81 FR 18681 - Finger Lakes Railway Corp.-Acquisition and Operation Exemption-Cayuga County Industrial Development Agency, Onondaga County Industrial Development Agency, Ontario County Industrial Development Agency, Schuyler County Industrial Development Agency, and Yates County Industrial Development Agency

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 62 (March 31, 2016)

Page Range		18681-18681
FR Document		2016-07320

Federal Register, Volume 81 Issue 62 (Thursday, March 31, 2016)

[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Notices]
[Page 18681]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07320]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36012]


Finger Lakes Railway Corp.--Acquisition and Operation Exemption--
Cayuga County Industrial Development Agency, Onondaga County Industrial 
Development Agency, Ontario County Industrial Development Agency, 
Schuyler County Industrial Development Agency, and Yates 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 Cayuga County Industrial Development Agency, Onondaga County 
Industrial Development Agency, Ontario County Industrial Development 
Agency, Schuyler County Industrial Development Agency, and Yates County 
Industrial Development Agency (collectively, Agencies), and operate, 
approximately 86.45 miles of rail lines located in New York, as 
follows: \1\ (1) Watkins Glen Industrial Track, located between 
milepost 41.35 at or near Penn Yan and milepost 16.55 at or near 
Watkins Glen, in Schuyler and Yates Counties, a distance of 24.8 miles; 
(2) Canandaigua Secondary, located between milepost 76.00 at or near 
Canandaigua and milepost 51.30 at or near Geneva, in Ontario County, a 
distance of 24.70 miles; (3) Auburn Secondary, located between milepost 
37.56 at the Seneca/Cayuga County line and milepost 3.61 at or near 
Solvay Yard, in Cayuga County, a distance of 33.95 miles; (4) Geneva 
Running Track, located between milepost 344.40 at or near Geneva and 
milepost 342.8 at the Ontario/Seneca County line, in Ontario County, a 
distance of 1.6 miles; (5) Lehigh & Northern Industrial Track, located 
between milepost 349.20 and milepost 348.70 at or near Auburn, in 
Cayuga County, a distance of 0.90 miles; and (6) Auburn & Ithaca 
Industrial Track, located between milepost 349.20 and milepost 348.70 
at or near Auburn, in Cayuga County, a distance of 0.50 miles. The 
Agencies and FGLK state that the Agencies currently own the rail lines 
but FGLK is responsible for all railroad operations over the rail 
lines.
---------------------------------------------------------------------------

    \1\ FGLK and the Agencies jointly filed one notice for two 
related transactions under 49 CFR 1150.31 and 1150.41, one in this 
docket and one in Docket No. FD 36011, as described further below. A 
separate notice will be published for each exemption.
---------------------------------------------------------------------------

    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) rather than be 
subject to local and state taxes. FGLK states that it originally 
acquired the rail lines in 1995 and transferred title to the Agencies 
and then leased back the rail lines for purposes of the PILOT 
arrangement. FGLK states that to extend and restructure the PILOT 
arrangement, the Agencies will first transfer title to the rail lines 
to FGLK. This notice relates to that transaction. Then the Agencies 
will lease the rail lines from FGLK.\2\ Lastly, FGLK will sublease the 
rail lines back from the Agencies to continue operations over them, 
including all common carrier service and maintenance of the tracks.\3\
---------------------------------------------------------------------------

    \2\ The Agencies filed a verified notice of exemption to acquire 
the rail lines by lease, in Cayuga County Industrial Development 
Agency, et al.--Acquisition Exemption--Finger Lakes Railway Corp., 
FD 36011. The Agencies also filed a motion to dismiss that notice of 
exemption on grounds that the transaction does not require 
authorization from the Board.
    \3\ FGLK and the Agencies requested authority for all three 
transactions but did not file a separate docket or filing fee for 
the sublease. This notice, therefore, does not address that 
transaction.
---------------------------------------------------------------------------

    FGLK certifies that proposed transaction does not include an 
interchange commitment.
    FGLK states 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.
    FGLK states that the parties intend to consummate the transaction 
no sooner than April 14, 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 36011. 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 April 7, 2016 
(at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 36012, 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: March 28, 2016.

    By the Board, Joseph Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016-07320 Filed 3-30-16; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices 18681

0174 is needed to improve data and milepost 3.61 at or near Solvay notice requirement, asserting that there
gathering and to clarify interpretation of Yard, in Cayuga County, a distance of will be no changes for employees
candidate responses. 33.95 miles; (4) Geneva Running Track, working on the rail lines because FGLK
located between milepost 344.40 at or already operates the rail lines and will
Methodology
near Geneva and milepost 342.8 at the continue to be the sole common carrier
Candidates for employment use the Ontario/Seneca County line, in Ontario operator of the rail lines. FGLK’s waiver
DS–0174 to apply for Mission- County, a distance of 1.6 miles; (5) request will be addressed in a separate
advertised positions throughout the Lehigh & Northern Industrial Track, decision.
world. Mission recruitments generate located between milepost 349.20 and FGLK states that the parties intend to
approximately 40,000 applications per milepost 348.70 at or near Auburn, in consummate the transaction no sooner
year. Data that HR and hiring officials Cayuga County, a distance of 0.90 miles; than April 14, 2016, the effective date of
extract from the DS–0174 determines and (6) Auburn & Ithaca Industrial the exemption (30 days after the verified
eligibility for employment, Track, located between milepost 349.20 notice was filed), and only after the
qualifications for the position, and and milepost 348.70 at or near Auburn, Board has ruled on the motion to
selections according to Federal policies. in Cayuga County, a distance of 0.50 dismiss in Docket No. FD 36011. The
Dated: March 25, 2016. miles. The Agencies and FGLK state that Board will establish in the decision on
William E. Schaal, the Agencies currently own the rail the waiver request the earliest date this
Director, Department of State.
lines but FGLK is responsible for all transaction can be consummated.
railroad operations over the rail lines. If the verified notice contains false or
[FR Doc. 2016–07311 Filed 3–30–16; 8:45 am]
According to FGLK, the acquisition of misleading information, the exemption
BILLING CODE 4710–15–P
the rail lines is part of a series of is void ab initio. Petitions to revoke the
proposed transactions that will allow exemption under 49 U.S.C. 10502(d)
FGLK to continue to pay a negotiated may be filed at any time. The filing of
SURFACE TRANSPORTATION BOARD ‘‘payment in lieu of taxes’’ (PILOT) a petition to revoke will not
[Docket No. FD 36012] rather than be subject to local and state automatically stay the effectiveness of
taxes. FGLK states that it originally the exemption. Petitions to stay must be
Finger Lakes Railway Corp.— acquired the rail lines in 1995 and filed no later than April 7, 2016 (at least
Acquisition and Operation transferred title to the Agencies and seven days before the exemption
Exemption—Cayuga County Industrial then leased back the rail lines for becomes effective).
Development Agency, Onondaga purposes of the PILOT arrangement. An original and ten copies of all
County Industrial Development FGLK states that to extend and pleadings, referring to Docket No. FD
Agency, Ontario County Industrial restructure the PILOT arrangement, the 36012, must be filed with the Surface
Development Agency, Schuyler County Agencies will first transfer title to the Transportation Board, 395 E Street SW.,
Industrial Development Agency, and rail lines to FGLK. This notice relates to Washington, DC 20423–0001. In
Yates County Industrial Development that transaction. Then the Agencies will addition, a copy of each pleading must
Agency lease the rail lines from FGLK.2 Lastly, be served on Eric M. Hocky, Clark Hill
FGLK will sublease the rail lines back PLC, 2005 Market Street, Suite 1000,
Finger Lakes Railway Corp. (FGLK), a from the Agencies to continue
Class III rail carrier, has filed a verified Philadelphia, PA 19103.
operations over them, including all According to FGLK, this action is
notice of exemption under 49 CFR common carrier service and categorically excluded from
1150.41 to acquire from Cayuga County maintenance of the tracks.3 environmental review under 49 CFR
Industrial Development Agency, FGLK certifies that proposed 1105.6(c).
Onondaga County Industrial transaction does not include an Board decisions and notices are
Development Agency, Ontario County interchange commitment. available on our Web site at
Industrial Development Agency, FGLK states that its projected ‘‘WWW.STB.DOT.GOV.’’
Schuyler County Industrial revenues as a result of this transaction
Development Agency, and Yates County would exceed $5 million. Accordingly, Decided: March 28, 2016.
Industrial Development Agency under 49 CFR 1150.42(e), FGLK is By the Board, Joseph Dettmar, Acting
(collectively, Agencies), and operate, required, at least 60 days before this Director, Office of Proceedings.
approximately 86.45 miles of rail lines exemption is to become effective, to Jeffrey Herzig,
located in New York, as follows: 1 (1) send notice of the transaction to the Clearance Clerk.
Watkins Glen Industrial Track, located national offices of the labor unions with [FR Doc. 2016–07320 Filed 3–30–16; 8:45 am]
between milepost 41.35 at or near Penn employees on the affected lines, post a BILLING CODE 4915–01–P
Yan and milepost 16.55 at or near copy of the notice at the workplace of
Watkins Glen, in Schuyler and Yates the employees on the affected lines, and
Counties, a distance of 24.8 miles; (2) certify to the Board that it has done so. SURFACE TRANSPORTATION BOARD
Canandaigua Secondary, located FGLK, however, has filed a petition for
between milepost 76.00 at or near [Docket No. AB 55 (Sub-No. 755X)]
waiver of this 60-day advance labor
Canandaigua and milepost 51.30 at or CSX Transportation, Inc.—
near Geneva, in Ontario County, a 2 The Agencies filed a verified notice of
Discontinuance of Service
distance of 24.70 miles; (3) Auburn exemption to acquire the rail lines by lease, in
Cayuga County Industrial Development Agency, et Exemption—in Perry County, KY.
mstockstill on DSK4VPTVN1PROD with NOTICES

Secondary, located between milepost al.—Acquisition Exemption—Finger Lakes Railway
37.56 at the Seneca/Cayuga County line Corp., FD 36011. The Agencies also filed a motion CSX Transportation, Inc. (CSXT), filed
to dismiss that notice of exemption on grounds that a verified notice of exemption under 49
1 FGLK and the Agencies jointly filed one notice the transaction does not require authorization from CFR part 1152 subpart F—Exempt
for two related transactions under 49 CFR 1150.31 the Board. Abandonments and Discontinuances of
and 1150.41, one in this docket and one in Docket 3 FGLK and the Agencies requested authority for

No. FD 36011, as described further below. A all three transactions but did not file a separate
Service to discontinue service over an
separate notice will be published for each docket or filing fee for the sublease. This notice, approximately 0.79-mile rail line on
exemption. therefore, does not address that transaction. CSXT’s Southern Region, Huntington

VerDate Sep<11>2014 19:09 Mar 30, 2016 Jkt 238001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1

Document Created: 2016-03-31 00:55:24
Document Modified: 2016-03-31 00:55:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 18681