[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Page 1983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00613]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35987]


BD Highspire Holdings, LLC--Acquisition and Operation Exemption--
Mittal Steel USA-Railways Inc.

    BD Highspire Holdings, LLC (BDHH),\1\ a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire, from 
Mittal Steel USA-Railways Inc. (Mittal Railways), and to operate 
approximately 47 miles of rail line, which includes all of the rail 
assets that formerly comprised the Steelton & Highspire Railroad 
Company, LLC (the Line).\2\ BDHH states that the Line consists mainly 
of yard and switching tracks that do not have any designated mileposts. 
The Line connects at the east end with the Norfolk Southern Railway 
Company (NSR) at the NSR/Highspire Interchange, and on the west end 
with NSR at the NSR/Steelton Interchange, all located within Dauphin 
County, Pa.
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    \1\ BDHH is owned and controlled by BDCM Opportunity Fund IV, 
L.P. (BDCM), a noncarrier holding company.
    \2\ See Steelton & Highspire R.R. Co., LLC--Acquis. and 
Operation Exemption--Steelton & Highspire R.R. Co., FD 34158 (STB 
served Jan. 10, 2002).
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    According to BDHH, BDCM and ArcelorMittal USA LLC, the parent 
company of Mittal Railways, have reached an agreement which, when 
consummated, will result in BDHH purchasing the Line from Mittal 
Railways and operating it. BDHH states that a letter of intent covering 
the transaction was signed on November 13, 2015, and the parties expect 
to finalize a sale and purchase agreement shortly.
    BDHH states that the proposed transaction does not include any 
interchange commitment that prohibits BDHH from interchanging traffic 
with a third party or that limits BDHH's ability to interchange with a 
third party.
    BDHH 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 and states that its projected annual revenues will not 
exceed $5 million.
    The transaction is expected to be consummated on or after January 
28, 2016, the effective date of the exemption (30 days after the 
verified notice was filed).
    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 21, 
2016 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35987, 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 William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    According to BDHH, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: January 11, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2016-00613 Filed 1-13-16; 8:45 am]
 BILLING CODE 4915-01-P