Notice2022-25544
Revolution Rail Holding Company, LLC-Acquisition Exemption-Saratoga and North Creek Railway, LLC
Primary source
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Published
November 23, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 225 (Wednesday, November 23, 2022)</title>
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[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71736-71737]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25544]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36612]
Revolution Rail Holding Company, LLC--Acquisition Exemption--
Saratoga and North Creek Railway, LLC
Revolution Rail Holding Company, LLC (RRHC), a noncarrier, has
filed a verified notice of exemption under 49 CFR 1150.31 to acquire
from Saratoga and North Creek Railroad (SNCR) approximately 29.71 miles
of rail line between milepost NC 0.0 at North Creek, N.Y., and its
terminus at milepost NC 29.71 near the former Tahawus Mine, as well as
approximately 2.97 miles of passing tracks and siding (the Line).\1\
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\1\ RRHC submitted its verified notice of exemption on April 20,
2022. However, by decision served on May 19, 2022, the effective
date of the exemption was postponed because of uncertainty involving
the interrelationship between RRHC's proposed acquisition exemption
and the pending application for adverse abandonment of the Line
filed by the New York State Department of Environmental Conservation
(the Department) in Docket No. AB 1261. The Department filed letters
addressing these issues on June 21, 2022, and July 19, 2022. By
decision served November 18, 2022, the Board concluded that the
uncertainty had been addressed and notice of RRHC's exemption could
proceed.
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RRHC states that that it was the successful bidder in the March
2022 bankruptcy auction of SNCR's assets and it subsequently entered
into an Amended Asset Purchase Agreement (the Agreement) with the Plan
Administrator to purchase those assets, including the Line. (Verified
Notice 5, 8-9, Ex. B.) RRHC further states that it is willing to assume
the common carrier obligation and has partnered with SMS Rail Service,
Inc. (SMS), a Class III rail carrier, to provide freight rail service
on the Line if any service is requested in
[[Page 71737]]
accordance with 49 U.S.C. 11101.\2\ (Id. at 8.)
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\2\ RRHC notes that SMS would need to obtain the necessary Board
authority to operate on the Line when service is required.
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The transaction may be consummated on or after December 7, 2022,
the effective date of the exemption.
RRHC certifies that proposed transaction will not result in
projected annual operating revenues exceeding $5 million and will not
result in the creation of a Class I or Class II rail carrier.
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 for stay must be filed no later than November 30,
2022 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36612, must be filed with
the Surface Transportation Board either via e-filing on the Board's
website or in writing addressed to 395 E Street SW, Washington, DC
20423-0001. In addition, a copy of each pleading must be served on
RRHC's representative, Daniel R. Elliott, GKG Law, P.C., 1050 Thomas
Jefferson Street NW, Suite 500, Washington, DC 20007.
According to RRHC, this action is categorically excluded from
environmental review under 49 CFR 1105.6 and from historic reporting
requirements under 49 CFR 1105.8.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: November 17, 2022.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-25544 Filed 11-22-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on November 23, 2022.
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