[Federal Register Volume 77, Number 9 (Friday, January 13, 2012)]
[Notices]
[Pages 2127-2128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-558]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35578]


Birmingham Terminal Railway, L.L.C.--Acquisition and Operation 
Exemption--Birmingham Southern Railroad Company

    Birmingham Terminal Railway, L.L.C. (BHRR), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to acquire from 
Birmingham Southern Railroad Company (BS), and to operate approximately 
75.59 miles of rail line, including all sidings and yard tracks as 
follows: (1) Between milepost 0.0 at 34th Street in Ensley, Ala., and 
milepost 4.7 at East Thomas, Ala.; (2) between milepost 0.0 at 34th 
Street in Ensley and milepost 9.8 at Bessemer, Ala.; and (3) between 
milepost 0.0 at the Port Connection Switch at Crawford Street in 
Fairfield, Ala., and milepost 18.85 at Birmingport, Ala.\1\
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    \1\ BHRR is a new, wholly owned subsidiary of Watco Holdings, 
Inc.; BS, a subsidiary of Transtar, Inc., is a Class III terminal 
and switching carrier.
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    This transaction is related to a concurrently filed verified notice 
of

[[Page 2128]]

exemption in Docket No. FD 35579, Watco Holdings, Inc.--Continuance in 
Control Exemption--Birmingham Terminal Railway, L.L.C., wherein Watco 
Holdings, Inc., seeks Board approval to continue in control of BHRR, 
upon BHRR's becoming a Class III rail carrier.
    The parties intend to consummate the transaction after the 
effective date of the verified notice of exemption.
    BHRR 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. Because BHRR's projected annual revenues will exceed 
$5 million, BHRR certified to the Board on December 2, 2011, that it 
had complied with the requirements of 49 CFR 1150.32(e) on December 1, 
2011, by providing notice to employees and their labor unions on the 
affected line. Under 49 CFR 1150.32(e), this exemption cannot become 
effective until 60 days after the date notice was provided.
    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 23, 
2012 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35578, 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, 655 Fifteenth Street NW., Suite 
225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: January 10, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2012-558 Filed 1-12-12; 8:45 am]
BILLING CODE 4915-01-P