|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|SWANSON RAIL TRANSFER LP-OPERATION EXEMPTION-OLIVER INVESTORS|
|Director Of Proceedings|
|DECISION REJECTED THE AMENDED NOTICE OF EXEMPTION IN THIS PROCEEDING.|
| 9 KB|
|Approximate download time at 28.8 kb: 19 Seconds|
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|Full Text of Decision|
40911 SERVICE DATE – LATE RELEASE JULY 7, 2010
SURFACE TRANSPORTATION BOARD
Docket No. FD 35376
SWANSON Rail Transfer LP—Operation Exemption—Olive Investors
Decided: July 7, 2010
On May 12, 2010, Swanson Rail Transfer LP (Swanson), a noncarrier, filed a notice of exemption under 49 C.F.R. § 1150.31 to operate over approximately 1,805 feet of track located in the City of Philadelphia, Pa. In the notice of exemption, Swanson stated that its affiliate, Olive Investors (Olive), was the current owner of the track, that Olive had purchased the track from Consolidated Rail Corporation (Conrail), and that Olive has now leased the track to Swanson. The notice of exemption was, however, deficient because: (1) it raised too many unanswered questions, and (2) it failed to satisfy the Board’s rules because it is incomplete; accordingly, the Board rejected the notice. Swanson Rail Transfer LP—Operation Exemption—Olive Investors, FD 35376 (STB served May 28, 2010).
In rejecting the notice, the May 2010 decision stated that it
did “not preclude Swanson from filing a new notice of exemption that provides
clear and adequate information and meets the relevant criteria, or from filing
a petition for exemption or a full application if the authority it seeks will
raise controversial or complex issues.”
Moreover, the amended notice does not address all of the
Board’s concerns and raises some new questions.
Swanson’s purported amendment states that BDB Corporation (BDB), not
Olive, purchased the line at issue from Conrail. But Swanson does not provide evidence that
BDB obtained Board authority to acquire the track at issue, which it
characterizes as ancillary spur or industrial track under 49 U.S.C. §
10906. While, generally, no license is
required to acquire § 10906 track, when that track will be the entity’s only
line of railroad, as is the case here, a license is required. Effingham R.R.–Petition for Declaratory Order–Constr. at
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The amended notice of exemption is rejected.
2. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.