Railroad Forums
On May 18, 2007, Suffolk & Southern Rail Road LLC (Suffolk), a noncarrier, filed a verified notice of exemption under 49 CFR 1150.31 to lease from Sills Road Realty, LLC (Sills), a noncarrier, approximately 11,000 feet of track that Suffolk states Sills is currently constructing in Yaphank, Suffolk County, NY, and to operate over it.[1] Suffolk’s notice stated that as a result of this transaction it would provide common carrier freight service to all potential customers and use the track and related facilities to handle up to 500,000 tons of construction aggregate per year.But then, of course, the usual shenanigans begin:
On June 15, 2007, Suffolk filed a letter with the Board, stating that it has decided to withdraw its notice of exemption due to a “change in circumstances.” Suffolk did not provide the supplemental information required by the June 1 decision. Nor did Suffolk provide the Board with a substantive reason for its attempted withdrawal.So, is the S & S dead? We may or may not find out on 23 August:
Suffolk is directed to file, by August 23, 2007, the information required by the June 1 decision. In addition, under the circumstances here, Suffolk must provide a substantive reason for its attempted withdrawal and explain in more detail whether it or Sills anticipates that for-hire service will be provided over the trackage being constructed.With the STB themselves putting “change in circumstances.” in quotes, sounds like even they are buying this bullcrap anymore...