[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Notices]
[Page 44436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20659]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35291]


Sterlite (USA), Inc.--Acquisition and Operation Exemption--Copper 
Basin Railway, Inc.

    Sterlite (USA), Inc. (Sterlite), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 \1\ to acquire and operate all 
of Copper Basin Railway, Inc.'s (CBRY) rail assets, including its main 
line between Magma (milepost 949.5) \2\ and Winkelman (milepost 
1003.5), and all spurs from that main line, including the spur between 
Ray Junction (milepost 0) and Ray Mine (milepost 4), and the spur 
between Hayden Junction (milepost 0) and Hayden Smelter (milepost 
2),\3\ in Pinal and Gila Counties, AZ, for a total of 54 route miles 
(not including industrial track or the Ray Mine and Hayden Smelter 
spurs).\4\
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    \1\ On August 19, 2009, Sterlite filed an amendment to its 
verified notice of exemption stating that the proposed acquisition 
and operation would not involve any provision or agreement of the 
kind described in 49 CFR 1150.33(h).
    \2\ According to Sterlite, CBRY uses the milepost designations 
on the line that were assigned by CBRY's former owner, Southern 
Pacific Transportation Company.
    \3\ Sterlite states that it does not represent that these two 
spurs constitute ``railroad lines'' whose acquisition is subject to 
the Board's jurisdiction under 49 U.S.C. 10901. To the extent, 
however, that there is any question regarding the status of these 
tracks, Sterlite requests that they be covered by this verified 
notice of exemption.
    \4\ Sterlite states that, on or about March 6, 2009, a 
Settlement and Purchase and Sale Agreement (PSA) among ASARCO LLC, 
AR Silver Bell, Inc., CBRY, ASARCO Santa Cruz, Inc., Sterlite, and 
Sterlite Industries (India), Ltd., was executed, providing for the 
acquisition by Sterlite of the rail assets of CBRY. According to 
Sterling, closing under the PSA cannot take place unless and until 
the Debtors' Sixth Amended Joint Plan of Reorganization under 
Chapter 11 of the Bankruptcy Code, as Modified, is approved by the 
United States Bankruptcy Court for the Southern District of Texas 
and by the United States District Court for the Southern District of 
Texas in the proceedings in In re ASARCO LLC (Case No. 05-21207).
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    Sterlite certifies that, based on representations made to it by 
CBRY regarding CBRY's annual revenues, Sterlite's projected annual 
revenues would be those of a Class III rail carrier.
    Because Sterlite's projected annual revenues will exceed $5 
million, Sterlite is required, at least 60 days before an exemption is 
to become effective, to send notice of the transaction to the national 
offices of the labor unions with employees on the affected lines, to 
post a copy of the notice at the workplace of the employees on the 
affected lines, and to certify to the Board that it has done so. 49 CFR 
1150.32(e). Sterlite has certified to the Board that on August 14, 
2009, it posted a notice at the workplace of the employees on the 
affected lines, containing the information required in 49 CFR 
1150.32(e). However, Sterlite has noted that none of the employees on 
the affected lines are represented by a labor union and, therefore, no 
notice has been provided to the national office of any labor union. 
Accordingly, Sterlite simultaneously has filed a petition for waiver 
from the requirements of 49 CFR 1150.32(e) regarding notice to labor of 
the proposed transaction to permit the exemption to become effective 30 
days after the notice of exemption was filed, rather than the requisite 
60 days. Sterlite's waiver request will be addressed by the Board in a 
subsequent decision.
    Sterlite states that, if the waiver request is not granted, it 
intends to consummate the transaction on or after October 13, 2009 (60 
days from the date the notice was posted at the worksite of affected 
CBRY employees), and, if the waiver petition is granted in a decision 
served later than September 13, 2009, then Sterlite intends to 
consummate the transaction on or after such time established by the 
Board.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, section 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 7 days before 
the exemption becomes effective.\5\
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    \5\ In the absence of a waiver granted by the Board, the 
earliest the exemption could become effective would be October 13, 
2009 (60 days after Sterlite has certified that it has satisfied the 
requirements of 49 CFR 1150.32(e)).
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35291, 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 Paul A. Cunningham, Esquire, 
Harkins Cunningham LLP, 1700 K Street, NW., Suite 400, Washington, DC 
20006-3804.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.


    Decided: August 21, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-20659 Filed 8-27-09; 8:45 am]
BILLING CODE 4915-01-P