[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Pages 66548-66549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21076]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36717]


OmniTRAX SBVR, LLC d/b/a South Branch Valley Railroad--Operation 
Exemption--Railroad Line of West Virginia State Rail Authority in 
Hampshire, Hardy, and Grant Counties, W. Va.

    OmniTRAX SBVR, LLC d/b/a South Branch Valley Railroad (OSL), a 
noncarrier controlled by short line holding company OmniTRAX Holdings 
Combined, Inc. (OmniTRAX), has filed a verified notice of exemption 
under 49 CFR 1150.31 to assume operations over approximately 52.4 miles 
of rail line, extending from milepost 0.0 at Green Spring, W. Va., to 
milepost 52.4 at Petersburg, W. Va., located in Hampshire, Hardy, and 
Grant Counties, W. Va. (the Line).\1\
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    \1\ OSL initially filed its verified notice on August 14, 2023. 
By order served September 8, 2023, the effective dates of the 
exemptions in this docket and in the related Docket No. FD 36716 
were postponed pending further Board order to allow for further 
briefing and consideration of certain issues. On September 13, 2023, 
OSL filed an amended verified notice of exemption in Docket No. FD 
36717 addressing the issues raised in the September 8 order.
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    The Line is owned and currently operated by the West Virginia State 
Rail Authority (Rail Authority). OSL states that it has reached an 
agreement with the Rail Authority (Agreement) under which OSL will 
replace the Rail Authority as the operator on the Line. OSL states that 
the Rail Authority will retain ownership of, and a residual common 
carrier obligation over, the Line post-transaction.
    This transaction is related to the verified notice of exemption 
filed in OmniTRAX Holdings Combined, Inc.--Continuance in Control 
Exemption--OmniTRAX SBVR, LLC, Docket No. FD 36716, in which OmniTRAX 
and HGS Railway Holdings, Inc., seek to continue in control of OSL upon 
OSL's becoming a Class III rail carrier.
    OSL certifies that its projected annual revenues will not exceed $5 
million and will not result in OSL's becoming a Class I or Class II 
rail carrier. OSL further certifies that it is not contractually 
limited in its ability to interchange traffic with any third-party 
connecting carrier.
    The effective date of this exemption is October 11, 2023. 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 October 4, 2023 (at 
least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36717, must be filed with 
the Surface Transportation Board either 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 
OSL's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to OSL, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c)(2), and from historic 
preservation reporting requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: September 21, 2023.


[[Page 66549]]


    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2023-21076 Filed 9-26-23; 8:45 am]
BILLING CODE 4915-01-P