPB Corp. is a newly-formed public non-profit
corporation and subsidiary of the Board of
Commissioners of the Port of New Orleans (the
Port).
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21:43 Dec 26, 2017
Jkt 244001
Segment #6 below. The West Belt
Junction-Southport Junction section of
this Segment #1 includes the Huey P.
Long Bridge.
2. The Public Belt main line from a
milepost equation at the Jefferson/
Orleans Parish border where milepost
J0.0 = milepost 0.26 to the connection
with CSX Transportation, Inc. (CSXT) at
milepost 14.2 at Almonaster in New
Orleans, a distance of approximately
13.94 miles.
3. The Burma West Lead in New
Orleans from milepost 14.2 at
Almonaster to the end of track at
milepost 15.3, a distance of
approximately 1.1 miles.
4. The Burma East Lead in New
Orleans from the connection with CSXT
at milepost 14.4 east of the Industrial
Canal to the end of track at milepost
16.3, a distance of approximately 1.9
miles.
5. The Bulk Terminal Lead in New
Orleans from the connection with CSXT
at milepost G0.0 east of the Industrial
Canal to milepost G1.5, a distance of
approximately 1.5 miles.
6. Overhead trackage rights on Illinois
Central Railroad Company (IC) from IC
milepost 449.9 at East Bridge Junction
in Shrewsbury, La. through Southport
Junction (Public Belt milepost J1.1) to IC
milepost 921.14 at Lampert Junction
(Public Belt milepost J0.3), a distance of
approximately 2.6 miles.2 There is a
milepost equation a Southport Junction,
where IC milepost 451.7=IC milepost
921.9.
7. Overhead trackage rights on IC from
IC Station 120+0.00 (Public Belt
milepost 3.4) at Nashville Avenue to IC
Station 175+68.09 (Public Belt milepost
4.4) at Valence Street in New Orleans,
including the connection to the NOPB
locomotive maintenance facility lead
track at IC Station 163+80.0 (Public Belt
milepost 4.2) near Upperline Street, a
distance of approximately 1.05 miles.3
8. Overhead trackage rights on CSXT
from the connection with Segment #2 at
CSXT milepost 801.5 at Almonaster in
New Orleans across the Port-owned
2 See New Orleans Pub. Belt R.R.—Trackage
Rights Exemption—Ill. Cent. R.R., FD 33182 (STB
served Oct. 30, 1996). The eastern segment of these
trackage rights, from Southport Junction to Lampert
Junction, connects the two sections of Public Belt’s
main line described in Segment #1 above. The
western segment of the trackage rights, from East
Bridge Junction to Southport Junction, is adjacent
to and north of Public Belt’s main line between
those points.
3 See Ill. Cent. R.R.—Joint Relocation Project
Exemption—in New Orleans, La., FD 33533 (STB
served January 16, 1998); Ill. Cent. R.R.—Joint
Relocation Project Exemption—in New Orleans, La.,
FD 32598 (ICC served Nov. 16, 1994). These
trackage rights are parallel to Public Belt’s main line
described in Segment #2 above and serve as a
bypass around Cotton Warehouse Yard.
PO 00000
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Fmt 4703
Sfmt 4703
Industrial Canal bridge to the
connections with Segments #4 and #5 at
CSXT milepost 801.2 in New Orleans, a
distance of approximately 0.3 miles.
9. Temporary overhead trackage rights
on IC from IC milepost 906.4 at East
Bridge Junction in Shrewsbury to IC
Milepost 900.8 at Orleans Junction in
New Orleans and from IC milepost
444.2 at Orleans Junction to IC milepost
443.5 at Frellsen Junction in New
Orleans, a distance of approximately 6.3
miles.4
NOPB Corp. will also acquire Public
Belt’s ownership or operating interests
in all yard, industry, wharf, and lead
tracks associated with the above line
segments, including the Southern
Recycling Lead, East Bridge Yard,
Pacific Fruit Express Yard, Cotton
Warehouse Yard, Race Yard, French
Market Station, Pauline Yard, Claiborne
Yard, France Yard, North Bulk Terminal
Yard, and South Bulk Terminal Yard.
Upon completion of the transaction,
NOPB Corp. will be a Class III switching
and terminal railroad and will continue
to provide local and intermediate
switching service in place of Public
Belt.
NOPB Corp. certifies that its projected
annual revenues as a result of this
transaction will not exceed those that
would qualify it as a Class III rail
carrier.5 Because NOBP Corp.’s annual
revenues will exceed $5 million, on
October 13, 2017, NOBP Corp. certified
to the Board that it had complied with
the requirements of 49 CFR 1150.32(e)
by posting notice on October 13, 2017,
at workplaces of Public Belt employees
and by serving notice on the national
offices of the labor unions representing
Public Belt employees on the same date.
NOPB Corp. further certifies that the
Agreement does not include any
provision limiting NOPB Corp.’s future
interchange of traffic with any
connecting carrier.
The transaction may be consummated
on or after January 17, 2018, the
effective date of the exemption (30 days
after the verified notice of exemption
was filed).6 If the verified notice
4 See New Orleans Pub. Belt R.R.—Temp.
Trackage Rights Exemption—Ill. Cent. R.R., FD
36067 (STB served Oct. 14, 2016 and Jan. 30, 2017).
NOPB Corp. acknowledges that it will be subject to
employee protective conditions imposed in New
Orleans Public Belt Railroad—Temporary Trackage
Rights Exemption—Illinois Central Railroad, FD
36067 (STB served Oct. 14, 2016).
5 NOPB Corp. notes that, because it will operate
as a switching and terminal railroad, it presumably
would be classified as a Class III carrier in any
event. 49 CFR 1201(1–1)(d).
6 Because NOPB Corp.’s supplement was filed on
December 18, that is considered the filing date of
the verified notice for purposes of calculating the
effective date of the exemption. In its supplement,
NOPB Corp. requests that the effective date of the
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices
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 no later than
January 4, 2018.
An original and 10 copies of all
pleadings, referring to Docket No. FD
36149, 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 Thomas J. Litwiler,
Fletcher & Sippel LLC, 29 North Wacker
Dr., Suite 920, Chicago, IL 60606–2832.
According to NOPB Corp., this action
is excluded from environmental review
under 49 CFR 1105.6(c) and from
historic preservation reporting
requirements under 49 CFR
1105.8(b)(1).
Board decisions and notices are
available on our website at
WWW.STB.GOV.
Decided: December 21, 2017.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017–27931 Filed 12–26–17; 8:45 am]
BILLING CODE 4915–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. USTR–2017–0024]
Request for Comments and Notice of
a Public Hearing Regarding the 2018
Special 301 Review
Office of the United States
Trade Representative.
ACTION: Request for comments and
notice of public hearing.
AGENCY:
Each year, the Office of the
United States Trade Representative
conducts a Special 301 review to
identify countries that deny adequate
and effective protection of intellectual
property rights (IPR) or deny fair and
equitable market access to U.S. persons
who rely on intellectual property
protection. Based on this review, the
United States Trade Representative
(Trade Representative) determines
which, if any, of these countries to
identify as Priority Foreign Countries.
USTR requests written comments that
identify acts, policies, or practices that
may form the basis of a country’s
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
exemption be advanced to January 11, 2018. This
request will be addressed in a separate decision.
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21:43 Dec 26, 2017
Jkt 244001
identification as a Priority Foreign
Country or placement on the Priority
Watch List or Watch List. USTR also
requests notices of intent to appear at
the public hearing.
DATES: February 8, 2018 at midnight
EST: Deadline for submission of written
comments, hearing statements, and
notices of intent to appear at the hearing
from the public.
February 22, 2018 at midnight EST:
Deadline for submission of written
comments, hearing statements, and
notices of intent to appear at the hearing
from foreign governments.
February 27, 2018: The Special 301
Subcommittee will hold a public
hearing at the Office of the United States
Trade Representative, 1724 F Street NW,
Rooms 1 & 2, Washington, DC. If
necessary, the hearing may continue on
the next business day. Please consult
the USTR website for confirmation of
the date and location and the schedule
of witnesses.
March 2, 2018 at midnight EST:
Deadline for submission of post-hearing
written comments from persons who
testified at the public hearing.
On or about April 30, 2018: USTR
will publish the 2018 Special 301
Report within 30 days of the publication
of the National Trade Estimate (NTE)
Report.
ADDRESSES: USTR strongly encourages
electronic submissions made through
the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
submission instructions in section IV
below. The docket number is USTR–
2017–0024. For alternatives to on-line
submissions, please contact USTR at
Special301@ustr.eop.gov before
transmitting a comment and in advance
of the relevant deadline.
FOR FURTHER INFORMATION CONTACT:
Sung Chang, Director for Innovation and
Intellectual Property, at 202–395–7548
or special301@ustr.eop.gov. You can
find information about the Special 301
Review at www.ustr.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182 of the Trade Act of 1974
(Trade Act) (19 U.S.C. 2242), commonly
known as the ‘‘Special 301’’ provisions,
requires the Trade Representative to
identify countries that deny adequate
and effective IPR protections or fair and
equitable market access to U.S. persons
who rely on intellectual property
protection. The Trade Act requires the
Trade Representative to determine
which, if any, of these countries to
identify as Priority Foreign Countries.
Acts, policies or practices that are the
basis of a country’s identification as a
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Fmt 4703
Sfmt 4703
61363
Priority Foreign Country can be subject
to the procedures set out in sections
301–305 of the Trade Act (19 U.S.C.
2411–2415),
In addition, USTR has created a
‘‘Priority Watch List’’ and ‘‘Watch List’’
to assist the Administration in pursuing
the goals of the Special 301 provisions
Placement of a trading partner on the
Priority Watch List or Watch List
indicates that particular problems exist
in that country with respect to IPR
protection, enforcement or market
access for persons that rely on
intellectual property protection. Trading
partners placed on the Priority Watch
List are the focus of increased bilateral
attention concerning the problem areas.
USTR chairs the Special 301
Subcommittee (Subcommittee) of the
Trade Policy Staff Committee. The
Subcommittee reviews information from
many sources, and consults with and
makes recommendations to the Trade
Representative on issues arising under
Special 301. Written submissions from
the public are a key source of
information for the Special 301 review
process. In 2018, USTR will conduct a
public hearing as part of the review
process and will allow hearing
participants to provide additional
information relevant to the review. At
the conclusion of the process, USTR
will publish the results of the review in
a Special 301 Report.
USTR requests that interested persons
identify through the process outlined in
this notice those countries whose acts,
policies, or practices deny adequate and
effective protection for intellectual
property rights or deny fair and
equitable market access to U.S. persons
who rely on intellectual property
protection.
Section 182 also requires the Trade
Representative to identify any act,
policy or practice of Canada that affects
cultural industries, was adopted or
expanded after December 17, 1992, and
is actionable under Article 2106 of the
North American Free Trade Agreement
(NAFTA). USTR invites the public to
submit views relevant to this aspect of
the review.
Section 182 requires the Trade
Representative to identify all such acts,
policies, or practices within 30 days of
the publication of the NTE Report. In
accordance with this statutory
requirement, USTR will publish the
annual Special 301 Report on or about
April 30, 2018.
II. Public Comments
To facilitate the review, written
comments should be as detailed as
possible and provide all necessary
information to identify and assess the
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]]>Agencies
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Pages 61362-61363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27931]
=======================================================================
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36149]
New Orleans Public Belt Railroad Corporation--Acquisition and
Operation Exemption--Public Belt Railroad Commission of the City of New
Orleans
On November 22, 2017, New Orleans Public Belt Railroad Corporation
(NOPB Corp.),\1\ a noncarrier, filed a verified notice of exemption
under 49 CFR 1150.31 to acquire from the Public Belt Railroad
Commission of the City of New Orleans (Public Belt), and operate
approximately 26.7 miles of rail line and approximately 10.25 miles of
assigned trackage rights pursuant to a Cooperative Endeavor Agreement
(Agreement) to be entered into by NOPB Corp., Public Belt, the City of
New Orleans (the City), and the Port. On December 11, 2017, the Board
issued a decision holding this proceeding in abeyance and requesting
supplemental information from NOPB Corp. NOPB Corp. provided that
information on December 18, 2017.
---------------------------------------------------------------------------
\1\ NOPB Corp. is a newly-formed public non-profit corporation
and subsidiary of the Board of Commissioners of the Port of New
Orleans (the Port).
---------------------------------------------------------------------------
NOPB Corp. describes the lines and trackage rights it seeks to
acquire as follows:
1. The Public Belt main line from the connection with BNSF Railway
Company (BNSF) and Union Pacific Railroad Company (UP) at milepost J8.3
at West Bridge Junction in Avondale, La. to milepost J1.1 at Southport
Junction in Jefferson, La. and from milepost J0.3 at Lampert Junction
in Jefferson to milepost J0.0 at the Jefferson/Orleans Parish, La.
border, a total distance of approximately 7.5 miles in two sections
connected by the overhead trackage rights described in Segment #6
below. The West Belt Junction-Southport Junction section of this
Segment #1 includes the Huey P. Long Bridge.
2. The Public Belt main line from a milepost equation at the
Jefferson/Orleans Parish border where milepost J0.0 = milepost 0.26 to
the connection with CSX Transportation, Inc. (CSXT) at milepost 14.2 at
Almonaster in New Orleans, a distance of approximately 13.94 miles.
3. The Burma West Lead in New Orleans from milepost 14.2 at
Almonaster to the end of track at milepost 15.3, a distance of
approximately 1.1 miles.
4. The Burma East Lead in New Orleans from the connection with CSXT
at milepost 14.4 east of the Industrial Canal to the end of track at
milepost 16.3, a distance of approximately 1.9 miles.
5. The Bulk Terminal Lead in New Orleans from the connection with
CSXT at milepost G0.0 east of the Industrial Canal to milepost G1.5, a
distance of approximately 1.5 miles.
6. Overhead trackage rights on Illinois Central Railroad Company
(IC) from IC milepost 449.9 at East Bridge Junction in Shrewsbury, La.
through Southport Junction (Public Belt milepost J1.1) to IC milepost
921.14 at Lampert Junction (Public Belt milepost J0.3), a distance of
approximately 2.6 miles.\2\ There is a milepost equation a Southport
Junction, where IC milepost 451.7=IC milepost 921.9.
---------------------------------------------------------------------------
\2\ See New Orleans Pub. Belt R.R.--Trackage Rights Exemption--
Ill. Cent. R.R., FD 33182 (STB served Oct. 30, 1996). The eastern
segment of these trackage rights, from Southport Junction to Lampert
Junction, connects the two sections of Public Belt's main line
described in Segment #1 above. The western segment of the trackage
rights, from East Bridge Junction to Southport Junction, is adjacent
to and north of Public Belt's main line between those points.
---------------------------------------------------------------------------
7. Overhead trackage rights on IC from IC Station 120+0.00 (Public
Belt milepost 3.4) at Nashville Avenue to IC Station 175+68.09 (Public
Belt milepost 4.4) at Valence Street in New Orleans, including the
connection to the NOPB locomotive maintenance facility lead track at IC
Station 163+80.0 (Public Belt milepost 4.2) near Upperline Street, a
distance of approximately 1.05 miles.\3\
---------------------------------------------------------------------------
\3\ See Ill. Cent. R.R.--Joint Relocation Project Exemption--in
New Orleans, La., FD 33533 (STB served January 16, 1998); Ill. Cent.
R.R.--Joint Relocation Project Exemption--in New Orleans, La., FD
32598 (ICC served Nov. 16, 1994). These trackage rights are parallel
to Public Belt's main line described in Segment #2 above and serve
as a bypass around Cotton Warehouse Yard.
---------------------------------------------------------------------------
8. Overhead trackage rights on CSXT from the connection with
Segment #2 at CSXT milepost 801.5 at Almonaster in New Orleans across
the Port-owned Industrial Canal bridge to the connections with Segments
#4 and #5 at CSXT milepost 801.2 in New Orleans, a distance of
approximately 0.3 miles.
9. Temporary overhead trackage rights on IC from IC milepost 906.4
at East Bridge Junction in Shrewsbury to IC Milepost 900.8 at Orleans
Junction in New Orleans and from IC milepost 444.2 at Orleans Junction
to IC milepost 443.5 at Frellsen Junction in New Orleans, a distance of
approximately 6.3 miles.\4\
---------------------------------------------------------------------------
\4\ See New Orleans Pub. Belt R.R.--Temp. Trackage Rights
Exemption--Ill. Cent. R.R., FD 36067 (STB served Oct. 14, 2016 and
Jan. 30, 2017). NOPB Corp. acknowledges that it will be subject to
employee protective conditions imposed in New Orleans Public Belt
Railroad--Temporary Trackage Rights Exemption--Illinois Central
Railroad, FD 36067 (STB served Oct. 14, 2016).
---------------------------------------------------------------------------
NOPB Corp. will also acquire Public Belt's ownership or operating
interests in all yard, industry, wharf, and lead tracks associated with
the above line segments, including the Southern Recycling Lead, East
Bridge Yard, Pacific Fruit Express Yard, Cotton Warehouse Yard, Race
Yard, French Market Station, Pauline Yard, Claiborne Yard, France Yard,
North Bulk Terminal Yard, and South Bulk Terminal Yard. Upon completion
of the transaction, NOPB Corp. will be a Class III switching and
terminal railroad and will continue to provide local and intermediate
switching service in place of Public Belt.
NOPB Corp. certifies that its projected annual revenues as a result
of this transaction will not exceed those that would qualify it as a
Class III rail carrier.\5\ Because NOBP Corp.'s annual revenues will
exceed $5 million, on October 13, 2017, NOBP Corp. certified to the
Board that it had complied with the requirements of 49 CFR 1150.32(e)
by posting notice on October 13, 2017, at workplaces of Public Belt
employees and by serving notice on the national offices of the labor
unions representing Public Belt employees on the same date. NOPB Corp.
further certifies that the Agreement does not include any provision
limiting NOPB Corp.'s future interchange of traffic with any connecting
carrier.
---------------------------------------------------------------------------
\5\ NOPB Corp. notes that, because it will operate as a
switching and terminal railroad, it presumably would be classified
as a Class III carrier in any event. 49 CFR 1201(1-1)(d).
---------------------------------------------------------------------------
The transaction may be consummated on or after January 17, 2018,
the effective date of the exemption (30 days after the verified notice
of exemption was filed).\6\ If the verified notice
[[Page 61363]]
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 no later than January 4, 2018.
---------------------------------------------------------------------------
\6\ Because NOPB Corp.'s supplement was filed on December 18,
that is considered the filing date of the verified notice for
purposes of calculating the effective date of the exemption. In its
supplement, NOPB Corp. requests that the effective date of the
exemption be advanced to January 11, 2018. This request will be
addressed in a separate decision.
---------------------------------------------------------------------------
An original and 10 copies of all pleadings, referring to Docket No.
FD 36149, 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 Thomas J. Litwiler, Fletcher & Sippel LLC,
29 North Wacker Dr., Suite 920, Chicago, IL 60606-2832.
According to NOPB Corp., this action is excluded from environmental
review under 49 CFR 1105.6(c) and from historic preservation reporting
requirements under 49 CFR 1105.8(b)(1).
Board decisions and notices are available on our website at
WWW.STB.GOV.
Decided: December 21, 2017.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-27931 Filed 12-26-17; 8:45 am]
BILLING CODE 4915-01-P
