[Federal Register: May 30, 2002 (Volume 67, Number 104)]
[Notices]               
[Page 37910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my02-174]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34196]

 
Illinois Central Railroad Company--Trackage Rights Exemption-The 
City of New Orleans, LA

    The City of New Orleans, LA (NO), pursuant to a written trackage 
rights agreement among Illinois Central Railroad Company (IC or 
Applicant), NO, and the New Orleans Public Belt Railroad Commission for 
the City of New Orleans, has agreed to grant nonexclusive overhead 
trackage rights to IC over NO's rail line-from a connection between 
NO's railroad and IC near Southport Junction interlocking to Union 
Passenger Terminal, including station tracks, via the Western 
Connection, the 2nd Main and the Outbound Main; from a connection 
between NO's railroad and IC at a point 580 feet north of the 
centerline of Dupre Street to Union Passenger Terminal via the Earhart 
Running Track and the Backup Main; and from North Wye Junction to South 
Wye Junction via the Wye Track-all in the City of New Orleans a 
distance of approximately 5.3 miles.
    Applicant confirmed that the consummation of the transaction was 
anticipated to be on May 17, 2002, the effective date of the exemption 
(7 days after the exemption was filed ).\1\
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    \1\ Applicant initially indicated a proposed consummation date 
of May 14, 2002, but because applicant did not include the required 
filing fee, the applicable filing date was May 10, 2002, when the 
Board received the correct filing fee. Consummation could may not 
occur prior to May 17, 2002 (7 days after the May 10, 2002 filing 
date of the verified notice). IC's representative subsequently 
confirmed that consummation could not occur before May 17, 2002.
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    The purpose of the trackage rights is to grant IC the right to 
operate its freight trains, locomotives, cabooses and rail cars 
(including business cars) and roadway equipment over the line, and to 
grant IC the right to operate business cars into the Union Passenger 
Terminal in the City of New Orleans. The trackage rights agreement will 
replace a 1947 agreement granting operations in and around that 
terminal.
    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--dash;BN, 354 I.C.C. 605 (1978), 
as modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34196, must be filed with the Surface Transportation 
Board, Case Control Unit, 1925 K Street, NW., Washington, DC 20423-
0001. In addition, a copy of each pleading must be served on Michael J. 
Barron, Jr., 455 North Cityfront Plaza Drive, Chicago, IL 60611-5317.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: May 22, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-13506 Filed 5-29-02; 8:45 am]
BILLING CODE 4915-00-P