| SURFACE TRANSPORTATION BOARD DECISION DOCUMENT | |||
| Decision Information | |||
Docket Number:   | FD_35574_0 | ||
Case Title:   | SWAN RANCH RAILROAD, L.L.C.-OPERATION EXEMPTION-SEAN INDUSTRIAL PARK | ||
Decision Type:   | Notice Of Exemption | ||
Deciding Body:   | Director Of Proceedings | ||
| Decision Summary | |||
Decision Notes:   | PROVIDED NOTICE THAT SWAN RANCH RAILROAD, L.L.C. FILED A NOTICE OF EXEMPTION TO OPERATE, PURSUANT TO AN ARGREEMENT WITH CHEYENNE LOGISTICS HUB, LLC, ALL THE TRACK LOCATED WITHIN THE SWAN INDUSTRIAL PARK, IN CHEYENNE, WYO. | ||
| Decision Attachments | |||
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| Approximate download time at 28.8 kb: 37 Seconds | |||
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| Full Text of Decision | |||
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42053 SERVICE DATE –
DECEMBER 14, 2011 DO FR-4915-01-P DEPARTMENT OF
TRANSPORTATION Surface Transportation
Board [Docket No. FD 35574] Swan Ranch Railroad,
L.L.C.–Operation Exemption–Swan Industrial Park Swan Ranch Railroad, L.L.C. (SRR),[1] a noncarrier,
has filed a verified notice of exemption under 49 C.F.R. § 1150.31 to operate,
pursuant to an agreement with Cheyenne Logistics Hub, LLC (CLH), all the track
located within the Swan Industrial Park, in Cheyenne, Wyo. The track over which SRR will operate is
approximately 17,192 feet long and includes Track Numbers 101, 105, and 109.[2] This
transaction is related to a concurrently filed verified notice of exemption in Docket
No. FD 35575, Watco Holdings, Inc.−Continuance
in Control Exemption−Swan Ranch Railroad, L.L.C., wherein Watco seeks Board approval to continue in control of SRR, upon
SRR’s becoming a Class III rail carrier. Applicant
states that the agreement between SRR and CLH does not contain any provision
that prohibits SRR from interchanging traffic with a third party or limits
SRR’s ability to interchange with a third party. The
transaction may be consummated on or after December 28, 2011 (30 days after the
notice of exemption was filed). SRR
certifies that its projected annual revenues as a result of the transaction will
not result in SRR’s becoming a Class II or Class I rail carrier and will not
exceed $5 million. 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 by December 21, 2011 (at least 7 days before the exemption becomes
effective). An
original and 10 copies of all pleadings, referring to Docket No.
FD 35574, must be filed with the Surface
Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001.
In addition, a copy of each pleading must be served on Karl Morell, Of Counsel, Ball Janik
LLP, Suite 225, 655 Fifteenth Street, N.W., Washington,
DC 20005. Board decisions and notices are available on our website
at “WWW.STB.DOT.GOV.” Decided: December 9, 2011. By the Board, Rachel
D. Campbell, Director, Office of Proceedings. | |||