[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Notices]
[Pages 54185-54186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27048]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33667]


Durbin & Greenbrier Valley Railroad--Operation Exemption--West 
Virginia Central Railroad

    Durbin & Greenbrier Valley Railroad (D&GVR), a noncarrier, has 
filed a verified notice under 49 CFR 1150.31 to operate 131.3 miles of 
rail line owned by West Virginia State Rail Authority (WVSRA), known as 
West Virginia Central Railroad (WVCR). The rail line extends from a 
junction with CSX Transportation, Inc. (CSXT), at Tygart Junction 
(milepost 0.0) to Bergoo (milepost 121.7), and includes a branch line, 
known as the Dailey Branch, extending from Elkins (milepost 0.0) to 
Dailey (milepost 9.6), located in Barbour, Randolph, Pocahontas and 
Webster Counties, WV. D&GVR will replace CSXT, which has been operating 
over a portion of the line, and will become a Class III rail 
carrier.1
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    \1\ WVRSA acquired this line from CSXT in 1997. See CSX 
Transportation, Inc.--Abandonment--In Barbour, Randolph, Pocahontas 
and Webster Counties, WV, Docket No. AB-55 (Sub-No. 500) (ICC served 
Jan. 9, 1997). CSXT currently operates over a portion of the line 
under an agreement with WVSRA which will terminate on October 2, 
1998.
    D&GVR states that the projected revenues will not exceed those 
that would qualify it as a Class III rail carrier.
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    The exemption became effective September 29, 1998. The parties 
stated that D&GVR will commence operations on the line on October 3, 
1998, or 7 days after the filing of this notice, whichever is later.
    On September 3, 1998, D&GVR enter into an operating agreement with 
WVSRA to provide freight and passenger services over the WVCR for a 
period of five years with renewal options. The agreement gives D&GVR 
the right to provide routine maintenance-of-way, rolling stock, 
personnel, and facilities to provide these services. In addition, D&GVR 
is expected to restore service over the Dailey branch, which currently 
is out-of-service, should traffic be developed for that portion of the 
line.
    If the 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33667, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925

[[Page 54186]]

K Street, N.W., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Stephen L. Day, Esq., Betts, Patterson & 
Mines, P.S., 1215 Fourth Avenue, Suite 800, Seattle, WA 98161-1090.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: October 1, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-27048 Filed 10-7-98; 8:45 am]
BILLING CODE 4915-00-P