SMS Rail Lines of New York, LLC-Acquisition and Operation Exemption-Northeastern Industrial Park, Inc., 57601 [E6-16036]
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Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Notices
ultimately passed to the Northern Hills
Regional Railroad Authority (NHRRA).
As operator of the line, DBHWR will
provide both passenger and freight
services pursuant to an operating
agreement with NHRRA. Under the
agreement, DBHWR expects to
interchange with Dakota, Minnesota &
Eastern Railroad at milepost 0.0, at
Whitewood. DBHWR states that the
period for operation is currently
indefinite and that the agreement with
NHRRA will be amended or supplanted
prior to actual commencement of
operations.
The rail segment qualifies for a
modified certificate of public
convenience and necessity. See
Common Carrier Status of States, State
Agencies and Instrumentalities and
Political Subdivisions, Finance Docket
No. 28990F (ICC served July 16, 1981).
DBHWR states that the line will
require reconstruction for operational
purposes and the imposition of certain
preconditions to ensure that
construction and operation costs are
recoverable. DBHWR indicates that
commencement of rehabilitation or
operations will be contingent upon
shippers meeting the following
preconditions: (a) Entry into binding
written commitments to provide
funding for restoration purposes equal
to a sum no less than $13,000,000; 1 and
(b) entry into binding written
commitments sufficient to assure car
loadings (or payments in lieu thereof) in
an amount no less than 1,000 carloads
per year (an amount judged adequate to
cover all costs associated with
maintenance, operation and
capitalization of the line).
DBHWR indicates that no subsidy is
involved. DBHWR also indicates that it
sum may be increased in the event a third
party engineering study identifies needs requiring
a greater amount of rehabilitation necessary to
improve the facilities in order to achieve 25 mph
operation in accordance with applicable standards.
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has obtained liability insurance
coverage, and will obtain additional
insurance when it commences
rehabilitation or actual operation.
This notice will be served on the
Association of American Railroads (Car
Service Division) as agent for all
railroads subscribing to the car-service
and car-hire agreement: Association of
American Railroads, 50 F Street, NW.,
Washington, DC 20001; and on the
American Short Line and Regional
Railroad Association: American Short
Line and Regional Railroad Association,
50 F Street, NW., Suite 7020,
Washington, DC 20001.
Board decisions and notices are
available on our Web site at
WWW.STB.DOT.GOV.
Decided: September 21, 2006.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6–15955 Filed 9–28–06; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34928]
SMS Rail Lines of New York, LLC—
Acquisition and Operation
Exemption—Northeastern Industrial
Park, Inc.
SMS Rail Lines of New York, LLC
(SMSNY), a noncarrier, has filed a
verified notice of exemption under 49
CFR 1150.31 to acquire by lease from
Northeastern Industrial Park, Inc., and
to operate approximately 15 miles of rail
line in the Northeastern Industrial Park,
Guilderland Center 12085, Albany
County, NY.1
1 The
rail lines extend from connections with the
Canadian Pacific Railway at milepost 11.4 on the
railroad’s Vorheesville Running Track. There is a
PO 00000
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57601
This transaction is related to STB
Finance Docket No. 34929, Jeffrey L.
Sutch—Continuance in Control
Exemption—SMS Rail Lines of New
York, LLC, wherein Jeffrey L. Sutch has
concurrently filed a verified notice of
exemption to continue in control of
SMSNY, upon its becoming a Class III
rail carrier.2
SMSNY certifies that the projected
annual revenues as a result of this
transaction will not result in the
creation of a Class II or Class I rail
carrier, and further certifies that its
projected annual revenues will not
exceed $5 million. The transaction was
scheduled to be consummated on or
after September 8, 2006.
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.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34928, must be filed with
the Surface Transportation Board, 1925
K Street, NW., Washington, DC 20423–
0001. In addition, one copy of each
pleading must be served on Fritz R.
Kahn, Fritz R. Kahn, PC, 1920 N St.,
NW., Eighth Floor, Washington, DC
20036–1601.
Board decisions and notices are
available on our Web site at
WWW.STB.DOT.GOV.
Decided: September 22, 2006.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6–16036 Filed 9–28–06; 8:45 am]
BILLING CODE 4915–01–P
separate connection with a rail line of CSX
Transportation, Inc.
2 Mr. Sutch also controls SMS Rail Service, Inc.,
a Class III rail carrier.
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[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Notices]
[Page 57601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16036]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34928]
SMS Rail Lines of New York, LLC--Acquisition and Operation
Exemption--Northeastern Industrial Park, Inc.
SMS Rail Lines of New York, LLC (SMSNY), a noncarrier, has filed a
verified notice of exemption under 49 CFR 1150.31 to acquire by lease
from Northeastern Industrial Park, Inc., and to operate approximately
15 miles of rail line in the Northeastern Industrial Park, Guilderland
Center 12085, Albany County, NY.\1\
---------------------------------------------------------------------------
\1\ The rail lines extend from connections with the Canadian
Pacific Railway at milepost 11.4 on the railroad's Vorheesville
Running Track. There is a separate connection with a rail line of
CSX Transportation, Inc.
---------------------------------------------------------------------------
This transaction is related to STB Finance Docket No. 34929,
Jeffrey L. Sutch--Continuance in Control Exemption--SMS Rail Lines of
New York, LLC, wherein Jeffrey L. Sutch has concurrently filed a
verified notice of exemption to continue in control of SMSNY, upon its
becoming a Class III rail carrier.\2\
---------------------------------------------------------------------------
\2\ Mr. Sutch also controls SMS Rail Service, Inc., a Class III
rail carrier.
---------------------------------------------------------------------------
SMSNY certifies that the projected annual revenues as a result of
this transaction will not result in the creation of a Class II or Class
I rail carrier, and further certifies that its projected annual
revenues will not exceed $5 million. The transaction was scheduled to
be consummated on or after September 8, 2006.
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.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 34928, must be filed with the Surface Transportation
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one
copy of each pleading must be served on Fritz R. Kahn, Fritz R. Kahn,
PC, 1920 N St., NW., Eighth Floor, Washington, DC 20036-1601.
Board decisions and notices are available on our Web site at
WWW.STB.DOT.GOV.
Decided: September 22, 2006.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-16036 Filed 9-28-06; 8:45 am]
BILLING CODE 4915-01-P
