Saratoga and North Creek Railway, LLC (Saratoga),
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.
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.
Saratoga certifies that as a result of this transaction its projected annual Start Printed Page 70224revenues 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.
[FR Doc. 2011-29136 Filed 11-9-11; 8:45 am]
BILLING CODE 4915-01-P