[Federal Register Volume 90, Number 178 (Wednesday, September 17, 2025)]
[Notices]
[Page 44867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17943]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36883]


Sunrise Industrial Rail, LLC--Lease and Change of Operator 
Exemption--Railroad Lines of Brookhaven Logistics Center, LLC, in 
Suffolk County, N.Y.

    Sunrise Industrial Rail, LLC (Sunrise), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to (1) lease and 
operate approximately 0.47 miles of rail line and 14,348 feet of 
additional track owned by Brookhaven Logistics Center, LLC (BLC), in 
Suffolk County, N.Y., (collectively, the Line); and (2) replace 
Brookhaven Rail, LLC (Brookhaven Rail), as the common carrier service 
provider. Sunrise indicates that the Line does not have mileposts.
    According to the verified notice, the Line is currently operated by 
Brookhaven Rail pursuant to a railroad operating and sublicense 
agreement with BLC. The verified notice states that Sunrise and BLC are 
completing agreement terms under which Sunrise will lease the Line, 
among other assets, owned by BLC and Sunrise will replace Brookhaven 
Rail as the common carrier service provider on the Line.\1\ Sunrise 
states that Brookhaven Rail does not object to the proposed change in 
operator.
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    \1\ According to the verified notice, Brookhaven Rail also 
currently operates over approximately 12,500 feet of excepted track. 
(See Notice 5 (citing Brookhaven Rail Terminal--Pet. for Declaratory 
Ord., FD 35819 (STB served Aug. 30, 2016).) Authority from the Board 
may be required should Brookhaven Rail continue to operate over that 
track following consummation of this transaction. See Effingham 
R.R.--Pet. for Declaratory Ord.--Constr. At Effingham, Ill., 2 
S.T.B. 606, 609-610 (1997) (Board has licensing authority over 
proposal by new carrier to construct and operate over excepted track 
that would constitute carrier's entire operation).
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    This transaction is related to a concurrently filed verified notice 
of exemption in OmniTRAX Holdings Combined, Inc.--Continuance in 
Control Exemption--Sunrise Industrial Rail, LLC, FD 36882, in which 
OmniTRAX Holdings Combined, Inc., and HGS Railway Holdings, Inc., seek 
to continue in control of Sunrise upon Sunrise's becoming a Class III 
rail carrier.
    Sunrise certifies that its projected annual revenues as a result of 
the transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million. Sunrise also certifies 
that it will not be contractually limited in its ability to interchange 
traffic with any third-party connecting carrier. Under 49 CFR 
1150.32(b), a change in operator requires that notice be given to 
shippers. Sunrise states that it has provided notice to all customers 
on the Line.
    The transaction may be consummated on or after October 4, 2025, 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 September 26, 
2025 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36883, 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 
Sunrise's representative, Daniel R. Elliott, GKG Law, PC, 1055 Thomas 
Jefferson Street NW, Suite 620, Washington, DC 20007.
    According to Sunrise, 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: September 12, 2025.

    By the Board, Anika S. Cooper, Chief Counsel, Office of Chief 
Counsel.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2025-17943 Filed 9-16-25; 8:45 am]
BILLING CODE 4915-01-P