Saratoga and North Creek Railway, LLC-Operation Exemption-Warren County, NY, 31679-31680 [2011-13484]

Download as PDF Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES North Creek Railway, LLC (Saratoga) upon Saratoga’s becoming a Class III rail carrier.1 This transaction is related to two simultaneously filed notices of exemption: (1) Docket No. FD 35500, Saratoga and North Creek Railway— Acquisition and Operation Exemption— Delaware and Hudson Railway Company d/b/a Canadian Pacific, in which Saratoga seeks an exemption under 49 CFR 1150.31 to acquire from Delaware and Hudson Railway Company, Inc, d/b/a Canadian Pacific (CP) a permanent and exclusive freight rail easement over, and to operate, approximately 16.45-miles of rail line known as the Adirondack Branch extending between Adirondack Branch milepost 39.44 at or near Saratoga Springs, NY and Adirondack Branch milepost 55.89 at or near Corinth, NY, and approximately 3.2 miles of operating rights for the purpose of interchange with CP between Adirondack Branch milepost 39.44 and CP’s yard at Saratoga Springs located at Canadian Subdivision milepost 35; and (2) Docket No. FD 35500 (Sub-No. 1), Saratoga and North Creek Railway— Operation Exemption—Warren County, NY, in which Saratoga seeks an exemption under 49 CFR 1150.31 to operate over approximately 39.07 miles of rail line owned by Warren County, NY, extending between milepost 55.89 at or near Corinth, NY, and milepost 94.96 at North Creek, NY. As a result of these transactions, Saratoga will have authority to operate from Saratoga Springs to North Creek. The parties intend to consummate the transaction in either late June or early July 2011. The earliest the transaction may be consummated is after the June 15, 2011 effective date of the exemption (30 days after the exemption was filed). The parties certify that: (1) The rail lines to be operated by Saratoga will not connect with any other lines in their corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect the railroads with each other or with any other railroad in their corporate family; and (3) the transaction does not involve a Class I rail carrier. Therefore, the transaction is exempt from the prior approval requirements of 1 Saratoga is a limited liability company, wholly owned by SLRG. SLRG is a Class III rail carrier and a subsidiary of Permian Basin Railways, Inc. (PBR), which in turn is owned by Iowa Pacific Holdings, LLC, a noncarrier short line holding company. PBR currently owns the following Class III rail carriers: SLRG, West Texas & Lubbock Railway, Austin & Northwestern Railroad d/b/a Texas-New Mexico Railroad, Arizona Eastern Railway, Chicago Terminal Railroad, and Mount Hood Railroad. VerDate Mar<15>2010 18:48 May 31, 2011 Jkt 223001 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under sections 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III carriers. 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, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35499, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on John D. Heffner, John D. Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: May 26, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–13479 Filed 5–31–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35500 Sub-No. 1] Saratoga and North Creek Railway, LLC—Operation Exemption—Warren County, NY Saratoga and North Creek Railway, LLC (Saratoga),1 a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate approximately 39.07 miles of rail line owned by Warren County, NY (the County), a noncarrier, extending between milepost 1 Saratoga is a limited liability company, wholly owned by San Luis & Rio Grande Railroad (SLRG). SLRG is a Class III rail carrier and a subsidiary of Permian Basin Railways, Inc., which in turn is owned by Iowa Pacific Holdings, LLC. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 31679 55.89 at or near Corinth, NY, and milepost 94.96 at North Creek, NY Saratoga states that the County will retain ownership of the track and rightof-way as a noncarrier.2 Saratoga states that it was formed by SLRG for the purpose of acquiring and operating the subject rail line and the connecting line to Saratoga Springs, NY, owned by the Town of Corinth, NY.3 Saratoga states that it is negotiating the terms of an agreement with the County to restore common carrier rail freight service over the subject line.4 Saratoga also intends to restore a rail passenger excursion service over the line. This transaction is related to two simultaneously filed notices of exemption: (1) Docket No. FD 35500, Saratoga and North Creek Railway, LLC—Acquisition and Operation Exemption—Delaware and Hudson Railway Company, Inc, d/b/a Canadian Pacific, in which Saratoga seeks an exemption under 49 CFR 1150.31 to acquire from CP a permanent and exclusive freight rail easement over, and to operate, approximately 16.45-miles of rail line known as the Adirondack Branch extending between Adirondack Branch milepost 39.44 at or near Saratoga Springs, NY, and Adirondack Branch milepost 55.89 at or near Corinth, NY, and approximately 3.2 miles of operating rights for the purpose of interchange with CP between Adirondack Branch milepost 39.44 and CP’s yard at Saratoga Springs located at Canadian Subdivision milepost 35; and (2) Docket No. FD 35499, San Luis & Rio Grande Railroad—Continuance in Control Exemption—Saratoga and North Creek Railway, LLC, in which SLRG seeks an exemption to continue in control of Saratoga upon Saratoga’s becoming a Class III rail carrier. As a result of these transactions, Saratoga will have authority to operate from Saratoga Springs to North Creek. 2 According to Saratoga, the County acquired the track and right-of-way after the line was abandoned and did not incur a common carrier obligation for the line. See Common Carrier Status of States, State Agencies and Instrumentalities, and Political Subdivisions, 363 I.C.C. 132 (1980), aff’d. sub nom. Simmons v. ICC, 697 F.2d 326 (D.C. Cir. 1982), codified at 49 CFR 1150.22. 3 Saratoga states that the subject trackage connects south of Corinth with a line of railroad that extends to milepost 39.44 at Saratoga Springs, NY, where it connects with a main line of the Delaware & Hudson Railway Company, Inc. d/b/a Canadian Pacific (CP). Saratoga also states that the subject trackage continues north of North Creek to Tahawus and was operated historically as exempt industry trackage. 4 While the parties have not completed the agreement, Saratoga must acquire sufficient rights to fully meet its common carrier obligation to operate the line. E:\FR\FM\01JNN1.SGM 01JNN1 31680 Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Notices Saratoga indicates that its agreement with the County will not permit the collecting, sorting, loading, unloading, transferring, or transporting of municipal solid waste or construction and demolition material.5 Saratoga certifies that its projected annual revenues as a result of this transaction will not result in Saratoga’s becoming a Class II or Class I rail carrier and will not exceed $5 million. Saratoga intends to consummate the transaction in either late June or early July 2011. The earliest the transaction may be consummated is after the June 15, 2011 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, 2011 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35500 (Sub-No. 1), must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on John D. Heffner, John D. Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006. Board decisions and notices are available on our Web site at ‘‘http:// www.stb.dot.gov.’’ Decided: May 26, 2011. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011–13484 Filed 5–31–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Open Meeting of the President’s Council on Jobs and Competitiveness (PCJC) Departmental Offices, Treasury. Notice of open meeting. AGENCY: mstockstill on DSK4VPTVN1PROD with NOTICES ACTION: The President’s Council on Jobs and Competitiveness will meet on June 13, 2011, in Raleigh-Durham, North Carolina at 1:30 p.m. Eastern Time. The meeting will be open to the SUMMARY: 5 Saratoga is reminded that it cannot by contract avoid its common carrier obligation to transport a commodity over the line. VerDate Mar<15>2010 18:48 May 31, 2011 Jkt 223001 public via live webcast at http:// www.whitehouse.gov/live. DATES: The meeting will be held on June 13, 2011 at 1:30 p.m. Eastern Time. ADDRESSES: The PCJC will convene its meeting in Raleigh-Durham, North Carolina. The public is invited to submit written statements to the PCJC by any of the following methods: Electronic Statements • Send written statements to the PCJC’s electronic mailbox at PCJC@treasury.gov; or Paper Statements • Send paper statements in triplicate to John Oxtoby, Designated Federal Officer, President’s Council on Jobs and Competitiveness, Office of the Under Secretary for Domestic Finance, Room 1325A, Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. In general, all statements will be posted on the White House Web site (http://www.whitehouse.gov) without change, including any business or personal information provided such as names, addresses, e-mail addresses, or telephone numbers. The Department will also make such statements available for public inspection and copying in the Department’s Library, Room 1428, Main Department Building, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, on official business days between the hours of 10 a.m. and 5 p.m. Eastern Time. You can make an appointment to inspect statements by telephoning (202) 622– 0990. All statements received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. You should submit only information that you wish to make publicly available. FOR FURTHER INFORMATION CONTACT: John Oxtoby, Designated Federal Officer, President’s Council on Jobs and Competitiveness, Office of the Under Secretary for Domestic Finance, Department of the Treasury, Main Department Building, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, at (202) 622– 2000. SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the Federal Advisory Committee Act, 5 U.S.C. App. II, 10(a), and the regulations thereunder, John Oxtoby, Designated Federal Officer of the PCJC, has ordered publication of this notice that the PCJC will convene its next meeting on June 13, 2011, in RaleighDurham, North Carolina beginning at 1:30 p.m. Eastern Time. The meeting PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 will be broadcast on the internet via live webcast at http://www.whitehouse.gov/ live. The purpose of this meeting is to discuss initiatives and policies to strengthen the economy, promote and accelerate job growth and bolster America’s competitiveness around the world. The President will continue the discussion focused on identifying practical ways the government and business can work together to foster growth and create jobs. The PCJC will also discuss policy approaches to educating and training America’s workforce to ensure that the jobs and the industries of the future are created in the United States. Due to the significant logistical difficulties of convening the members of the PCJC, the meeting has been scheduled with less than 15 days notice (see 41 CFR 102– 3.150(b)). Dated: May 25, 2011. Rebecca Ewing, Acting Executive Secretary, U.S. Department of the Treasury. [FR Doc. 2011–13528 Filed 5–31–11; 8:45 am] BILLING CODE 4810–25–P DEPARTMENT OF THE TREASURY Office of Thrift Supervision General Reporting and Recordkeeping by Savings Associations and Savings and Loan Holding Companies Office of Thrift Supervision (OTS), Treasury. ACTION: Notice and request for comment. AGENCY: The proposed information collection request (ICR) described below has been submitted to the Office of Management and Budget (OMB) for review and approval, as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3507. OTS is soliciting public comments on the proposal. DATES: Submit written comments on or before July 1, 2011. A copy of this ICR, with applicable supporting documentation, can be obtained from RegInfo.gov at http://www.reginfo.gov/ public/do/PRAMain. ADDRESSES: Send comments, referring to the collection by title of the proposal or by OMB approval number, to OMB and OTS at these addresses: Office of Information and Regulatory Affairs, Attention: Desk Officer for OTS, U.S. Office of Management and Budget, 725 17th Street, NW., Room 10235, Washington, DC 20503, or by fax to (202) 393–6974; and Information Collection Comments, Chief Counsel’s Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC SUMMARY: E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Notices]
[Pages 31679-31680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13484]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35500 Sub-No. 1]


Saratoga and North Creek Railway, LLC--Operation Exemption--
Warren County, NY

    Saratoga and North Creek Railway, LLC (Saratoga),\1\ a noncarrier, 
has filed a verified notice of exemption under 49 CFR 1150.31 to 
operate approximately 39.07 miles of rail line owned by Warren County, 
NY (the County), a noncarrier, extending between milepost 55.89 at or 
near Corinth, NY, and milepost 94.96 at North Creek, NY Saratoga states 
that the County will retain ownership of the track and right-of-way as 
a noncarrier.\2\
---------------------------------------------------------------------------

    \1\ Saratoga is a limited liability company, wholly owned by San 
Luis & Rio Grande Railroad (SLRG). SLRG is a Class III rail carrier 
and a subsidiary of Permian Basin Railways, Inc., which in turn is 
owned by Iowa Pacific Holdings, LLC.
    \2\ According to Saratoga, the County acquired the track and 
right-of-way after the line was abandoned and did not incur a common 
carrier obligation for the line. See Common Carrier Status of 
States, State Agencies and Instrumentalities, and Political 
Subdivisions, 363 I.C.C. 132 (1980), aff'd. sub nom. Simmons v. ICC, 
697 F.2d 326 (D.C. Cir. 1982), codified at 49 CFR 1150.22.
---------------------------------------------------------------------------

    Saratoga states that it was formed by SLRG for the purpose of 
acquiring and operating the subject rail line and the connecting line 
to Saratoga Springs, NY, owned by the Town of Corinth, NY.\3\
---------------------------------------------------------------------------

    \3\ Saratoga states that the subject trackage connects south of 
Corinth with a line of railroad that extends to milepost 39.44 at 
Saratoga Springs, NY, where it connects with a main line of the 
Delaware & Hudson Railway Company, Inc. d/b/a Canadian Pacific (CP). 
Saratoga also states that the subject trackage continues north of 
North Creek to Tahawus and was operated historically as exempt 
industry trackage.
---------------------------------------------------------------------------

    Saratoga states that it is negotiating the terms of an agreement 
with the County to restore common carrier rail freight service over the 
subject line.\4\ Saratoga also intends to restore a rail passenger 
excursion service over the line.
---------------------------------------------------------------------------

    \4\ While the parties have not completed the agreement, Saratoga 
must acquire sufficient rights to fully meet its common carrier 
obligation to operate the line.
---------------------------------------------------------------------------

    This transaction is related to two simultaneously filed notices of 
exemption: (1) Docket No. FD 35500, Saratoga and North Creek Railway, 
LLC--Acquisition and Operation Exemption--Delaware and Hudson Railway 
Company, Inc, d/b/a Canadian Pacific, in which Saratoga seeks an 
exemption under 49 CFR 1150.31 to acquire from CP a permanent and 
exclusive freight rail easement over, and to operate, approximately 
16.45-miles of rail line known as the Adirondack Branch extending 
between Adirondack Branch milepost 39.44 at or near Saratoga Springs, 
NY, and Adirondack Branch milepost 55.89 at or near Corinth, NY, and 
approximately 3.2 miles of operating rights for the purpose of 
interchange with CP between Adirondack Branch milepost 39.44 and CP's 
yard at Saratoga Springs located at Canadian Subdivision milepost 35; 
and (2) Docket No. FD 35499, San Luis & Rio Grande Railroad--
Continuance in Control Exemption--Saratoga and North Creek Railway, 
LLC, in which SLRG seeks an exemption to continue in control of 
Saratoga upon Saratoga's becoming a Class III rail carrier. As a result 
of these transactions, Saratoga will have authority to operate from 
Saratoga Springs to North Creek.

[[Page 31680]]

    Saratoga indicates that its agreement with the County will not 
permit the collecting, sorting, loading, unloading, transferring, or 
transporting of municipal solid waste or construction and demolition 
material.\5\
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    \5\ Saratoga is reminded that it cannot by contract avoid its 
common carrier obligation to transport a commodity over the line.
---------------------------------------------------------------------------

    Saratoga certifies that its projected annual revenues as a result 
of this transaction will not result in Saratoga's becoming a Class II 
or Class I rail carrier and will not exceed $5 million.
    Saratoga intends to consummate the transaction in either late June 
or early July 2011. The earliest the transaction may be consummated is 
after the June 15, 2011 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, 2011 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35500 (Sub-No. 1), must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on John D. Heffner, John D. 
Heffner, PLLC, 1750 K Street, NW., Suite 200, Washington, DC 20006.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: May 26, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-13484 Filed 5-31-11; 8:45 am]
BILLING CODE 4915-01-P