81 FR 18682 - 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-Acquisition Exemption-Finger Lakes Railway Corp.

SURFACE TRANSPORTATION BOARD

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

Page Range		18682-18683
FR Document		2016-07293
Federal Register, Volume 81 Issue 62 (Thursday, March 31, 2016)
[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Notices]
[Pages 18682-18683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07293]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36011]


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--Acquisition Exemption--Finger Lakes 
Railway Corp.

    Cayuga County Industrial Development Agency, Onondaga County 
Industrial Development Agency,\1\ Ontario County Industrial Development 
Agency, Schuyler County Industrial Development Agency, and Yates County 
Industrial Development Agency (collectively, Agencies) have filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire by lease 
approximately 86.45 miles of rail lines from Finger Lakes Railway Corp. 
(FGLK), located in New York, as follows: \2\ (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.
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    \1\ According to the notice, Onondaga County Industrial 
Development Agency (OCIDA) is a non-operating carrier that owns 
other rail lines not involved in this transaction and the New York 
Susquehanna & Western Railway Corp. currently provides service over 
these other rail lines. See Onondaga Cty. Indus. Dev. Agency--
Acquis. and Operation Exemption--Line of Consolidated Rail Corp., FD 
32287 (ICC served July 7, 1994) and New York Susquehanna & W. Ry.--
Trackage Rights Exemption--Onondaga Cty. Indus. Dev. Agency, FD 
32772 (STB served Aug. 7, 2001).
    \2\ The Agencies and FGLK 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 36012, as described further below. A 
separate notice will be published for each exemption. Further, 
because OCIDA is a rail carrier, the notice of exemption in this 
docket will be treated as request for an exemption from 49 U.S.C. 
10902 under the regulations at 49 CFR 1150.41 with regard to OCIDA 
and as a request for an exemption from 49 U.S.C. 10901 under 49 CFR 
1150.31 for the four noncarrier Agencies.
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    According to the Agencies, 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. The Agencies state 
that FGLK originally acquired the rail lines in 1995 and transferred 
the title to the Agencies and then leased back the rail lines for 
purposes of the PILOT arrangement. The Agencies state that to extend 
and restructure the PILOT arrangement, they will first transfer title 
to the rail lines to FGLK.\3\ Next, the Agencies will lease the rail 
lines from FGLK--the transaction at issue in this docket. Lastly, FGLK 
will sublease the rail lines back from the Agencies to continue 
operations, including all common carrier service and maintenance of the 
tracks.\4\
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    \3\ FGLK filed a verified notice of exemption to acquire the 
rail lines in Finger Lakes Railway Corp.--Acquis. and Operation 
Exemption--Cayuga County Industrial Development Agency, et al., FD 
36012.
    \4\ 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.
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    The Agencies state that they will not hold themselves out to 
provide any rail service, and are not acquiring any of the common 
carrier obligations with respect to the rail lines.\5\ Under the terms 
of the lease from FGLK to the Agencies and the amended and restated 
lease from the Agencies to FGLK, the Agencies

[[Page 18683]]

maintain that FGLK will continue to be the sole provider of railroad 
services and will have the rights necessary to operate those services. 
The Agencies state that they are not leasing or acquiring any of the 
common carrier obligations with respect to the rail lines. The Agencies 
further state that they will be precluded from interfering materially 
with FGLK's common carrier obligation.
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    \5\ 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.
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    The Agencies certify that they would not operate over the rail 
lines and that the transaction will not result in the creation of a 
Class I or Class II carrier. The Agencies further state that FGLK is a 
Class III carrier.
    The Agencies state 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.
    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 36011, 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 Agencies, 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 H. Dettmar, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-07293 Filed 3-30-16; 8:45 am]
BILLING CODE 4915-01-P
18682 Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices

Division, Rockhouse Subdivision, representative: Louis E. Gitomer, Law at or near Watkins Glen, in Schuyler
Engineering Appalachian Division, also Offices of Louis E. Gitomer, LLC, 600 and Yates Counties, a distance of 24.8
known as the Montgomery Creek Baltimore Avenue, Suite 301, Towson, miles; (2) Canandaigua Secondary,
Branch, between milepost 0VL 254.6 MD 21204. located between milepost 76.00 at or
and milepost 0VL 255.39 in Perry If the verified notice contains false or near Canandaigua and milepost 51.30 at
County, Ky. (the Line). The Line misleading information, the exemption or near Geneva, in Ontario County, a
traverses United States Postal Service is void ab initio. distance of 24.70 miles; (3) Auburn
Zip Code 41773 and is served by the Board decisions and notices are Secondary, located between milepost
station at Charlene at milepost 0VL available on our Web site at 37.56 at the Seneca/Cayuga County line
256.0 (FSAC 42886/OPSL 17352).1 ‘‘WWW.STB.DOT.GOV.’’ and milepost 3.61 at or near Solvay
CSXT has certified that: (1) No local Decided: March 24, 2016. Yard, in Cayuga County, a distance of
traffic has moved over the Line for at By the Board, Joseph H. Dettmar, Acting 33.95 miles; (4) Geneva Running Track,
least two years; (2) because the Line is Director, Office of Proceedings. located between milepost 344.40 at or
not a through route, no overhead traffic Kenyatta Clay, near Geneva and milepost 342.8 at the
has operated, and, therefore, none needs Clearance Clerk. Ontario/Seneca County line, in Ontario
to be rerouted over other lines; (3) no County, a distance of 1.6 miles; (5)
[FR Doc. 2016–07290 Filed 3–30–16; 8:45 am]
formal complaint filed by a user of rail Lehigh & Northern Industrial Track,
BILLING CODE 4915–01–P
service on the Line (or by a state or local located between milepost 349.20 and
government entity acting on behalf of milepost 348.70 at or near Auburn, in
such user) regarding cessation of service SURFACE TRANSPORTATION BOARD Cayuga County, a distance of 0.90 miles;
over the Line is pending either with the and (6) Auburn & Ithaca Industrial
Surface Transportation Board (Board) or [Docket No. FD 36011] Track, located between milepost 349.20
with any U.S. District Court or has been and milepost 348.70 at or near Auburn,
decided in favor of complainant within Cayuga County Industrial Development
Agency, Onondaga County Industrial in Cayuga County, a distance of 0.50
the two-year period; and (4) the miles.
requirements at 49 CFR 1105.12 Development Agency, Ontario County
Industrial Development Agency, According to the Agencies, the
(newspaper publication) and 49 CFR acquisition of the rail lines is part of a
1152.50(d)(1) (notice to governmental Schuyler County Industrial
Development Agency, and Yates series of proposed transactions that will
agencies) have been met. allow FGLK to continue to pay a
As a condition to this exemption, any County Industrial Development
Agency—Acquisition Exemption— negotiated ‘‘payment in lieu of taxes’’
employee adversely affected by the (PILOT), rather than be subject to local
discontinuance of service shall be Finger Lakes Railway Corp.
and state taxes. The Agencies state that
protected under Oregon Short Line Cayuga County Industrial FGLK originally acquired the rail lines
Railroad—Abandonment Portion Development Agency, Onondaga County in 1995 and transferred the title to the
Goshen Branch Between Firth & Industrial Development Agency,1 Agencies and then leased back the rail
Ammon, in Bingham & Bonneville Ontario County Industrial Development lines for purposes of the PILOT
Counties, Idaho, 360 I.C.C. 91 (1979). To Agency, Schuyler County Industrial arrangement. The Agencies state that to
address whether this condition Development Agency, and Yates County extend and restructure the PILOT
adequately protects affected employees, Industrial Development Agency arrangement, they will first transfer title
a petition for partial revocation under (collectively, Agencies) have filed a to the rail lines to FGLK.3 Next, the
49 U.S.C. 10502(d) must be filed. verified notice of exemption under 49 Agencies will lease the rail lines from
Provided no formal expression of CFR 1150.31 to acquire by lease
intent to file an offer of financial FGLK—the transaction at issue in this
approximately 86.45 miles of rail lines docket. Lastly, FGLK will sublease the
assistance (OFA) to subsidize continued from Finger Lakes Railway Corp.
rail service has been received, this rail lines back from the Agencies to
(FGLK), located in New York, as continue operations, including all
exemption will be effective on April 30, follows: 2 (1) Watkins Glen Industrial
2016, unless stayed pending common carrier service and
Track, located between milepost 41.35 maintenance of the tracks.4
reconsideration. Petitions to stay that do at or near Penn Yan and milepost 16.55 The Agencies state that they will not
not involve environmental issues and
formal expressions of intent to file an hold themselves out to provide any rail
1 According to the notice, Onondaga County
OFA to subsidize continued rail service service, and are not acquiring any of the
Industrial Development Agency (OCIDA) is a non-
under 49 CFR 1152.27(c)(2) 2 must be operating carrier that owns other rail lines not
common carrier obligations with respect
filed by April 8, 2016.3 Petitions to involved in this transaction and the New York to the rail lines.5 Under the terms of the
reopen must be filed by April 20, 2016, Susquehanna & Western Railway Corp. currently lease from FGLK to the Agencies and
provides service over these other rail lines. See the amended and restated lease from the
with the Surface Transportation Board, Onondaga Cty. Indus. Dev. Agency—Acquis. and
395 E Street SW., Washington, DC Operation Exemption—Line of Consolidated Rail
Agencies to FGLK, the Agencies
20423–0001. Corp., FD 32287 (ICC served July 7, 1994) and New
3 FGLK filed a verified notice of exemption to
A copy of any petition filed with the York Susquehanna & W. Ry.—Trackage Rights
Exemption—Onondaga Cty. Indus. Dev. Agency, FD acquire the rail lines in Finger Lakes Railway
Board should be sent to CSXT’s 32772 (STB served Aug. 7, 2001). Corp.—Acquis. and Operation Exemption—Cayuga
2 The Agencies and FGLK jointly filed one notice County Industrial Development Agency, et al., FD
1 CSXT states that the station is not located on the
for two related transactions under 49 CFR 1150.31 36012.
Line. and 1150.41, one in this docket and one in Docket 4 FGLK and the Agencies requested authority for
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2 Each OFA must be accompanied by the filing No. FD 36012, as described further below. A all three transactions but did not file a separate
fee, which is currently set at $1,600. See 49 CFR separate notice will be published for each docket or filing fee for the sublease. This notice,
1002.2(f)(25). exemption. Further, because OCIDA is a rail carrier, therefore, does not address that transaction.
3 Because this is a discontinue proceeding and the notice of exemption in this docket will be 5 A motion to dismiss the notice of exemption on

not an abandonment, interim trail use/rail banking treated as request for an exemption from 49 U.S.C. grounds that the transaction does not require
and public use conditions are not appropriate. 10902 under the regulations at 49 CFR 1150.41 with authorization from the Board was concurrently filed
Because there will be an environmental review regard to OCIDA and as a request for an exemption with this notice of exemption. The motion to
during abandonment, this discontinuance does not from 49 U.S.C. 10901 under 49 CFR 1150.31 for the dismiss will be addressed in a subsequent Board
require an environmental review. four noncarrier Agencies. decision.

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Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices 18683

maintain that FGLK will continue to be DEPARTMENT OF TRANSPORTATION information, it must provide 30 days for
the sole provider of railroad services public comment. 44 U.S.C. 3507(b); 5
and will have the rights necessary to Federal Railroad Administration CFR 1320.12(d). Federal law requires
operate those services. The Agencies [Docket No. FRA–2016–0002–N–9] OMB to approve or disapprove
state that they are not leasing or paperwork packages between 30 and 60
acquiring any of the common carrier Proposed Agency Information days after the 30 day notice is
obligations with respect to the rail lines. Collection Activities; Comment published. 44 U.S.C. 3507 (b)–(c); 5 CFR
The Agencies further state that they will Request 1320.12(d); see also 60 FR 44978, 44983,
be precluded from interfering materially Aug. 29, 1995. OMB believes that the 30
AGENCY: Federal Railroad day notice informs the regulated
with FGLK’s common carrier obligation. Administration (FRA), Department of community to file relevant comments
The Agencies certify that they would Transportation (DOT). and affords the agency adequate time to
not operate over the rail lines and that ACTION: Notice and request for digest public comments before it
the transaction will not result in the comments. renders a decision. 60 FR 44983, Aug.
creation of a Class I or Class II carrier. 29, 1995. Therefore, respondents should
The Agencies further state that FGLK is SUMMARY: In compliance with the submit their respective comments to
a Class III carrier. Paperwork Reduction Act of 1995, this OMB within 30 days of publication to
notice announces that the renewal best ensure having their full effect. 5
The Agencies state that the parties Information Collection Requests (ICRs)
intend to consummate the transaction CFR 1320.12(c); see also 60 FR 44983,
abstracted below are being forwarded to Aug. 29, 1995.
no sooner than April 14, 2016, the the Office of Management and Budget
effective date of the exemption (30 days The summaries below describe the
(OMB) for review and comment. The nature of the information collection
after the verified notice was filed), and ICRs describe the nature of the
only after the Board has ruled on the requests (ICRs) and their expected
information collections and their burdens. The renewal requests are being
motion to dismiss. expected burden. The Federal Register submitted for clearance by OMB as
If the verified notice contains false or notice with a 60-day comment period required by the PRA.
misleading information, the exemption soliciting comments on the following Title: System for Telephonic
is void ab initio. Petitions to revoke the collections of information was Notification of Unsafe Conditions at
exemption under 49 U.S.C. 10502(d) published on December 29, 2015. Highway-Rail and Pathway Grade
may be filed at any time. The filing of DATES: Comments must be submitted on Crossings.
a petition to revoke will not or before May 2, 2016. OMB Control Number: 2130–0591.
automatically stay the effectiveness of FOR FURTHER INFORMATION CONTACT: Mr. Abstract: The collection of
the exemption. Petitions to stay must be Robert Brogan, Information Collection information is set forth under 49 CFR
filed no later than April 7, 2016 (at least Clearance Officer, Office of Safety, part 234. The rule is intended
seven days before the exemption Safety Regulatory Analysis Division, specifically to help implement Section
becomes effective). RRS–21, Federal Railroad 205 of the Rail Safety Improvement Act
Administration, 1200 New Jersey Ave. of 2008 (RSIA), Public Law 110–432,
An original and ten copies of all
SE., Mail Stop 25, Washington, DC Division A, which was enacted on
pleadings, referring to Docket No. FD
20590 (Telephone: (202) 493–6292), or October 16, 2008. Generally, the rule is
36011, must be filed with the Surface Ms. Kimberly Toone, Information intended to increase safety at highway-
Transportation Board, 395 E Street SW., Collection Clearance Officer, Office of rail and pathway grade crossings.
Washington, DC 20423–0001. In Administration, Office of Information Section 205 of the RSIA mandates that
addition, a copy of each pleading must Technology, RAD–20, Federal Railroad the Secretary of Transportation require
be served on Eric M. Hocky, Clark Hill Administration, 1200 New Jersey Ave. certain railroad carriers to take a series
PLC, 2005 Market Street, Suite 1000, SE., Mail Stop 35, Washington, DC of specified actions related to setting up
Philadelphia, PA 19103. 20590 (Telephone: (202) 493–6132). and using systems by which the public
According to the Agencies, this action (These telephone numbers are not toll- is able to notify the railroad by toll-free
is categorically excluded from free.) telephone number of safety problems at
environmental review under 49 CFR SUPPLEMENTARY INFORMATION: The its highway-rail and pathway grade
1105.6(c). Paperwork Reduction Act of 1995 crossings. Such systems are commonly
(PRA), Public Law 104–13, sec. 2, 109 known as Emergency Notification
Board decisions and notices are
Stat. 163 (1995) (codified as revised at Systems (ENS) or ENS programs. 49 CFR
available on our Web site at
44 U.S.C. 3501–3520), and its part 234 implements section 2015 of the
www.stb.dot.gov.
implementing regulations, 5 CFR part RSIA. The information collected is used
Decided: March 28, 2016. 1320, require Federal agencies to issue by FRA to ensure that railroad carriers
By the Board, Joseph H. Dettmar, Acting two notices seeking public comment on establish and maintain a toll-free
Director, Office of Proceedings. information collection activities before telephone service to report emergencies
Kenyatta Clay, OMB may approve paperwork packages. at all public, private, and pedestrian
Clearance Clerk. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, grade crossings for rights-of-way over
1320.8(d)(1), and 1320.12. On December which they dispatch trains.
[FR Doc. 2016–07293 Filed 3–30–16; 8:45 am]
Type of Request: Extension with
mstockstill on DSK4VPTVN1PROD with NOTICES

29, 2015, FRA published a 60-day notice
BILLING CODE 4915–01–P
in the Federal Register soliciting change of a currently approved
comment on ICRs that the agency is information collection.
seeking OMB approval. See 80 FR Affected Public: Businesses
81423. FRA received no comments in (Railroads).
response to this notice. Form(s): N/A.
Before OMB decides whether to Total Annual Estimated Responses:
approve these proposed collections of 331,072.

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Document Created: 2016-03-31 00:55:33
Document Modified: 2016-03-31 00:55:33
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 18682