[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51160-51161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20444]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35399]


Swanson Rail Transfer, L.P.--Lease and Operation Exemption--BDB 
Company

    Swanson Rail Transfer, L.P. (SRT), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire by lease 
from affiliate/noncarrier BDB Company (BDB), and operate a parcel of 
land, formerly known as the Swanson Rail Yard, in Philadelphia, Pa. The 
property is approximately 159.54 feet wide and 2,063 feet long and is 
located about 25 feet east of Interstate Highway 95 between Pattison 
Avenue and the Delaware River Port Authority right-of-way (Walt Whitman 
Bridge approach/Interstate Highway 76).\1\ SRT will construct \2\ and 
operate a truck-rail transfer facility on the property and provide 
associated rail common carrier services.
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    \1\ According to SRT, there are no mileposts on the property.
    \2\ SRT states that it will, in a separate proceeding, seek 
Board authority to construct the transload facility and related rail 
infrastructure on the property.
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    This transaction is related to two other transactions for which 
notices of exemption have been simultaneously filed: Docket No. FD 
35398, BDB Company--Acquisition Exemption--Consolidated Rail 
Corporation, in which BDB seeks Board approval to acquire

[[Page 51161]]

from Consolidated Rail Corporation this property before it leases it to 
SRT; and Docket No. FD 35400, B. Robert DeMento, Jr., and Baggio Herman 
DeMento--Continuance in Control Exemption--BDB Company and Swanson Rail 
Transfer, L.P., in which the partners/owners of BDB and SRT, B. Robert 
DeMento, Jr., and Baggio Herman DeMento, seek Board approval to 
continue in control of BDB and SRT upon Board approval of this 
transaction and the transaction in FD 35398.
    The transaction may not be consummated until September 1, 2010, the 
effective date of the exemption (30 days after the exemption was 
filed).
    SRT certifies that, as a result of this transaction, its projected 
revenues will not exceed those that would qualify it as a Class III 
carrier and will not exceed $5 million.
    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 by no later than August 25, 
2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35399, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy must be 
served on John F. McHugh, 6 Water Street, New York, N.Y. 10004.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: August 12, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-20444 Filed 8-17-10; 8:45 am]
BILLING CODE 4915-01-P