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.
The rail line extends between the existing connection with Saratoga at milepost NC 0.0 at North Creek and its terminus at milepost NC 29.71 at Newcomb. Saratoga states that it presently owns the line, which it had acquired from NL Industries, Inc. (NL) in 2011 as private track outside of the Board's regulatory jurisdiction under 49 U.S.C. 10901-6.
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 points out that there are no agreements applicable to the line imposing any interchange commitments.
Saratoga certifies that as a result of this transaction its projected annual revenues will not exceed $5 million and will not result in Saratoga's becoming a Class I or Class II rail carrier.
Saratoga states that it intends to consummate the transaction at least 30 days from the filing date of the notice. The earliest this transaction can be consummated is June 16, 2012, the effective date of the exemption (30 days after the exemption was filed).
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 June 8, 2012 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No. FD 35631, 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 www.stb.dot.gov.
Decided: May 29, 2012.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
[FR Doc. 2012-13322 Filed 5-31-12; 8:45 am]
BILLING CODE 4915-01-P