[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54875-54876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25550]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35035]


Adrian & Blissfield Rail Road Company--Acquisition and Operation 
Exemption--Tecumseh Branch Connecting Railroad Company

    Adrian & Blissfield Rail Road Company (ADBF), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire from Tecumseh Branch Connecting Railroad Company (TCBY) and 
to operate, approximately 1.3 miles of rail line between milepost 44.2 
and milepost 45.5, in the City of Adrian, Lenawee County, MI.
    As a result of a transaction between ADBF and TCBY on November 19, 
2001,

[[Page 54876]]

ADBF acquired the rail line as part of a corporate restructuring, but 
did not file its verified notice of exemption with the Board until 
October 9, 2009.\1\ Thus, the effective date of the exemption is 
November 8, 2009 (30 days after the exemption is filed).\2\
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    \1\ ADBF states that eliminating TCBY as a rail carrier through 
this acquisition will enable ADBF's owners to restructure their 
railroad holdings by filing a class exemption notice for continuance 
in control of three other disconnected short line railroads they 
control. It appears that ADBF's owners presently are not authorized 
to have common control of more than one rail carrier. If that is the 
case, the Board expects the owners to promptly submit an appropriate 
filing for authorization for that common control.
    \2\ The class exemption invoked by ADBF does not provide for 
retroactive effectiveness.
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    ADBF certifies that its projected annual revenues as a result of 
this transaction do not exceed those that would qualify it as a Class 
III carrier and that its projected annual revenues will not exceed $5 
million.
    According to ADBF, there is no provision or agreement that may 
limit future interchange with a third-party connecting carrier.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
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 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 does not automatically stay the effectiveness of the exemption. 
Petitions for stay must be filed no later than November 2, 2009.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35035, 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 John D. Heffner, 1750 K Street, 
NW., Suite 200, Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 20, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-25550 Filed 10-22-09; 8:45 am]
BILLING CODE 4915-01-P