Seneca County Industrial Development Agency-Lease Exemption-Finger Lakes Railway Corp., 25751-25752 [2016-10091]
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Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
between milepost 342.80 at the Ontario/
Seneca County line and milepost 329.30
at or near Kendaia, a distance of 13.50
miles.1 The Agency and FGLK state that
the Agency currently owns the rail lines
but FGLK is responsible for all railroad
operations over the rail lines.
According to FGLK, the sublease of
the rail lines is part of a series of
proposed transactions that will allow
FGLK to continue to pay a negotiated
‘‘payment in lieu of taxes’’ (PILOT)
while maintaining the benefits of being
exempt from local and state taxes. FGLK
states that it originally acquired the rail
lines in 1995 and transferred title to the
Agency and then leased back the rail
lines for purposes of the PILOT
arrangement. FGLK states that to extend
and restructure the PILOT arrangement,
the Agency will first transfer title to the
rail lines to FGLK.2 Then the Agency
will lease the rail lines from FGLK.3
Lastly, FGLK will sublease the rail lines
back from the Agency to continue
operations over them, including all
common carrier service and
maintenance of the tracks—the
transaction at issue in this docket.
FGLK certifies that the proposed
transaction does not include an
interchange commitment.
FGLK states the transaction will not
result in the creation of a Class II or
Class I rail carrier, but that its projected
revenues as a result of this transaction
would exceed $5 million. Accordingly,
under 49 CFR 1150.42(e), FGLK is
required, at least 60 days before this
exemption is to become effective, to
send notice of the transaction to the
national offices of the labor unions with
employees on the affected lines, post a
copy of the notice at the workplace of
the employees on the affected lines, and
certify to the Board that it has done so.
FGLK, however, has filed a petition for
waiver of this 60-day advance labor
notice requirement, asserting that there
will be no changes for employees
working on the rail lines because FGLK
1 The Agency and FGLK jointly filed one notice
for three related transactions under 49 CFR 1150.31
and 1150.41, one in this docket, one in Docket No.
FD 36022, and one in Docket No. FD 36023, as
described further below. A separate notice will be
published for each exemption.
2 FGLK filed a verified notice of exemption to
acquire the rail lines in Finger Lakes Railway—
Acquisition & Operation Exemption—Seneca
County Industrial Development Agency, Docket No.
FD 36022.
3 The Agency filed a verified notice of exemption
to acquire the rail lines by lease, in Seneca County
Industrial Development Agency—Lease
Exemption—Finger Lakes Railway, Docket No. FD
36023. The Agency also filed a motion to dismiss
that notice of exemption on grounds that the
transaction does not require authorization from the
Board. That motion will be addressed in a separate
decision.
VerDate Sep<11>2014
18:31 Apr 28, 2016
Jkt 238001
already operates the rail lines and will
continue to be the sole common carrier
operator of the rail lines. FGLK’s waiver
request will be addressed in a separate
decision.
FGLK states that the parties intend to
consummate the transaction no sooner
than May 13, 2016, the effective date of
the exemption (30 days after the verified
notice was filed), and only after the
Board has ruled on the motion to
dismiss in Docket No. FD 36023. The
Board will establish in the decision on
the waiver request the earliest date this
transaction can be consummated.
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 to stay must be
filed no later than May 6, 2016 (at least
seven days before the exemption
becomes effective).
An original and ten copies of all
pleadings, referring to Docket No. FD
36024, 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 Eric M. Hocky, Clark Hill
PLC, 2005 Market Street, Suite 1000,
Philadelphia, PA 19103.
According to FGLK, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c).
Board decisions and notices are
available on our Web site at
WWW.STB.DOT.GOV.
Decided: April 26, 2016.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016–10092 Filed 4–28–16; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36023]
Seneca County Industrial Development
Agency—Lease Exemption—Finger
Lakes Railway Corp.
Seneca County Industrial
Development Agency (Agency), a
noncarrier, has filed a verified notice
under 49 CFR 1150.31 to lease from
Finger Lakes Railway Corp. (FGLK), a
Class III rail carrier, approximately
26.44 miles of railroad located in New
York as follows: (1) Auburn Secondary,
between milepost 37.56 at the Seneca/
Cayuga County line and milepost 50.50
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
25751
at or near Geneva, a distance of 12.94
miles; and (2) Geneva Running Track,
between milepost 342.80 at the Ontario/
Seneca County line and milepost 329.30
at or near Kendaia, a distance of 13.50
miles.1
According to the Agency, the lease of
the rail lines is part of a series of
proposed transactions that will allow
FGLK to continue to pay a negotiated
‘‘payment in lieu of taxes’’ (PILOT)
while maintaining the benefits of being
exempt from local and state taxes. The
Agency states that FGLK originally
acquired the rail lines in 1995 and
transferred title to the Agency and then
leased back the rail lines for purposes of
the PILOT arrangement. The Agency
states that to extend and restructure the
PILOT arrangement, it will first transfer
title to the rail lines to FGLK.2 Then the
Agency will lease the rail lines from
FGLK—the transaction at issue in this
docket. Lastly, FGLK will sublease the
rail lines back from the Agency to
continue operations, including all
common carrier service and
maintenance of the tracks.3
The Agency states that it will not hold
itself out to provide any rail service, and
is not acquiring any of the common
carrier obligations with respect to the
rail lines.4 Under the terms of the lease
from FGLK to the Agency and the
amended and restated lease from the
Agency to FGLK, the Agency maintains
that FGLK will continue to be the sole
provider of railroad services and will
have the rights necessary to operate the
railroad services. The Agency states that
it is not leasing or acquiring any of the
common carrier obligations with respect
to the rail lines. The Agency further
states that it will be precluded from
interfering materially with FGLK’s
common carrier obligation.
The Agency certifies that it will not
operate over the rail lines and that the
transaction will not result in the
creation of a Class I or Class II carrier.
1 The Agency and FGLK jointly filed one notice
for three related transactions under 49 CFR 1150.31
and 1150.41, one in this docket, one in Docket No.
FD 36022, and one in Docket No. FD 36024, as
described further below. A separate notice will be
published for each exemption.
2 FGLK filed a verified notice of exemption to
acquire the rail lines in Finger Lakes Railway—
Acquisition & Operation Exemption—Seneca
County Industrial Development Agency, Docket No.
FD 36022.
3 FGLK filed a verified notice of exemption to
sublease the rail lines in Finger Lakes Railway—
Sublease & Operation Exemption—Seneca County
Industrial Development Agency, Docket No. FD
36024.
4 A motion to dismiss the notice of exemption on
grounds that the transaction does not require
authorization from the Board was concurrently filed
with this notice of exemption. The motion to
dismiss will be addressed in a subsequent Board
decision.
E:\FR\FM\29APN1.SGM
29APN1
25752
Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Notices
The Agency further states that FGLK is
a Class III carrier.
The Agency states that the parties
intend to consummate the transaction
no sooner than May 13, 2016, the
effective date of the exemption (30 days
after the verified notice was filed), and
only after the Board has ruled on the
motion to dismiss.
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 to stay must be
filed no later than May 6, 2016 (at least
seven days before the exemption
becomes effective).
An original and ten copies of all
pleadings, referring to Docket No. FD
36023, 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 Eric M. Hocky, Clark Hill
PLC, 2005 Market Street, Suite 1000,
Philadelphia, PA 19103.
According to the Agency, this action
is categorically excluded from
environmental review under 49 CFR
1105.6(c).
Board decisions and notices are
available on our Web site at
WWW.STB.DOT.GOV.
Decided: April 26, 2016.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016–10091 Filed 4–28–16; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36022]
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Finger Lakes Railway Corp.—
Acquisition and Operation
Exemption—Seneca County Industrial
Development Agency
Finger Lakes Railway Corp. (FGLK), a
Class III rail carrier, has filed a verified
notice of exemption under 49 CFR
1150.41 to acquire from Seneca County
Industrial Development Agency
(Agency), and operate approximately
26.44 miles of railroad located in New
York as follows: (1) Auburn Secondary,
between milepost 37.56 at the Seneca/
Cayuga County line and milepost 50.50
at or near Geneva, a distance of 12.94
miles; and (2) Geneva Running Track,
between milepost 342.80 at the Ontario/
Seneca County line and milepost 329.30
at or near Kendaia, a distance of 13.50
VerDate Sep<11>2014
18:31 Apr 28, 2016
Jkt 238001
miles.1 The Agency and FGLK state that
the Agency currently owns the rail lines
but FGLK is responsible for all railroad
operations over the rail lines.
According to FGLK, the acquisition of
the rail lines is part of a series of
proposed transactions that will allow
FGLK to continue to pay a negotiated
‘‘payment in lieu of taxes’’ (PILOT)
while maintaining the benefits of being
exempt from local and state taxes. FGLK
states that it originally acquired the rail
lines in 1995 and transferred title to the
Agency and then leased back the rail
lines for purposes of the PILOT
arrangement. FGLK states that to extend
and restructure the PILOT arrangement,
the Agency will first transfer title to the
rail lines to FGLK. This notice relates to
that transaction. Then the Agency will
lease the rail lines from FGLK.2 Lastly,
FGLK will sublease the rail lines back
from the Agency to continue operations
over them, including all common carrier
service and maintenance of the tracks.3
FGLK certifies that the proposed
transaction does not include an
interchange commitment.
FGLK states the transaction will not
result in the creation of a Class II or
Class I rail carrier, but that its projected
revenues as a result of this transaction
would exceed $5 million. Accordingly,
under 49 CFR 1150.42(e), FGLK is
required, at least 60 days before this
exemption is to become effective, to
send notice of the transaction to the
national offices of the labor unions with
employees on the affected lines, post a
copy of the notice at the workplace of
the employees on the affected lines, and
certify to the Board that it has done so.
FGLK, however, has filed a petition for
waiver of this 60-day advance labor
notice requirement, asserting that there
will be no changes for employees
working on the rail lines because FGLK
already operates the rail lines and will
continue to be the sole common carrier
operator of the rail lines. FGLK’s waiver
request will be addressed in a separate
decision.
1 The
Agency and FGLK jointly filed one notice
for three related transactions under 49 CFR 1150.31
and 1150.41, one in this docket, one in Docket No.
FD 36023, and one in Docket No. FD 36024, as
described further below. A separate notice will be
published for each exemption.
2 The Agency filed a verified notice of exemption
to acquire the rail lines by lease, in Seneca County
Industrial Development Agency—Lease
Exemption—Finger Lakes Railway, Docket No. FD
36023. The Agency also filed a motion to dismiss
that notice of exemption on grounds that the
transaction does not require authorization from the
Board. That motion will be addressed in a separate
decision.
3 FGLK filed a verified notice of exemption to
sublease the rail lines in Finger Lakes Railway—
Sublease & Operation Exemption—Seneca County
Industrial Development Agency, Docket No. FD
36024.
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
FGLK states that the parties intend to
consummate the transaction no sooner
than May 13, 2016, the effective date of
the exemption (30 days after the verified
notice was filed), and only after the
Board has ruled on the motion to
dismiss in Docket No. FD 36023. The
Board will establish in the decision on
the waiver request the earliest date this
transaction can be consummated.
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 to stay must be
filed no later than May 6, 2016 (at least
seven days before the exemption
becomes effective).
An original and ten copies of all
pleadings, referring to Docket No. FD
36022, 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 Eric M. Hocky, Clark Hill
PLC, 2005 Market Street, Suite 1000,
Philadelphia, PA 19103.
According to FGLK, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c).
Board decisions and notices are
available on our Web site at
WWW.STB.DOT.GOV.
Decided: April 26, 2016.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016–10090 Filed 4–28–16; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Railroad Safety Infrastructure
Improvement Grants
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity.
AGENCY:
This Notice of Funding
Opportunity (NOFO or notice) details
the application requirements and
procedures for obtaining grant funding
for eligible projects under the Railroad
Safety Infrastructure Improvement Grant
program. The opportunities described in
this notice are available under Catalog
of Federal Domestic Assistance (CFDA)
number 20.301, ‘‘Rail Safety Grants.’’
SUMMARY:
E:\FR\FM\29APN1.SGM
29APN1
Agencies
[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Notices]
[Pages 25751-25752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10091]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36023]
Seneca County Industrial Development Agency--Lease Exemption--
Finger Lakes Railway Corp.
Seneca County Industrial Development Agency (Agency), a noncarrier,
has filed a verified notice under 49 CFR 1150.31 to lease from Finger
Lakes Railway Corp. (FGLK), a Class III rail carrier, approximately
26.44 miles of railroad located in New York as follows: (1) Auburn
Secondary, between milepost 37.56 at the Seneca/Cayuga County line and
milepost 50.50 at or near Geneva, a distance of 12.94 miles; and (2)
Geneva Running Track, between milepost 342.80 at the Ontario/Seneca
County line and milepost 329.30 at or near Kendaia, a distance of 13.50
miles.\1\
---------------------------------------------------------------------------
\1\ The Agency and FGLK jointly filed one notice for three
related transactions under 49 CFR 1150.31 and 1150.41, one in this
docket, one in Docket No. FD 36022, and one in Docket No. FD 36024,
as described further below. A separate notice will be published for
each exemption.
---------------------------------------------------------------------------
According to the Agency, the lease of the rail lines is part of a
series of proposed transactions that will allow FGLK to continue to pay
a negotiated ``payment in lieu of taxes'' (PILOT) while maintaining the
benefits of being exempt from local and state taxes. The Agency states
that FGLK originally acquired the rail lines in 1995 and transferred
title to the Agency and then leased back the rail lines for purposes of
the PILOT arrangement. The Agency states that to extend and restructure
the PILOT arrangement, it will first transfer title to the rail lines
to FGLK.\2\ Then the Agency will lease the rail lines from FGLK--the
transaction at issue in this docket. Lastly, FGLK will sublease the
rail lines back from the Agency to continue operations, including all
common carrier service and maintenance of the tracks.\3\
---------------------------------------------------------------------------
\2\ FGLK filed a verified notice of exemption to acquire the
rail lines in Finger Lakes Railway--Acquisition & Operation
Exemption--Seneca County Industrial Development Agency, Docket No.
FD 36022.
\3\ FGLK filed a verified notice of exemption to sublease the
rail lines in Finger Lakes Railway--Sublease & Operation Exemption--
Seneca County Industrial Development Agency, Docket No. FD 36024.
---------------------------------------------------------------------------
The Agency states that it will not hold itself out to provide any
rail service, and is not acquiring any of the common carrier
obligations with respect to the rail lines.\4\ Under the terms of the
lease from FGLK to the Agency and the amended and restated lease from
the Agency to FGLK, the Agency maintains that FGLK will continue to be
the sole provider of railroad services and will have the rights
necessary to operate the railroad services. The Agency states that it
is not leasing or acquiring any of the common carrier obligations with
respect to the rail lines. The Agency further states that it will be
precluded from interfering materially with FGLK's common carrier
obligation.
---------------------------------------------------------------------------
\4\ A motion to dismiss the notice of exemption on grounds that
the transaction does not require authorization from the Board was
concurrently filed with this notice of exemption. The motion to
dismiss will be addressed in a subsequent Board decision.
---------------------------------------------------------------------------
The Agency certifies that it will not operate over the rail lines
and that the transaction will not result in the creation of a Class I
or Class II carrier.
[[Page 25752]]
The Agency further states that FGLK is a Class III carrier.
The Agency states that the parties intend to consummate the
transaction no sooner than May 13, 2016, the effective date of the
exemption (30 days after the verified notice was filed), and only after
the Board has ruled on the motion to dismiss.
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 to stay must be filed no later than May 6, 2016
(at least seven days before the exemption becomes effective).
An original and ten copies of all pleadings, referring to Docket
No. FD 36023, 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 Eric M. Hocky, Clark Hill PLC, 2005 Market
Street, Suite 1000, Philadelphia, PA 19103.
According to the Agency, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c).
Board decisions and notices are available on our Web site at
WWW.STB.DOT.GOV.
Decided: April 26, 2016.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-10091 Filed 4-28-16; 8:45 am]
BILLING CODE 4915-01-P