Bogalusa and Northern Railway, LLC-Change in Operator Exemption-Bogalusa Bayou Railroad, LLC, 34205 [2023-11223]

Download as PDF Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 RGPC represents that: (1) the rail lines operated by the RGPC carriers do not connect with the rail line to be operated by BNR; (2) the transaction is not part of a series of anticipated transactions that would connect the rail line to be operated by BNR with any railroad in the RGPC corporate family; and (3) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). 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. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Accordingly, because this transaction involves Class III rail carriers only, the Board may not impose labor protective conditions here. The earliest this transaction may be consummated is June 9, 2023, 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(g) 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 by June 2, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36687, 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 BNR’s representative, Karl Morell, Karl Morell & Associates, 440 1st Street NW, Suite 440, Washington, DC 20001. Board decisions and notices are available at www.stb.gov. Decided: May 22, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2023–11224 Filed 5–25–23; 8:45 am] BILLING CODE 4915–01–P VerDate Sep<11>2014 18:14 May 25, 2023 Jkt 259001 SURFACE TRANSPORTATION BOARD [Docket No. FD 36686] Bogalusa and Northern Railway, LLC— Change in Operator Exemption— Bogalusa Bayou Railroad, LLC Bogalusa and Northern Railway, LLC (BNR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to permit BNR to acquire from Illinois Central Railroad Company (IC) trackage rights over a one-mile rail line extending between milepost 68.85, at Leescreek, La, and milepost 69.85, at Bogalusa, La. (the Line). The Line is currently operated by Bogalusa Bayou Railroad, LLC (BBRR), pursuant to a trackage rights agreement between IC and BBRR.1 According to the verified notice, BNR and IC have entered into an agreement granting BNR restricted overhead rights over the Line limited to movements of crude tall oil, crude sulphate turpentine, pulpboard, and recycled paper.2 IC will also continue to be an operator over the Line. The verified notice further states that the transaction will effectuate a change of common carrier operator from BBRR to BNR, under which, coterminous with BNR’s commencement of common carrier operations, the current trackage rights agreement between BBRR and IC governing BBRR’s operations will terminate and BBRR’s common carrier operations will cease.3 This transaction is related to a concurrently filed verified notice of exemption in Rio Grande Pacific Corp.—Continuance in Control Exemption—Bogalusa & Northern Railway, Docket No. FD 36687, in which Rio Grande Pacific Corporation seeks to continue in control of BNR upon BNR’s becoming a Class III rail carrier. BNR certifies that the agreement between BNR and IC does not contain any provision that would limit interchange with a third-party carrier. BNR also certifies that its projected annual revenues as a result of this transaction will not result in it becoming a Class II or Class I rail carrier and that its projected annual revenue will not exceed $5 million. 1 See Bogalusa Bayou R.R.—Acquis. of Trackage Rights Exemption Containing Interchange Commitment—Ill. Cent. R.R., FD 35880 (STB served Dec. 17, 2014). 2 BNR has provided public and confidential version of its trackage rights agreement. The confidential version was submitted under seal concurrently with a motion for protective order, which will be addressed in a separate Board decision. 3 BNR states that BBRR is aware of the proposed change of operators and concurs in the same. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 34205 Under 49 CFR 1150.32(b), a change in operator requires that notice be given to shippers. BNR states that it has sent a copy of its verified notice to International Paper, the sole customer on the Line. The transaction may be consummated on or after June 9, 2023, 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 June 2, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36686, must be filed with the Surface Transportation Board via efiling 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 BNR’s representative, Karl Morell, Karl Morell & Associates, 440 1st Street NW, Suite 440, Washington, DC 20001. According to BNR, 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)(1). Board decisions and notices are available at www.stb.gov. Decided: May 22, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2023–11223 Filed 5–25–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36702] Chesapeake and Indiana Railroad Company, LLC—Lease and Operation Exemption—Northern Indiana Railroad Company, LLC Chesapeake & Indiana Railroad Company, LLC (CKIN), a Class III rail carrier, has filed a verified notice of exemption pursuant to 49 CFR 1150.41 to continue to lease and operate 27.52 miles of rail line that extend between milepost CF 0.63, at or near Lacrosse, Ind., and milepost CF 15.23, at or near Wellsboro, Ind., and between milepost CI 218.0, at or near English Lake, Ind., and milepost CI 230.92, at or near E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Notices]
[Page 34205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11223]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36686]


Bogalusa and Northern Railway, LLC--Change in Operator 
Exemption--Bogalusa Bayou Railroad, LLC

    Bogalusa and Northern Railway, LLC (BNR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to permit BNR to 
acquire from Illinois Central Railroad Company (IC) trackage rights 
over a one-mile rail line extending between milepost 68.85, at 
Leescreek, La, and milepost 69.85, at Bogalusa, La. (the Line). The 
Line is currently operated by Bogalusa Bayou Railroad, LLC (BBRR), 
pursuant to a trackage rights agreement between IC and BBRR.\1\
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    \1\ See Bogalusa Bayou R.R.--Acquis. of Trackage Rights 
Exemption Containing Interchange Commitment--Ill. Cent. R.R., FD 
35880 (STB served Dec. 17, 2014).
---------------------------------------------------------------------------

    According to the verified notice, BNR and IC have entered into an 
agreement granting BNR restricted overhead rights over the Line limited 
to movements of crude tall oil, crude sulphate turpentine, pulpboard, 
and recycled paper.\2\ IC will also continue to be an operator over the 
Line. The verified notice further states that the transaction will 
effectuate a change of common carrier operator from BBRR to BNR, under 
which, coterminous with BNR's commencement of common carrier 
operations, the current trackage rights agreement between BBRR and IC 
governing BBRR's operations will terminate and BBRR's common carrier 
operations will cease.\3\
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    \2\ BNR has provided public and confidential version of its 
trackage rights agreement. The confidential version was submitted 
under seal concurrently with a motion for protective order, which 
will be addressed in a separate Board decision.
    \3\ BNR states that BBRR is aware of the proposed change of 
operators and concurs in the same.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Rio Grande Pacific Corp.--Continuance in Control 
Exemption--Bogalusa & Northern Railway, Docket No. FD 36687, in which 
Rio Grande Pacific Corporation seeks to continue in control of BNR upon 
BNR's becoming a Class III rail carrier.
    BNR certifies that the agreement between BNR and IC does not 
contain any provision that would limit interchange with a third-party 
carrier. BNR also certifies that its projected annual revenues as a 
result of this transaction will not result in it becoming a Class II or 
Class I rail carrier and that its projected annual revenue will not 
exceed $5 million.
    Under 49 CFR 1150.32(b), a change in operator requires that notice 
be given to shippers. BNR states that it has sent a copy of its 
verified notice to International Paper, the sole customer on the Line.
    The transaction may be consummated on or after June 9, 2023, 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 June 2, 2023 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36686, must be filed with 
the Surface Transportation Board 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 BNR's 
representative, Karl Morell, Karl Morell & Associates, 440 1st Street 
NW, Suite 440, Washington, DC 20001.
    According to BNR, 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)(1).
    Board decisions and notices are available at www.stb.gov.

     Decided: May 22, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023-11223 Filed 5-25-23; 8:45 am]
BILLING CODE 4915-01-P
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