81 FR 57995 - Southeastern Land, LLC-Acquisition and Operation Exemption-Vaughan Railroad Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 164 (August 24, 2016)

Page Range		57995-57995
FR Document		2016-20377

Federal Register, Volume 81 Issue 164 (Wednesday, August 24, 2016)

[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Page 57995]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20377]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36055]


Southeastern Land, LLC--Acquisition and Operation Exemption--
Vaughan Railroad Company

    Southeastern Land, LLC (Southeastern), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from 
Vaughan Railroad Company (Vaughan), and to operate, approximately 14 
miles of rail line between milepost 7.5 near Belva and milepost 22.0 on 
Twentymile Creek, northeast of Vaughan, in Nicholas and Fayette 
Counties, W. Va. (the Line).
    In the verified notice, Southeastern states that Southeastern, 
Vaughan, and Vaughan's affiliates have entered into a Purchase and Sale 
Agreement (Agreement) under which Southeastern will purchase the 14-
mile rail line in addition to certain other assets. The Line is 
currently not in use and has no active customers. After consummation of 
the transaction, Southeastern intends to provide service to future 
customers on the Line or contract with a third party to provide the 
service. According to Southeastern, the Line is subject to a trackage 
rights agreement with CSX Transportation, Inc.,\1\ and a separate 
trackage rights agreement with Norfolk Southern Railway Co.\2\
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    \1\ See CSX Transp.--Trackage Rights Exemption--Vaughan R.R., FD 
32695 (ICC served May 30, 1995).
    \2\ See Consolidated Rail Corp.--Trackage Rights Exemption--
Vaughan R.R., FD 32670 (ICC served May 3, 1995).
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    According to Southeastern, the Agreement between Southeastern and 
Vaughan does not contain any provision that prohibits Southeastern from 
interchanging traffic or limits Southeastern's ability to interchange 
traffic with a third party.
    Southeastern certifies that its projected revenues upon 
consummation of the proposed transaction will not result in 
Southeastern's becoming a Class I or Class II rail carrier and states 
that its projected annual revenues will not exceed $5 million.
    This transaction may be consummated on or after September 7, 2016, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    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 August 31, 
2016 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36055 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 Rebecca S. Gohmann, General Counsel of 
Southeastern Land, LLC, 2408 Sir Barton Way, Suite 325, Lexington, KY 
40509.
    According to Southeastern, 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: August 18, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-20377 Filed 8-23-16; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices 57995

SURFACE TRANSPORTATION BOARD All filings in response to this notice Transportation, Inc.,1 and a separate
must refer to Docket No. AB 6 (Sub-No. trackage rights agreement with Norfolk
[Docket No. AB 6 (Sub-No. 467X)]
467X) and must be sent to: (1) Surface Southern Railway Co.2
BNSF Railway Company— Transportation Board, 395 E Street SW., According to Southeastern, the
Discontinuance of Trackage Rights Washington, DC 20423–0001; and (2) Agreement between Southeastern and
Exemption—in Big Stone, Swift, Karl Morell, 655 Fifteenth Street NW.,
Vaughan does not contain any provision
Chippewa, Yellow Medicine, and Suite 225, Washington, DC 20005.
that prohibits Southeastern from
Renville Counties, Minn. Replies to the petition are due on or
before September 13, 2016. interchanging traffic or limits
On August 4, 2016, BNSF Railway Persons seeking further information Southeastern’s ability to interchange
Company (BNSF) filed with the Surface concerning discontinuance procedures traffic with a third party.
Transportation Board (Board) a petition may contact the Board’s Office of Public Southeastern certifies that its
under 49 U.S.C. 10502 for exemption Assistance, Governmental Affairs, and projected revenues upon consummation
from the provisions of 49 U.S.C. 10903 Compliance at (202) 245–0238 or refer of the proposed transaction will not
to discontinue trackage rights over a to the full abandonment and result in Southeastern’s becoming a
106.7-mile line of railroad (the Line) discontinuance regulations at 49 CFR pt. Class I or Class II rail carrier and states
owned by Twin Cities & Western 1152. Questions concerning that its projected annual revenues will
Railroad Company (TC&W), between environmental issues may be directed to not exceed $5 million.
milepost 600.7 at Ortonville and the Board’s Office of Environmental
milepost 494.0 at Buffalo Lake in Big This transaction may be
Analysis at (202) 245–0305. [Assistance
Stone, Swift, Chippewa, Yellow for the hearing impaired is available consummated on or after September 7,
Medicine, and Renville Counties, through the Federal Information Relay 2016, the effective date of the exemption
Minn.1 The Line traverses U.S. Postal Service (FIRS) at 1–800–877–8339.] (30 days after the verified notice was
Service Zip Codes 57216, 56276, 56278, Board decisions and notices are filed).
56208, 56227, 56262, 56265, 56260, available on our Web site at If the verified notice contains false or
56241, 56285, 56284, 56230, 56277, WWW.STB.DOT.GOV. misleading information, the exemption
56295, 55310, 55342, and 55314.
Decided: August 18, 2016. is void ab initio. Petitions to revoke the
To BNSF’s knowledge, the Line does
not contain any federally granted rights- By the Board, Rachel D. Campbell, exemption under 49 U.S.C. 10502(d)
of-way. Any documentation in BNSF’s Director, Office of Proceedings. may be filed at any time. The filing of
possession will be made available Kenyatta Clay, a petition to revoke will not
promptly to those requesting it. Clearance Clerk. automatically stay the effectiveness of
The interest of railroad employees [FR Doc. 2016–20271 Filed 8–23–16; 8:45 am] the exemption. Petitions to stay must be
will be protected by the conditions set BILLING CODE 4915–01–P
filed no later than August 31, 2016 (at
forth in Oregon Short Line Railroad— least seven days before the exemption
Abandonment Portion Goshen Branch becomes effective).
Between Firth & Ammon, in Bingham & SURFACE TRANSPORTATION BOARD An original and 10 copies of all
Bonneville Counties, Idaho, 360 I.C.C. pleadings, referring to Docket No. FD
91 (1979). [Docket No. FD 36055] 36055 must be filed with the Surface
By issuance of this notice, the Board
is instituting an exemption proceeding Transportation Board, 395 E Street SW.,
Southeastern Land, LLC—Acquisition
pursuant to 49 U.S.C. 10502(b). A final Washington, DC 20423–0001. In
and Operation Exemption—Vaughan
decision will be issued by November 22, addition, a copy of each pleading must
Railroad Company
2016. be served on Rebecca S. Gohmann,
Because this is a discontinuance Southeastern Land, LLC General Counsel of Southeastern Land,
proceeding and not an abandonment, (Southeastern), a noncarrier, has filed a LLC, 2408 Sir Barton Way, Suite 325,
trail use/rail banking and public use verified notice of exemption under 49 Lexington, KY 40509.
conditions are not appropriate. This CFR 1150.31 to acquire from Vaughan According to Southeastern, this action
action is categorically excluded from Railroad Company (Vaughan), and to
is categorically excluded from
environmental review under 49 CFR operate, approximately 14 miles of rail
environmental review under 49 CFR
1105.6(c). line between milepost 7.5 near Belva
1105.6(c).
Any offer of financial assistance and milepost 22.0 on Twentymile Creek,
(OFA) under 49 CFR 1152.27(b)(2) to northeast of Vaughan, in Nicholas and Board decisions and notices are
subsidize continued rail service will be Fayette Counties, W. Va. (the Line). available on our Web site at
due no later than 10 days after service In the verified notice, Southeastern WWW.STB.DOT.GOV.
of a decision granting the petition for states that Southeastern, Vaughan, and Decided: August 18, 2016.
exemption. Each OFA must be Vaughan’s affiliates have entered into a
By the Board, Rachel D. Campbell,
accompanied by the filing fee, which is Purchase and Sale Agreement
Director, Office of Proceedings.
currently set at $1,600. See 49 CFR (Agreement) under which Southeastern
will purchase the 14-mile rail line in Kenyatta Clay,
1002.2(f)(25).
addition to certain other assets. The Clearance Clerk.
1 BNSF’s predecessor was granted authority to Line is currently not in use and has no [FR Doc. 2016–20377 Filed 8–23–16; 8:45 am]
mstockstill on DSK3G9T082PROD with NOTICES

acquire the trackage rights as part of the transaction active customers. After consummation BILLING CODE 4915–01–P
in Burlington Northern Railroad—Trackage Rights
Exemption—between Ortonville & Buffalo Lake,
of the transaction, Southeastern intends
Minn, FD 30191 (ICC served June 23, 1983). to provide service to future customers 1 See CSX Transp.—Trackage Rights Exemption—
According to BNSF, its trackage rights agreement on the Line or contract with a third
expired in 2008 and it has not performed any Vaughan R.R., FD 32695 (ICC served May 30, 1995).
party to provide the service. According 2 See Consolidated Rail Corp.—Trackage Rights
trackage rights operations over the Line since that
time. BNSF also states that TC&W has continued to
to Southeastern, the Line is subject to a Exemption—Vaughan R.R., FD 32670 (ICC served
provide rail service over the Line since 2008. trackage rights agreement with CSX May 3, 1995).

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Document Created: 2016-08-24 03:02:28
Document Modified: 2016-08-24 03:02:28

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 57995