[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62240-62241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21623]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36010]


Wheeling & Lake Erie Railway Company--Operation Exemption--Valley 
Line in Harrison and Jefferson Counties, Ohio

    Wheeling & Lake Erie Railway Company (W&LE) a Class II rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.31 
\1\ to operate approximately 14.6 miles of trackage in Harrison and 
Jefferson Counties, Ohio consisting of two segments: (a) Between 
milepost 188.5 and milepost 189.1 near Unionvale and (b) between 
milepost 191.5 near Adena and milepost 205.54 near Warrenton. Both 
segments are part of a previously abandoned rail line known as the 
Valley Line.
---------------------------------------------------------------------------

    \1\ W&LE states that, where an existing Class II carrier seeks 
to resume operations on a previously abandoned line, the transaction 
is appropriately considered under the expedited notice of exemption 
procedures of 49 CFR 1150.32-34 so long as the anticipated revenues 
of the subject rail line itself do not exceed those of a Class III 
rail carrier. See Buffalo & Pittsburgh R.R.--Operation Exemption--
Lucerne Branch in Pa., FD 31372 (ICC served Dec. 22, 1988). W&LE 
includes with its verified notice of exemption a certification 
pursuant to 49 CFR 1150.33(g) that the projected revenues of the 
Valley Line do not exceed those that would qualify a stand-alone 
operator of the Valley Line as a Class III rail carrier.
---------------------------------------------------------------------------

    In 1999, W&LE received exemption authority to abandon the Valley 
Line.\2\ W&LE consummated its abandonment in 2003 but did not pursue 
salvage, and W&LE indicates that the trackage on the two segments for 
which an exemption is sought here has remained in place.\3\

[[Page 62241]]

With the current transaction, W&LE seeks to resume its common carrier 
status on the two segments of the Valley Line.
---------------------------------------------------------------------------

    \2\ See Wheeling & Lake Erie Ry.--Aban. Exemption--in Harrison & 
Jefferson Ctys., Ohio, AB 227 (Sub-No. 9X) (STB served Oct. 19, 
1999).
    \3\ Originally, W&LE filed its verified notice seeking to 
operate the Valley Line all the way between milepost 188.5 and 
milepost 205.54. In an August 23, 2016 amendment, however, the 
applicant excludes from its verified notice approximately 2.4 miles 
of trackage (between milepost 189.1 near Unionvale and milepost 
191.5 near Adena) on which certain rail assets have been removed. 
W&LE states that it will seek appropriate authority from the Board 
at such time as the applicant may seek to resume operations on that 
segment.
---------------------------------------------------------------------------

    W&LE states that its proposed operations do not involve any 
provision or agreement that would limit future interchange with a 
third-party connecting carrier.
    W&LE states that its current annual rail revenues exceed $5 
million. It notes, however, that the Board has held that the advance 
notice requirement of 49 CFR 1150.32(e) is inapplicable to the proposed 
resumption of operations over a previously abandoned line. See R.J. 
Corman R.R./Memphis Line--Operation Exemption--Line in Montgomery & 
Stewart Ctys., Tenn., FD 33841 (STB served Jan. 18, 2000).
    The transaction may be consummated on or after September 22, 2016, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).\4\
---------------------------------------------------------------------------

    \4\ Because the verified notice was supplemented on August 23, 
2016, that date will be considered the filed date of the verified 
notice.
---------------------------------------------------------------------------

    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 for stay must be filed no later than September 15, 
2016 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36010, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on applicant's representative, Thomas J. 
Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, 
Chicago, IL 60606.
    According to W&LE, this action is exempt from environmental 
reporting requirements under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: September 2, 2016.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.

Marline Simeon,
Clearance Clerk.
[FR Doc. 2016-21623 Filed 9-7-16; 8:45 am]
BILLING CODE 4915-01-P