[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Notices]
[Pages 70223-70224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29136]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35559]


Saratoga and North Creek Railway, LLC--Operation Exemption--
Tahawus Line

    Saratoga and North Creek Railway, LLC (Saratoga),\1\ a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to operate an approximately 29.71-mile line of railroad, known 
as the Tahawus Line. Saratoga states that the Tahawus Line currently is 
private track owned by NL Industries, Inc. (NL), an industrial concern 
which is selling the line to Saratoga in the very near future.\2\ The 
rail line extends between the existing connection with Saratoga at 
milepost NC 0.0 at North Creek, N.Y., and its terminus at milepost NC 
29.71 at Newcomb. Saratoga intends to provide common carrier rail 
service over the subject line connecting to its existing trackage at 
North Creek and extending to its connection with CP at Saratoga 
Springs.
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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. (Permian), which in 
turn is owned by Iowa Pacific Holdings, LLC (IPH). IPH and Permian 
formed Saratoga for the purpose of operating the entire Tahawus Line 
between Newcomb, N.Y., on the north and Saratoga Springs, N.Y., on 
the south, interchanging traffic with the Delaware & Hudson Railway 
Company, Inc. d/b/a Canadian Pacific (CP) at Saratoga Springs. In 2 
previous proceedings, the Board authorized Saratoga to operate 
between Saratoga Springs and North Creek. See Saratoga & N. Creek 
Ry.--Acquis. & Operation Exemption--Del. & Hudson Ry., Docket No. FD 
35500 (STB served June 1, 2011) and Saratoga & N. Creek Ry., LLC--
Operation Exemption--Warren Cnty., N.Y., Docket No. FD 35500 (Sub-
No. 1) (STB served June 1, 2011).
    \2\ Saratoga states that the subject trackage is exempt from 
Board regulation and has never been operated in common carrier 
service and therefore it does not need any Board authority to 
acquire this trackage as such property is outside the Board's 
jurisdiction. Saratoga cites B. Willis, C.P.A., Inc.--Petition for 
Declaratory Order, FD No. 34013 (STB served Oct. 3, 2001) (B. 
Willis)., aff'd sub nom. B. Willis, C.P.A., Inc. v. STB, 51 Fed 
Appx. 321 (D.C. Cir. 2002) in support of this proposition. Saratoga 
states that it has executed an agreement to acquire the line from NL 
and that it anticipates consummating the acquisition before the 
exemption in this proceeding becomes effective.
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    Saratoga certifies that as a result of this transaction its 
projected annual

[[Page 70224]]

revenues will not exceed $5 million and will not result in Saratoga 
becoming a Class I or Class II rail carrier.
    Saratoga states that it intends to consummate the transaction at 
least 30 days from the effective date of the exemption (around late 
November 2011). The earliest this transaction can be consummated is 
November 24, 2011, the effective date of the exemption (30 days after 
the exemption was filed).
    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. Stay petitions must 
be filed no later than November 17, 2011 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD No. 35559, must be filed with the Surface Transportation Board, 395 
E Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on John D. Heffner, Strasburger & Price, 1700 K 
Street NW., Suite 640, Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 4, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-29136 Filed 11-9-11; 8:45 am]
BILLING CODE 4915-01-P