SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_36217_0

Case Title:  
SAN PEDRO VALLEY RAILROAD, LLC – OPERATION EXEMPTION -- SAN PEDRO VALLEY HOLDINGS, LLC IN COCHISE COUNTY, ARIZ.

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT SAN PEDRO VALLEY RAILROAD, LLC FILED A NOTICE OF EXEMPTION TO OPERATE TWO RAIL LINES BEING ACQUIRED BY SAN PEDRO VALLEY HOLDINGS, LLC IN COCHISE COUNTY.

    Decision Attachments

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    Full Text of Decision

36021

46640 SERVICE DATE – SEPTEMBER 28, 2018

DO

FR-4915-01-P

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36217]

San Pedro Valley Railroad, LLC—Operation Exemption—San Pedro Valley Holdings, LLC in Cochise County, Ariz.

SAN PEDRO VALLEY RAILROAD, LLC (SPVR), a noncarrier, has filed a verified notice of exemption under 49 C.F.R. 1150.31 to operate two rail lines being acquired by San Pedro Valley Holdings, LLC: (1) from point of connection to Union Pacific Railroad (UP) at milepost 1033.25 at or near Benson, to milepost 1040.15 at or near St. David, a distance of 6.9 miles in Cochise County, Ariz.; and (2) from point of connection to UP at milepost 1074 at or near Wilcox, to all tracks at Wilcox Yard, a total of 8,281 feet or 1.57 miles, in Cochise County (collectively, the Lines). The Lines total approximately 8.47 miles.

This transaction is related to a concurrently filed verified notice of exemption in Gregory B. Cundiff—Continuance in Control Exemption—San Pedro Valley Railroad, LLC in Cochise County, Ariz., Docket No. FD 36219, in which Ironhorse Resources, Inc., seeks Board approval to continue in control of SPVR upon SPVR’s becoming a Class III rail carrier.

SPVR certifies that, as a result of the proposed transaction, its projected annual revenues will not result in its becoming a Class I or Class II rail carrier and will not exceed $5 million. SPVR also certifies that the proposed transaction does not involve any interchange commitments as defined in 49 C.F.R.  1150.43(h).

The earliest this transaction may be consummated is October 17, 2018, the effective date of the exemption (30 days after the verified notice was filed).[1] SPVR states that it intends to consummate the transaction no sooner than 30 days after the filing of this notice of exemption.

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 by October 10, 2018 (at least seven days before the exemption becomes effective).

An original and 10 copies of all pleadings, referring to Docket No. FD 36217, 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 SPVR’s counsel, Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1666, Chicago, IL 60604-1228.

According to SPVR, no environmental or historic documentation or report is required pursuant to 49 C.F.R. 1105.6(c) and 1105.8(b).

Board decisions and notices are available on our website at www.stb.gov.

Decided: September 25, 2018.

By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.



[1] SPVR filed its verified notice of exemption on August 30, 2018. On September 17, 2018, however, SPVR supplemented its verified notice to clarify references to Docket No. FD 36219. Therefore, September 17, 2018, is deemed the verified notice’s filing date.