[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 71037-71038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28472]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35777]
New Orleans & Gulf Coast Railway Company, Inc.--Lease Exemption
Containing Interchange Commitment--Union Pacific Railroad Company
New Orleans & Gulf Coast Railway Company, Inc. (NOGC), a Class III
rail carrier, has filed a verified notice of exemption under 49 CFR
1150.41 to continue to lease from Union Pacific Railroad Company (UP)
and operate approximately 11.52 miles of rail line. The line consists
of 7.02 miles of UP's main line located between milepost 0.98 at
Goldsboro, La., and milepost 8.00 near Westwego, La., and the 4.5-mile
[[Page 71038]]
Hooper Spur extending from Harvey Yard, at Harvey, La., south to the
end of the spur at Bayou Street.\1\
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\1\ NOGC was granted authority to lease and operate the rail
line in New Orleans & Gulf Coast Railway--Lease Exemption--Union
Pacific Railroad, FD 34411 (STB served Oct. 20, 2003).
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NOGC and UP have recently entered into a First Supplement to their
2003 Lease Agreement that adds the following new provisions: (1) The
lease term is extended from September 24, 2013, to September 23, 2023
(Section 1); (2) NOGC is permitted to construct a new yard on the
leased premises (Section 2); and (3) NOGC is permitted to assess a
surcharge on all NOGC traffic in order to undertake capital investments
(Section 3).
NOGC has certified that the Lease Agreement contains a provision
that may limit future interchange at Westwego with a third-party
connecting carrier by adjustment in the purchase price or rental
(interchange commitment). Consequently, the Board's new rules
established in Information Required in Notices and Petitions Containing
Interchange Commitments, EP 714 (STB served Sept. 5, 2013), require
applicant to submit the additional information set forth at 49 CFR
1150.43(h)(1). Applicant has provided that information.\2\
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\2\ Regarding Sec. 1150.43(h)(1)(vi), NOGC states that,
although there is no direct connection to a third-party railroad,
BNSF Railway Company and the New Orleans Public Belt are located in
very close proximity to the leased lines.
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NOGC has certified that its projected annual revenues as a result
of this transaction will not result in NOGC's becoming a Class II or
Class I rail carrier, but that its projected annual revenues will
exceed $5 million. Accordingly, NOGC is required, at least 60 days
before this exemption is to become effective, to send notice of the
transaction to the national offices of the labor unions with employees
on the affected lines, post a copy of the notice at the workplace of
the employees on the affected lines, and certify to the Board that it
has done so. 49 CFR 1150.42(e).
NOGC, concurrently with its notice of exemption, filed a petition
for waiver of the 60-day advance labor notice requirement under Sec.
1150.42(e), asserting that: (1) No UP employees will be affected
because no UP employees have performed operations or maintenance on the
line since 2003; and (2) no NOGC employees will be affected because
NOGC will continue to provide the same service and maintenance on the
line as it has been providing since the inception of the lease. NOGC's
waiver request will be addressed in a separate decision.
NOGC states that it intends to consummate the transaction on or
shortly after the effective date of this transaction. The Board will
establish in the decision on the waiver request the earliest date this
transaction may be consummated.
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 December 5, 2013.
An original and 10 copies of all pleadings, referring to Docket No.
FD 35777, must be filed with the Surface Transportation Board, 395 E
Street SW., Washington, DC 20423-0001. In addition, one copy of each
pleading must be served on Karl Morell, Ball Janik LLP, Suite 225, 655
Fifteenth St. NW., Washington, DC 20005.
Board decisions and notices are available on our Web site at
www.stb.dot.gov.
Decided: November 21, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-28472 Filed 11-26-13; 8:45 am]
BILLING CODE 4915-01-P