[Federal Register Volume 63, Number 11 (Friday, January 16, 1998)]
[Notices]
[Pages 2717-2718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1118]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33533]
Illinois Central Railroad Company and New Orleans Public Belt
Railroad--Joint Relocation Project Exemption--in New Orleans, LA
On December 23, 1997, Illinois Central Railroad Company (IC) and
New Orleans Public Belt Railroad (NOPB) jointly filed a notice of
exemption under 49 CFR 1180.2(d)(5) to reconfigure IC and NOPB
operations over their adjacent track. The proposed transaction was
scheduled to be consummated on or after the December 30, 1997 effective
date of the exemption.
IC is a Class I railroad operating approximately 2,600 miles of
rail line in six states, and NOPB is a Class III terminal switching
railroad owned by the City of New Orleans, LA. NOPB operates
approximately 25 miles of rail line in and around New Orleans.
Within the City of New Orleans, IC and NOPB own and operate
adjacent mainlines. Under the joint project, IC and NOPB propose the
following transactions: (1) NOPB will grant IC non-exclusive bridge
trackage rights over 3.4 miles of NOPB's Main Line and Siding Track
between milepost JO.3, at Lampert Junction, and milepost 3.4, at
Nashville Avenue; \1\ (2) IC will relocate its operation to NOPB
trackage and will abandon its adjacent Main Line trackage between
milepost 917.77, at Nashville Avenue, and milepost 921.13, at Lampert
Junction, a distance of approximately 3.36 miles; (3) IC will grant
NOPB non-exclusive bridge trackage rights over approximately 5,568 feet
of IC's Main Line from Station 120+00.00, at Nashville Avenue, to
Station 175+68.09, at Valence Street; and (4) IC and NOPB will perform
such incidental relocation of signals and power switches as necessary
to complete the proposed reconfiguration of operations contemplated by
the exemption.
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\1\ IC will continue to serve the Sewerage and Water Board track
near Oak Street.
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The transaction will simplify rail operations in the area and will
reduce the number of unnecessary tracks on street right-of-way and
reduce the number of tracks in grade crossings in the area. The joint
project will not change service to shippers, expand the operations of
IC or NOPB into new territory, or alter the existing competitive
situation.
The Board will exercise jurisdiction over the abandonment or
construction components of a relocation project, and require separate
approval or exemption, only where the removal of track affects service
to shippers or the construction of new track involves expansion into
new territory. See City of Detroit v. Canadian National Ry. Co., et
al., 9 I.C.C.2d 1208 (1993), aff'd sub nom., Detroit/Wayne County Port
Authority v. ICC, 59 F.3d 1314 (D.C. Cir. 1995). Line relocation
projects may embrace trackage rights transactions such as the one
involved here. See D.T.&I.R.--Trackage Rights, 363 I.C.C. 878 (1981).
Under these standards, the incidental abandonment, construction, and
trackage rights components require no separate approval or exemption
when the relocation project, as here, will not disrupt service to
shippers and thus qualifies for the class exemption at 49 CFR
1180.2(d)(5).
As a condition to this exemption, any employees affected by the
trackage rights will be protected by the conditions imposed in Norfolk
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C.
653 (1980).
If the notice contains false or misleading information, the
exemption is void ab initio. Petitions to revoke the
[[Page 2718]]
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 transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 33533, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W.,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on (1) Anne E. Keating, Esq., Illinois Central Railroad Company,
455 North Cityfront Plaza Drive, Chicago, IL 60611-5504, and (2) A. J.
Waechter, Esq., Jones, Walker, Waechter, Portevent, Carrere and
Denegre, 202 St. Charles Avenue, 50th Floor, New Orleans, LA 70170-
5100.
Decided: January 9, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-1118 Filed 1-15-98; 8:45 am]
BILLING CODE 4915-00-P
