[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Page 62498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25892]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35545]


Finger Lakes Railway Corp.--Acquisition and Operation Exemption--
CSX Transportation, Inc.

    Finger Lakes Railway Corp. (FGLK), a Class III carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire from CSX 
Transportation, Inc. (CSXT) and to operate a 0.73-mile line of railroad 
extending between milepost QCS 2.88 and milepost QCS 3.61 near Solvay, 
Onondaga County, N.Y., and lease from CSXT the underlying real 
property.\1\
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    \1\ FGLK states that it is also acquiring 2.17 miles of track in 
the Solvay Yard, which is adjacent to the subject rail line, but 
further states that acquisition of this yard track does not require 
Board authorization.
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    FGLK certifies that its projected annual revenues as a result of 
the transaction will not result in the creation of a Class II or Class 
I rail carrier. However, because its projected annual revenues will 
exceed $5 million, FGLK also has certified to the Board that that it 
has complied with the employee notice requirements of 49 CFR 
1150.42(e). Pursuant to that provision, the exemption may not become 
effective until 60 days from the August 25, 2011 date of certification 
to the Board, which would be October 24, 2011. Thus, FGLK may 
consummate the transaction and commence operating the line on or after 
that date.
    In its notice, FGLK states that it will continue to interchange 
traffic with CSXT. FGLK further states that there are no interchange 
commitments with respect to its existing interchange with CSXT, and 
that no interchange commitments will be required as part of the instant 
transaction.
    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 October 17, 2011 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35545, 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 Eric M. Hocky, Thorp Reed & Armstrong, LLP, 
One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 
19103.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 3, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-25892 Filed 10-6-11; 8:45 am]
BILLING CODE 4915-01-P