New Orleans Public Belt Railroad Corporation-Trackage Rights Exemption-Illinois Central Railroad Company, 26337-26338 [2018-12190]

Download as PDF Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–NYSE–2018–25, and should be submitted on or before June 27, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018–12114 Filed 6–5–18; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #15548 and #15549; MAINE Disaster Number ME–00050] Presidential Declaration of a Major Disaster for Public Assistance Only for the State of Maine U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Maine (FEMA–4367–DR), dated 05/30/2018. Incident: Severe Storm and Flooding. Incident Period: 03/02/2018 through 03/08/2018. DATES: Issued on 05/30/2018. Physical Loan Application Deadline Date: 07/30/2018. Economic Injury (EIDL) Loan Application Deadline Date: 03/04/2019. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President’s major disaster declaration on 05/30/2018, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: 11 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 17:35 Jun 05, 2018 Jkt 244001 26337 R.R.—Acquis. & Operation Exemption— Pub. Belt R.R. Comm’n of New Orleans (NOPB Corp. Acquisition), FD 36149 (STB served Dec. 27, 2017). According to NOPB Corp., pursuant to a September 16, 2016 temporary trackage rights agreement and Percent subsequent amendment dated December 28, 2016, between Public Belt and IC, For Physical Damage: Non-Profit Organizations with Public Belt previously obtained Credit Available Elsewhere ... 2.500 temporary overhead trackage rights on Non-Profit Organizations withthe Line to interchange traffic with out Credit Available ElseKansas City Southern Railway Company where ..................................... 2.500 (KCS) on KCS trackage in New Orleans For Economic Injury: on a trial basis. See New Orleans Pub. Non-Profit Organizations withBelt R.R.—Temp. Trackage Rights out Credit Available Elsewhere ..................................... 2.500 Exemption—Ill. Cent. R.R., FD 36067 (STB served Oct. 14, 2016); New Orleans Pub. Belt R.R.—Temp. Trackage Rights The number assigned to this disaster Exemption—Ill. Cent. R.R., FD 36067 for physical damage is 155486 and for (STB served Jan. 30, 2017). NOPB Corp. economic injury is 155490. states that, as initially extended, the (Catalog of Federal Domestic Assistance temporary trackage rights were Number 59008) scheduled to expire on January 31, James Rivera, 2018. NOPB Corp. further states that it Associate Administrator for Disaster was assigned Public Belt’s interest in Assistance. the temporary trackage rights [FR Doc. 2018–12118 Filed 6–5–18; 8:45 am] arrangement as part of the transaction BILLING CODE 8025–01–P authorized in the NOPB Corp. Acquisition, Docket No. FD 36149. According to NOPB Corp., pursuant to SURFACE TRANSPORTATION BOARD a second amendment to the temporary trackage rights agreement, dated January [Docket No. FD 36198] 31, 2018, the parties have agreed to a further extension of the temporary New Orleans Public Belt Railroad overhead trackage rights until January Corporation—Trackage Rights 31, 2020.1 NOPB Corp. states that the Exemption—Illinois Central Railroad purpose of the transaction is to allow it Company to interchange traffic with KCS on KCS trackage, which requires NOPB Corp. to New Orleans Public Belt Railroad operate over IC trackage for Corporation (NOPB Corp.), a Class III rail carrier, has filed a verified notice of approximately 6.3 miles. NOPB Corp. states that the traffic exemption under 49 CFR 1180.2(d)(7) subject to the trackage rights does not for its extension of temporary overhead involve an interchange commitment that trackage rights on rail lines of Illinois limits interchange with a third-party Central Railroad Company (IC) in New connecting carrier. (See NOPB Corp. Orleans, La., from IC milepost 906.4 at Letter 1.) East Bridge Junction in Shrewsbury to Unless stayed, the exemption will be IC milepost 900.8 at Orleans Junction in effective on June 20, 2018 (30 days after New Orleans and from IC milepost 444.2 at Orleans Junction to IC milepost the verified notice was filed).2 443.5 at Frellsen Junction in New 1 NOPB Corp. states that, because the duration of Orleans, a total distance of the extended trackage rights is greater than one approximately 6.3 miles (the Line). year, it is not filing under the Board’s class NOPB Corp. states that it is a exemption for temporary trackage rights under 49 CFR 1180.2(d)(8). Instead, NOPB Corp. has filed switching and terminal railroad and a under the trackage rights class exemption at section wholly owned subsidiary of the Board 1180.2(d)(7). Concurrently, NOPB Corp. has filed a of Commissioners of the Port of New petition for partial revocation of this exemption to Orleans that provides terminal, permit these proposed trackage rights to expire on January 31, 2020, as provided in the agreement. See interline, and intermediate switching New Orleans Pub. Belt R.R.—Trackage Rights services to local shippers and six Class Exemption—Ill. Cent. R.R., Docket No. FD 36198 I railroads in the New Orleans area. (Sub-No. 1). The Board will address that petition in NOPB Corp. further states that it began a separate decision. 2 NOPB Corp. did not request retroactive operations on February 1, 2018, upon authorization, and the exemption invoked by NOPB acquisition of all the railroad operating Corp. does not provide for retroactive effectiveness. assets of the Public Belt Railroad See Wendelin—Continuance in Control—RMW Commission of the City of New Orleans Ventures, LLC, FD 35801, slip op. at 2 n.1 (STB (Public Belt). See New Orleans Pub. Belt Continued The following areas have been determined to be adversely affected by the disaster: Primary Counties: York The Interest Rates are: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1 26338 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices As a condition to this exemption, any employees affected by the acquisition of the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights— Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). If the 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 June 13, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36198, 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 Drive, Suite 920, Chicago, IL 60606. According to NOPB Corp., this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our website at WWW.STB.GOV. Decided: June 1, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–12190 Filed 6–5–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36195] New Jersey Transit Corporation— Acquisition Exemption—Consolidated Rail Corporation in the County of Middlesex, N.J. daltland on DSKBBV9HB2PROD with NOTICES The New Jersey Transit Corporation (NJ Transit), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Consolidated Rail Corporation (Conrail) an approximately 3.3-mile portion of the property commonly known as the Delco served Mar. 21, 2014) (noting that the authority for a continuance in control exemption under 49 CFR 1180.2(d)(2) would be effective prospectively only); see also Kan. City S. Lines, Inc.—Corp. Family Transaction Exemption—KCS Transp. Co., FD 33510, slip op. at 1 n.1 (STB served Dec. 10, 1997) (‘‘no class exemption provides for retroactive application’’). Accordingly, the authority will be effective prospectively only. VerDate Sep<11>2014 17:35 Jun 05, 2018 Jkt 244001 Industrial Lead in Middlesex County, N.J., from milepost 33.1 to milepost 36.4 (the Line). NJ Transit states that, under the proposed transaction, Conrail would transfer to NJ Transit the real property and railroad fixtures associated with the Line. According to NJ Transit, Conrail will retain an exclusive operating easement to continue to provide freight rail service over the Line.1 NJ Transit states that, pursuant to a 1984 trackage rights agreement (1984 Agreement), it and Conrail have jointly used the Line for many years.2 NJ Transit claims that its proposed acquisition will not affect or impair Conrail’s ability to provide freight service to existing or future shippers. According to NJ Transit, it is acquiring the property to provide commuter rail service and is not acquiring any right or obligation to provide freight service on the Line. NJ Transit also states that the agreements underlying the acquisition do not contain any provisions that would limit interchange with a thirdparty connecting carrier. NJ Transit certifies that, because it will not conduct any rail carrier operations on the Line, its projected revenues from freight operations will not result in the creation of a Class I or Class II carrier. NJ Transit states that it will consummate the proposed transaction at the conclusion of this exemption proceeding. The earliest this transaction may be consummated is June 20, 2018, the effective date of the exemption (30 days after the verified notice of exemption was filed). If the 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 June 13, 2018 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36195, 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 Charles A. Spitulnik, 1 NJ Transit also filed a motion to dismiss the notice of exemption on the grounds that the transaction does not require authorization from the Board. The motion to dismiss will be addressed in a subsequent Board decision. 2 NJ Transit includes with its verified notice excerpts from the 1984 Agreement. It also submits documents implementing the current transaction including an agreement supplementing the 1984 Agreement, a quitclaim deed, and an agreement of sale. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 Kaplan Kirsch & Rockwell LLP, 1001 Connecticut Ave. NW, Suite 800, Washington, DC 20036. Board decisions and notices are available on our website at WWW.STB.GOV. Decided: May 30, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Brendetta Jones, Clearance Clerk. [FR Doc. 2018–12130 Filed 6–5–18; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2018–0024; Notice No. 2018–07] Hazardous Materials Safety: International Standards on the Transport of Dangerous Goods Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of public meetings. AGENCY: On Tuesday, June 12, 2018, PHMSA will host two public meetings. The first meeting—led by PHMSA—will solicit public input on current proposals and discuss potential new work items for inclusion in the agenda of the 53rd session of the United Nations SubCommittee of Experts on the Transport of Dangerous Goods (UNSCOE TDG). The second meeting—led by the Occupational Safety and Health Administration (OSHA)—will discuss proposals in preparation for the 35th session of the United Nations SubCommittee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS). DATES: Both public meetings will take place on Tuesday, June 12, 2018. PHMSA Public Meeting: 9 a.m. to 12 p.m. EDT OSHA Public Meeting: 1 p.m. to 4 p.m. EDT ADDRESSES: Both public meetings will take place at DOT Headquarters, West Building, Oklahoma City Conference Room, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. FOR FURTHER INFORMATION CONTACT: Mr. Steven Webb or Mr. Aaron Wiener, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 366–8553. SUMMARY: E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Pages 26337-26338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12190]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36198]


New Orleans Public Belt Railroad Corporation--Trackage Rights 
Exemption--Illinois Central Railroad Company

    New Orleans Public Belt Railroad Corporation (NOPB Corp.), a Class 
III rail carrier, has filed a verified notice of exemption under 49 CFR 
1180.2(d)(7) for its extension of temporary overhead trackage rights on 
rail lines of Illinois Central Railroad Company (IC) in New Orleans, 
La., 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 total distance of approximately 6.3 miles (the Line).
    NOPB Corp. states that it is a switching and terminal railroad and 
a wholly owned subsidiary of the Board of Commissioners of the Port of 
New Orleans that provides terminal, interline, and intermediate 
switching services to local shippers and six Class I railroads in the 
New Orleans area. NOPB Corp. further states that it began operations on 
February 1, 2018, upon acquisition of all the railroad operating assets 
of the Public Belt Railroad Commission of the City of New Orleans 
(Public Belt). See New Orleans Pub. Belt R.R.--Acquis. & Operation 
Exemption--Pub. Belt R.R. Comm'n of New Orleans (NOPB Corp. 
Acquisition), FD 36149 (STB served Dec. 27, 2017).
    According to NOPB Corp., pursuant to a September 16, 2016 temporary 
trackage rights agreement and subsequent amendment dated December 28, 
2016, between Public Belt and IC, Public Belt previously obtained 
temporary overhead trackage rights on the Line to interchange traffic 
with Kansas City Southern Railway Company (KCS) on KCS trackage in New 
Orleans on a trial basis. See New Orleans Pub. Belt R.R.--Temp. 
Trackage Rights Exemption--Ill. Cent. R.R., FD 36067 (STB served Oct. 
14, 2016); New Orleans Pub. Belt R.R.--Temp. Trackage Rights 
Exemption--Ill. Cent. R.R., FD 36067 (STB served Jan. 30, 2017). NOPB 
Corp. states that, as initially extended, the temporary trackage rights 
were scheduled to expire on January 31, 2018. NOPB Corp. further states 
that it was assigned Public Belt's interest in the temporary trackage 
rights arrangement as part of the transaction authorized in the NOPB 
Corp. Acquisition, Docket No. FD 36149.
    According to NOPB Corp., pursuant to a second amendment to the 
temporary trackage rights agreement, dated January 31, 2018, the 
parties have agreed to a further extension of the temporary overhead 
trackage rights until January 31, 2020.\1\ NOPB Corp. states that the 
purpose of the transaction is to allow it to interchange traffic with 
KCS on KCS trackage, which requires NOPB Corp. to operate over IC 
trackage for approximately 6.3 miles.
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    \1\ NOPB Corp. states that, because the duration of the extended 
trackage rights is greater than one year, it is not filing under the 
Board's class exemption for temporary trackage rights under 49 CFR 
1180.2(d)(8). Instead, NOPB Corp. has filed under the trackage 
rights class exemption at section 1180.2(d)(7). Concurrently, NOPB 
Corp. has filed a petition for partial revocation of this exemption 
to permit these proposed trackage rights to expire on January 31, 
2020, as provided in the agreement. See New Orleans Pub. Belt R.R.--
Trackage Rights Exemption--Ill. Cent. R.R., Docket No. FD 36198 
(Sub-No. 1). The Board will address that petition in a separate 
decision.
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    NOPB Corp. states that the traffic subject to the trackage rights 
does not involve an interchange commitment that limits interchange with 
a third-party connecting carrier. (See NOPB Corp. Letter 1.)
    Unless stayed, the exemption will be effective on June 20, 2018 (30 
days after the verified notice was filed).\2\
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    \2\ NOPB Corp. did not request retroactive authorization, and 
the exemption invoked by NOPB Corp. does not provide for retroactive 
effectiveness. See Wendelin--Continuance in Control--RMW Ventures, 
LLC, FD 35801, slip op. at 2 n.1 (STB served Mar. 21, 2014) (noting 
that the authority for a continuance in control exemption under 49 
CFR 1180.2(d)(2) would be effective prospectively only); see also 
Kan. City S. Lines, Inc.--Corp. Family Transaction Exemption--KCS 
Transp. Co., FD 33510, slip op. at 1 n.1 (STB served Dec. 10, 1997) 
(``no class exemption provides for retroactive application''). 
Accordingly, the authority will be effective prospectively only.

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[[Page 26338]]

    As a condition to this exemption, any employees affected by the 
acquisition of the trackage rights will be protected by the conditions 
imposed in Norfolk & Western Railway--Trackage Rights--Burlington 
Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast 
Railway--Lease & Operate--California Western Railroad, 360 I.C.C. 653 
(1980).
    If the 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 June 13, 2018 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36198, 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 Drive, Suite 920, Chicago, IL 60606.
    According to NOPB Corp., this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: June 1, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-12190 Filed 6-5-18; 8:45 am]
BILLING CODE 4915-01-P