81_FR_58159 81 FR 57995 - Southeastern Land, LLC-Acquisition and Operation Exemption-Vaughan Railroad Company

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 Range57995-57995
FR Document2016-20377

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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 57995 

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