[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Page 75811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29313]



[[Page 75811]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35203]


Alabama Warrior Railway, L.L.C.--Operation Exemption--Sloss 
Industries Corporation and Jefferson Warrior Railroad Company, Inc.

    Alabama Warrior Railway, L.L.C. (AWR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to operate 
approximately 24.575 miles of rail lines owned by Sloss Industries 
Corporation (Sloss) and Jefferson Warrior Railroad Company, Inc. (JWR) 
\1\ between: (1) the entrance to the Sloss properties at 35th Avenue 
North and extending in a northeasterly direction through the Sloss 
properties to a point near Summit Street; and (2) the south leg of the 
wye located near the intersection of Erwin Dairy Road and 37th Street 
North and the Lehigh Yard located approximately .75-miles to the south 
of the wye.\2\ Also, JWR will assign its operating rights to AWR over 
approximately 1,532.1 feet of rail line owned by BNSF Railway Company 
(BNSF), between BNSF STA. 58 +50.90 and BNSF STA. 73+83 on the Dimmick 
City Main Track. All of the rail lines are located in Birmingham, AL.
---------------------------------------------------------------------------

    \1\ Sloss and JWR are affiliated companies.
    \2\ AWR states that there are no mileposts associated with the 
rail lines.
---------------------------------------------------------------------------

    This transaction is related to a concurrently filed verified notice 
of exemption in STB Finance Docket No. 35204, Watco Companies, Inc.--
Continuance in Control Exemption--Alabama Warrior Railway, L.L.C. In 
that proceeding, Watco Companies, Inc., has filed a verified notice of 
exemption to continue in control of AWR, upon AWR becoming a Class III 
rail carrier.
    The transaction is expected to be consummated on or shortly after 
December 26, 2008 (the effective date of the exemption).
    AWR certifies that its projected annual revenues as a result of the 
transaction will not result in AWR's becoming a Class II or Class I 
rail carrier and further certifies that its projected annual revenue 
will not exceed $5 million.
    Pursuant to the Consolidated Appropriations Act, 2008, Pub. L. No. 
110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    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 December 19, 
2008 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35203, 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 Karl Morell, 1455 F Street, 
NW., Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 5, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E8-29313 Filed 12-11-08; 8:45 am]
BILLING CODE 4915-01-P