[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Pages 8620-8621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03006]



[Docket No. FD 36378]

The Mahoning Valley Railway Company--Acquisition and Operation--
L.W.R., Inc. and OHI-Rail Corp.

    The Mahoning Valley Railway Company (MVRY), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire from L.W.R., Inc. (LRW) and OHI-Rail Corp. (OHI-Rail) and 
operate approximately 44.7 miles of the following lines of railroad in 
Carroll, Stark, Columbiana, Jefferson, and Harrison Counties, Ohio: (1) 
The Tuscarawas Industrial Track LC 40-2427, from milepost 0.0 at the 
point of connection to the Bayard siding in Bayard to milepost 2.9, 
located 175 feet west of Grant Street in Minerva, including an 
operating easement between mileposts 2.7 and 2.9; (2) the Piney Fork 
Industrial Track LC 40-2446, from milepost 40.9 in Minerva to milepost 
43.5 including all track, facilities, and property comprising Minerva 
Yard; (3) the Horn Track, a short connecting track between the 
Tuscarawas Industrial Track and the Piney Fork Industrial Track, 
between Grant Street and Sandy Creek Bridge; (4) a continuous line of 
track from the Minerva Yard limits at milepost 43.50 in Minerva to 
Hopedale Junction at milepost 77.50; (5) the Wolf Run Branch LC 2449, 
beginning in Springfield Township (Phillips), Jefferson County, at 
milepost 0.0 and extending in a general southerly direction to its end 
at milepost 3.8; and (6) the Tuscarawas Secondary Track LC 2427 
beginning in Minerva at a point approximately 175 feet west of milepost 
2.7 and extending in a general westerly direction through Pekin to its 
ending in Pekin at milepost 4.3 (collectively, the Lines). According

[[Page 8621]]

to MVRY, segments (1), (2), and (3) are owned by LWR and operated by 
OHI-Rail, and MVRY will acquire the segments by purchase, while 
segments (4), (5), and (6) are leased by OHI-Rail from the State of 
Ohio, Ohio Rail Development Commission, and MVRY will acquire the 
segments by assignment of the lease (Leased Lines).\1\

    \1\ The verified notice states that MVRY is a subsidiary of 
Genesee & Wyoming Inc. (GWI). It further states that GWI, LWR, and 
OHI-Rail have executed an Asset Purchase Agreement (Agreement) for 
the Lines, and that, prior to consummating the acquisition, GWI will 
assign its rights and obligations under the Agreement to MVRY. As a 
result, MVRY states, GWI will not acquire the Lines and is not the 
applicant here.

    MVRY certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million annually. MVRY further 
certifies that the acquisition does not involve an interchange 
    Under 49 CFR 1150.42(b), a change in operator requires that notice 
be given to shippers. MVRY states that notice of the proposed 
transaction was provided to shippers on the Leased Lines on January 31, 
    The transaction may be consummated on or after March 1, 2020, the 
effective date of the exemption (30 days after the verified notice was 

    \2\ Because MVRY supplemented its verified notice on January 31, 
2020, that date will be considered the filing date for the purpose 
of calculating the effective date of the exemption.

    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 February 21, 
2020 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36378, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on MVRY's representative, Eric M. 
Hocky, Clark Hill, PLC, Two Commerce Square, 2001 Market St., Suite 
2620, Philadelphia, PA 19103.
    Board decisions and notices are available at www.stb.gov.

    Decided: February 10, 2020.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2020-03006 Filed 2-13-20; 8:45 am]