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)

[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