Notice2023-11223
Bogalusa and Northern Railway, LLC-Change in Operator Exemption-Bogalusa Bayou Railroad, LLC
Primary source
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Published
May 26, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 102 (Friday, May 26, 2023)</title>
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[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Notices]
[Page 34205]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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).
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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 <a href="http://www.stb.gov">www.stb.gov</a>.
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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</html>Indexed from Federal Register on May 26, 2023.
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