[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Pages 71736-71737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25544]



[Docket No. FD 36612]

Revolution Rail Holding Company, LLC--Acquisition Exemption--
Saratoga and North Creek Railway, LLC

    Revolution Rail Holding Company, LLC (RRHC), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire 
from Saratoga and North Creek Railroad (SNCR) approximately 29.71 miles 
of rail line between milepost NC 0.0 at North Creek, N.Y., and its 
terminus at milepost NC 29.71 near the former Tahawus Mine, as well as 
approximately 2.97 miles of passing tracks and siding (the Line).\1\

    \1\ RRHC submitted its verified notice of exemption on April 20, 
2022. However, by decision served on May 19, 2022, the effective 
date of the exemption was postponed because of uncertainty involving 
the interrelationship between RRHC's proposed acquisition exemption 
and the pending application for adverse abandonment of the Line 
filed by the New York State Department of Environmental Conservation 
(the Department) in Docket No. AB 1261. The Department filed letters 
addressing these issues on June 21, 2022, and July 19, 2022. By 
decision served November 18, 2022, the Board concluded that the 
uncertainty had been addressed and notice of RRHC's exemption could 

    RRHC states that that it was the successful bidder in the March 
2022 bankruptcy auction of SNCR's assets and it subsequently entered 
into an Amended Asset Purchase Agreement (the Agreement) with the Plan 
Administrator to purchase those assets, including the Line. (Verified 
Notice 5, 8-9, Ex. B.) RRHC further states that it is willing to assume 
the common carrier obligation and has partnered with SMS Rail Service, 
Inc. (SMS), a Class III rail carrier, to provide freight rail service 
on the Line if any service is requested in

[[Page 71737]]

accordance with 49 U.S.C. 11101.\2\ (Id. at 8.)

    \2\ RRHC notes that SMS would need to obtain the necessary Board 
authority to operate on the Line when service is required.

    The transaction may be consummated on or after December 7, 2022, 
the effective date of the exemption.
    RRHC certifies that proposed transaction will not result in 
projected annual operating revenues exceeding $5 million and will not 
result in the creation of a Class I or Class II rail carrier.
    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 for stay must be filed no later than November 30, 
2022 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36612, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
RRHC's representative, Daniel R. Elliott, GKG Law, P.C., 1050 Thomas 
Jefferson Street NW, Suite 500, Washington, DC 20007.
    According to RRHC, this action is categorically excluded from 
environmental review under 49 CFR 1105.6 and from historic reporting 
requirements under 49 CFR 1105.8.
    Board decisions and notices are available at www.stb.gov.

    Decided: November 17, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-25544 Filed 11-22-22; 8:45 am]