[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Notices]
[Page 60280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21063]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36435]


Cattaraugus Local Development Corp.--Acquisition Exemption--Rail 
Line in Cattaraugus County, NY

    Cattaraugus Local Development Corp. (CLDC), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to acquire 
approximately 12.14 miles of rail line extending from milepost 426.5, 
in the Town of New Albion, to the city line of the City of Salamanca in 
the Town of Salamanca, which is near milepost 414.1,\1\ in Cattaraugus 
County, NY (the Line).
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    \1\ The verified notice states that the Line extends ``to the 
City line of the City of Salamanca in the Town of Salamanca (near 
milepost 414.1).'' In a supplement filed on September 8, 2020, CLDC 
states that milepost 414.1 is the closest mile marker to the 
southern boundary of the Line but ``the actual [m]ilepost, if it 
existed,'' would be milepost 414.36.
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    CLDC states that Cattaraugus County Industrial Development Agency 
(IDA) acquired the Line from the Trustees of the Erie Lackawanna 
Railway Company in 1980. CLDC further states that IDA transferred the 
Line to CLDC on or about August 2000 and that, since 2005, the Line has 
been used as a recreational trail known as the Senator Pat McGee Trail. 
CLDC now seeks after-the-fact Board authorization for its 2000 
acquisition.\2\
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    \2\ In a related proceeding currently held in abeyance, CLDC is 
seeking authorization to abandon the Line. See Cattaraugus Local 
Dev. Corp.--Aban. Exemption--in Cattaraugus Cnty., N.Y., AB 1300X et 
al. (STB served Aug. 5, 2020).
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    CLDC certifies that its annual revenues as a consequence of the 
transaction are not projected to exceed $5 million and will not result 
in CLDC becoming a Class I or a Class II rail carrier. CLDC also 
certifies that the acquisition does not involve any provisions or 
agreements that would limit future interchange with a third-party 
connecting carrier.
    The transaction will become effective on October 8, 2020 (30 days 
after the verified notice of exemption was filed).\3\
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    \3\ Although CLDC initially submitted its verified notice on 
September 1, 2020, the date of its supplement is considered the 
filing date and the basis for all dates in this notice.
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    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 to stay must be filed no later than October 1, 
2020 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36435, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on CLDC's representative, Robert 
J. McLaughlin, McLaughlin Law, P.C., 90 State Street, Suite 700, 
Albany, NY 12207.
    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 www.stb.gov.

    Decided: September 18, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2020-21063 Filed 9-23-20; 8:45 am]
BILLING CODE 4915-01-P