[Federal Register Volume 71, Number 7 (Wednesday, January 11, 2006)]
[Notices]
[Page 1785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-190]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34803]


The Town of Corinth, NY--Acquisition and Operation Exemption--
Canadian Pacific Railway

    The Town of Corinth, NY (Town), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from Delaware and 
Hudson Railway Company, Inc., doing business as Canadian Pacific 
Railway (CPR), certain assets of an approximately 16.45-mile rail line 
between Adirondack Branch milepost 39.44 at or near Saratoga Springs, 
NY, and Adirondack Branch milepost 55.89 at or near Corinth, NY. In 
addition, the Town will acquire from CPR approximately .69 miles of 
incidental trackage rights, extending from milepost 37.10 to milepost 
38.20 in Saratoga Springs, NY.
    At the time of filing of the verified notice, the Town and CPR were 
in the process of finalizing one or more agreements whereby the Town 
will acquire the right-of-way, track and other rail assets associated 
with the line, subject to CPR's reservation of an exclusive and 
permanent freight easement. The Town states that it will have neither 
the right nor the obligation to perform common carrier freight service 
over the line, but instead intends to provide intrastate scenic tour 
passenger operations.\1\
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    \1\ For these reasons, the Town has simultaneously filed a 
motion to dismiss the notice of exemption in this proceeding. The 
Board will address the motion in a separate decision.
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    The Town certifies that its projected revenues as a result of this 
transaction will not exceed those that would qualify it as a Class III 
rail carrier.
    The transaction was expected to be consummated on or after December 
31, 2005.
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34803, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Rose-Michele Nardi, Weiner 
Brodsky Sidman Kider PC, 1300 19th Street, NW., Fifth Floor, 
Washington, DC 20036-1609.
    Board decisions and notices are available on our Web site athttp://www.stb.dot.gov.

    Decided: January 4, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-190 Filed 1-10-06; 8:45 am]
BILLING CODE 4915-01-P