[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Notices]
[Pages 31679-31680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13484]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35500 Sub-No. 1]
Saratoga and North Creek Railway, LLC--Operation Exemption--
Warren County, NY
Saratoga and North Creek Railway, LLC (Saratoga),\1\ a noncarrier,
has filed a verified notice of exemption under 49 CFR 1150.31 to
operate approximately 39.07 miles of rail line owned by Warren County,
NY (the County), a noncarrier, extending between milepost 55.89 at or
near Corinth, NY, and milepost 94.96 at North Creek, NY Saratoga states
that the County will retain ownership of the track and right-of-way as
a noncarrier.\2\
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\1\ Saratoga is a limited liability company, wholly owned by San
Luis & Rio Grande Railroad (SLRG). SLRG is a Class III rail carrier
and a subsidiary of Permian Basin Railways, Inc., which in turn is
owned by Iowa Pacific Holdings, LLC.
\2\ According to Saratoga, the County acquired the track and
right-of-way after the line was abandoned and did not incur a common
carrier obligation for the line. See Common Carrier Status of
States, State Agencies and Instrumentalities, and Political
Subdivisions, 363 I.C.C. 132 (1980), aff'd. sub nom. Simmons v. ICC,
697 F.2d 326 (D.C. Cir. 1982), codified at 49 CFR 1150.22.
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Saratoga states that it was formed by SLRG for the purpose of
acquiring and operating the subject rail line and the connecting line
to Saratoga Springs, NY, owned by the Town of Corinth, NY.\3\
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\3\ Saratoga states that the subject trackage connects south of
Corinth with a line of railroad that extends to milepost 39.44 at
Saratoga Springs, NY, where it connects with a main line of the
Delaware & Hudson Railway Company, Inc. d/b/a Canadian Pacific (CP).
Saratoga also states that the subject trackage continues north of
North Creek to Tahawus and was operated historically as exempt
industry trackage.
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Saratoga states that it is negotiating the terms of an agreement
with the County to restore common carrier rail freight service over the
subject line.\4\ Saratoga also intends to restore a rail passenger
excursion service over the line.
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\4\ While the parties have not completed the agreement, Saratoga
must acquire sufficient rights to fully meet its common carrier
obligation to operate the line.
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This transaction is related to two simultaneously filed notices of
exemption: (1) Docket No. FD 35500, Saratoga and North Creek Railway,
LLC--Acquisition and Operation Exemption--Delaware and Hudson Railway
Company, Inc, d/b/a Canadian Pacific, in which Saratoga seeks an
exemption under 49 CFR 1150.31 to acquire from CP a permanent and
exclusive freight rail easement over, and to operate, approximately
16.45-miles of rail line known as the Adirondack Branch extending
between Adirondack Branch milepost 39.44 at or near Saratoga Springs,
NY, and Adirondack Branch milepost 55.89 at or near Corinth, NY, and
approximately 3.2 miles of operating rights for the purpose of
interchange with CP between Adirondack Branch milepost 39.44 and CP's
yard at Saratoga Springs located at Canadian Subdivision milepost 35;
and (2) Docket No. FD 35499, San Luis & Rio Grande Railroad--
Continuance in Control Exemption--Saratoga and North Creek Railway,
LLC, in which SLRG seeks an exemption to continue in control of
Saratoga upon Saratoga's becoming a Class III rail carrier. As a result
of these transactions, Saratoga will have authority to operate from
Saratoga Springs to North Creek.
[[Page 31680]]
Saratoga indicates that its agreement with the County will not
permit the collecting, sorting, loading, unloading, transferring, or
transporting of municipal solid waste or construction and demolition
material.\5\
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\5\ Saratoga is reminded that it cannot by contract avoid its
common carrier obligation to transport a commodity over the line.
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Saratoga certifies that its projected annual revenues as a result
of this transaction will not result in Saratoga's becoming a Class II
or Class I rail carrier and will not exceed $5 million.
Saratoga intends to consummate the transaction in either late June
or early July 2011. The earliest the transaction may be consummated is
after the June 15, 2011 effective date of the exemption (30 days after
the exemption 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. Stay petitions must be filed no later than June 8, 2011 (at
least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35500 (Sub-No. 1), must be filed with the Surface Transportation
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on John D. Heffner, John D.
Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006.
Board decisions and notices are available on our Web site at
``http://www.stb.dot.gov.''
Decided: May 26, 2011.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-13484 Filed 5-31-11; 8:45 am]
BILLING CODE 4915-01-P