[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Page 1983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00613]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 35987]
BD Highspire Holdings, LLC--Acquisition and Operation Exemption--
Mittal Steel USA-Railways Inc.
BD Highspire Holdings, LLC (BDHH),\1\ a noncarrier, has filed a
verified notice of exemption under 49 CFR 1150.31 to acquire, from
Mittal Steel USA-Railways Inc. (Mittal Railways), and to operate
approximately 47 miles of rail line, which includes all of the rail
assets that formerly comprised the Steelton & Highspire Railroad
Company, LLC (the Line).\2\ BDHH states that the Line consists mainly
of yard and switching tracks that do not have any designated mileposts.
The Line connects at the east end with the Norfolk Southern Railway
Company (NSR) at the NSR/Highspire Interchange, and on the west end
with NSR at the NSR/Steelton Interchange, all located within Dauphin
County, Pa.
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\1\ BDHH is owned and controlled by BDCM Opportunity Fund IV,
L.P. (BDCM), a noncarrier holding company.
\2\ See Steelton & Highspire R.R. Co., LLC--Acquis. and
Operation Exemption--Steelton & Highspire R.R. Co., FD 34158 (STB
served Jan. 10, 2002).
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According to BDHH, BDCM and ArcelorMittal USA LLC, the parent
company of Mittal Railways, have reached an agreement which, when
consummated, will result in BDHH purchasing the Line from Mittal
Railways and operating it. BDHH states that a letter of intent covering
the transaction was signed on November 13, 2015, and the parties expect
to finalize a sale and purchase agreement shortly.
BDHH states that the proposed transaction does not include any
interchange commitment that prohibits BDHH from interchanging traffic
with a third party or that limits BDHH's ability to interchange with a
third party.
BDHH 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 states that its projected annual revenues will not
exceed $5 million.
The transaction is expected to be consummated on or after January
28, 2016, 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 to stay must be filed no later than January 21,
2016 (at least seven days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35987, must be filed with the Surface Transportation Board, 395 E
Street SW., Washington, DC 20423-0001. In addition, a copy of each
pleading must be served on William A. Mullins, Baker & Miller PLLC,
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
According to BDHH, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c).
Board decisions and notices are available on our Web site at
WWW.STB.DOT.GOV.
Decided: January 11, 2016.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2016-00613 Filed 1-13-16; 8:45 am]
BILLING CODE 4915-01-P