[Federal Register Volume 85, Number 232 (Wednesday, December 2, 2020)]
[Notices]
[Page 77486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26574]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36458]


West Virginia State Rail Authority--Acquisition and Operation 
Exemption--The Elk River Railroad, Inc.

    West Virginia State Rail Authority (WVRA), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire from The Elk River Railroad, Inc. (TERRI) and operate 
approximately 18.0 miles of rail line extending from milepost 0.0 at 
Dundon and milepost 18.0 at Widen, in Clay County, W. Va. (the 
Line).\1\
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    \1\ The verified notice states that the Line is known as the 
Buffalo Creek & Gauley Railroad. TERRI was recently granted after-
the-fact authority to merge with The Buffalo Creek Railroad Company, 
which previously owned the Line. See Elk River R.R.--Merger 
Exemption--Buffalo Creek R.R., FD 36434 (STB served Nov. 6, 2020).
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    WVRA states that it has executed a Purchase and Sale Agreement with 
TERRI to purchase the Line, plus connecting spur and side tracks, if 
any, appurtenant property and assets, and underlying real estate and 
right-of-way. WVRA states that, after consummation, it will own and 
operate the Line as a common carrier and will assume all common carrier 
rights and obligations with respect thereto.
    WVRA certifies that the proposed acquisition and operation of the 
Line does not involve a provision or agreement that may limit future 
interchange with a third-party connecting carrier. WVRA further 
certifies that its projected annual revenues as a result of this 
transaction will not exceed the maximum revenue of a Class III rail 
carrier and will not exceed $5 million.
    The transaction may be consummated on or after December 16, 2020, 
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 for stay must be filed no later than December 9, 
2020 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36458, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on WVRA's 
representative, Lucinda K. Butler, Executive Director, West Virginia 
State Rail Authority, 120 Water Plant Drive, Moorefield, WV 26836.
    According to WVRA, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: November 25, 2020.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2020-26574 Filed 12-1-20; 8:45 am]
BILLING CODE 4915-01-P