[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Notices]
[Pages 81878-81879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32960]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35984]


Ohio River Partners LLC--Acquisition and Operation Exemption--
Hannibal Development, LLC

    Ohio River Partners LLC (ORP), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from Hannibal 
Development, LLC (Hannibal), and to operate 12.2 miles of rail line 
known as the Omal Secondary Track (the Line).\1\ The Line extends 
between milepost 60.5 at or near Powhatan Point and milepost 72.7 at or 
near Hannibal, in Monroe County, Ohio.
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    \1\ ORP, a Delaware limited liability company, is controlled by 
Ohio River Partners Shareholder LLC, a Delaware limited liability 
company (ORPS). ORPS is indirectly owned and controlled by Fortress 
Transportation and Infrastructure Investors LLC, which is managed by 
an affiliate of Fortress Investment Group LLC (Fortress). Upon 
consummation of the proposed transaction, ORPS will own a 75% 
interest in ORP. The remaining 25% interest in ORP will be held by 
Hannibal.
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    Hannibal acquired the Line from the bankruptcy estate of ORMET 
Railroad Corporation (ORMET) in 2014. Prior to entering bankruptcy, 
ORMET granted Hannibal Real Estate, LLC (HRE) \2\ an easement to use 
the Line for the purpose of providing rail service to an industrial 
park owned by HRE on property located adjacent to ORMET's property. 
Ohio Terminal Railway Company currently serves customers in the HRE 
industrial park pursuant to the easement.\3\ The customers in the HRE 
industrial park are currently the only rail shippers on the Line. ORP 
will acquire certain assets including the Line (collectively, the 
Hannibal Property) from Hannibal, and plans to redevelop the Hannibal 
Property for industrial use. ORP anticipates that industries located on 
the Hannibal Property may require rail service. Accordingly, ORP has 
filed the instant verified notice of exemption to acquire and operate 
the Line.\4\
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    \2\ Hannibal and HRE are not affiliated companies.
    \3\ See Ohio Terminal Ry.--Operation Exemption--Hannibal Real 
Estate, FD 35703 (STB served Jan. 11, 2013).
    \4\ The easement granted by ORMET gives HRE the right to use the 
Line only for the purpose of providing rail service to HRE's 
property. Accordingly, any new industries that locate on the 
Hannibal Property would be served by ORP.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Fortress Investment Group LLC--Continuance in Control 
Exemption--Ohio River Partners, LLC, Docket No. FD 35985, wherein 
Fortress seeks Board approval to continue in control of ORP and two 
other rail carriers (Central Maine & Quebec Railway US Inc. and Florida 
East Coast Railway, L.L.C.) currently controlled by other companies 
managed by affiliates of Fortress following consummation of the 
proposed transaction.
    The transaction may not be consummated until January 17, 2016 (30 
days after the notice of exemption was filed).
    ORP certifies that its projected annual revenues as a result of 
this transaction will not result in its becoming a Class II or Class I 
rail carrier and will not exceed $5 million.
    ORP states that the transaction does not impose any interchange 
commitment on it.
    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 January 8, 
2016 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35984, 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 Terence M. Hynes, Sidley Austin LLP, 1501 K 
St. NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: December 23, 2015.


[[Page 81879]]


    By the Board, Julia M. Farr, Acting Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2015-32960 Filed 12-30-15; 8:45 am]
BILLING CODE 4915-01-P