5E SVM Railway Company, LLC (SVMR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate a rail line owned by Trona Railway Company LLC, Debtor (TRC), extending from milepost 0.0 at Searles Junction, Cal., to the end of the line at milepost 30.6 in Trona, Cal., a distance of approximately 30.6 miles (the Line).

According to the verified notice, SVMR's parent, 5E SVM, LLC (5E SVM), entered into an Asset Purchase Agreement with TRC and TRC's parent company, Searles Valley Minerals Inc. (SVM), to acquire the assets of TRC. The verified notice indicates that SVMR will operate and provide rail common carrier service on the Line. SVMR has concurrently filed a petition for waiver of the 30-day effectiveness period specified under 49 CFR 1150.32(b) to allow the exemption to become effective immediately.^[1]

SVMR certifies that the proposed acquisition of the Line does not involve any provision or agreement that would limit future interchange with a third-party connecting carrier. SVMR further certifies that its projected annual revenues as a result of this transaction are not expected to exceed $5 million and will not result in the creation of a Class II or Class I rail carrier.

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.

All pleadings, referring to Docket No. FD 36955, 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 SVMR's representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.

According to SVMR, 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.