Wheeling & Lake Erie Railway Company (W&LE) a Class II rail carrier, has filed a verified notice of exemption under 49 CFR 1150.31 
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.
In 1999, W&LE received exemption authority to abandon the Valley Line.
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.
Start Printed Page 62241With the current transaction, W&LE seeks to resume its common carrier status on the two segments of the Valley Line.
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).
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.
[FR Doc. 2016-21623 Filed 9-7-16; 8:45 am]
BILLING CODE 4915-01-P