[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Notices]
[Page 19349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06735]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36682]


East Ohio Valley Railway LLC--Acquisition and Operation 
Exemption--Ohio River Partners Shareholder LLC

    East Ohio Valley Railway LLC (EOVR), a non-carrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from Ohio 
River Partners Shareholder LLC (ORPS), and operate, an approximately 
12.2-mile rail line between milepost 60.5 near Powhatan Point, Ohio, 
and milepost 72.7 near Hannibal, Ohio (the Line).
    This transaction is related to a concurrently filed verified notice 
of exemption in Fortress Investment Group LLC--Continuance in Control 
Exemption--East Ohio Valley Railway LLC, Docket No. FD 36683, in which 
Fortress Investment Group, FTAI Infrastructure Inc. (FTAI 
Infrastructure), Percy Acquisition LLC, and Transtar, LLC (Transtar), 
seek to continue in control of EOVR upon EOVR's becoming a Class III 
rail carrier.
    According to the verified notice, EOVR and ORPS will enter into an 
asset purchase agreement in connection with the transaction.\1\ The 
parties intend to consummate the proposed transaction as soon as 
practicable after the effective date of the exemption and the 
satisfaction of all other conditions precedent to closing set forth in 
the asset purchase agreement.\2\
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    \1\ EOVR states that a copy of the agreement will be submitted 
to the Board when it is executed.
    \2\ The Line is currently operated by Katahdin Railcar Services, 
LLC (KRS), a Class III carrier and affiliate of EOVR and ORPS, 
pursuant to a lease with ORPS. See Fortress Inv. Grp. LLC--Exemption 
for Intra-Corp. Fam. Transaction--Ohio River Partners Shareholder 
LLC, FD 36402 (STB served May 15, 2020); see also Katahdin Railcar 
Servs. LLC--Change in Operators Exemption--Ohio Terminal Ry., FD 
36487 (STB served Mar. 30, 2021). According to the verified 
statement, KRS will continue to operate the Line until EOVR can 
complete arrangements to assume operations.
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    EOVR certifies that the transaction does not involve any provision 
or agreement that may limit future interchange with a third-party 
connecting carrier, nor is the Line currently subject to any agreement 
that imposes such an interchange commitment.
    EOVR further certifies that its projected annual revenues resulting 
from the transaction will not exceed $5 million and will not result in 
EOVR's becoming a Class I or Class II rail carrier.
    The earliest this transaction may be consummated is April 16, 2023, 
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 April 7, 2023 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36682, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
EOVR's representative, William A. Mullins, Baker & Miller PLLC, 2401 
Pennsylvania Avenue NW, #300, Washington, DC 20037.
    According to EOVR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: March 28, 2023.

    By the Board, Mai T. Dinh, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-06735 Filed 3-30-23; 8:45 am]
BILLING CODE 4915-01-P