[Federal Register: April 17, 2008 (Volume 73, Number 75)]
[Notices]
[Page 21014]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap08-114]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35129]
SSP Railroad Holding LLC--Acquisition and Operation Exemption--
Mittal Steel USA--Railways Inc
SSP Railroad Holding LLC (SSP), a newly formed 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 183 miles of rail lines in and around Sparrows Point,
MD.\1\ Previously, BIP Acquisition Sub, Inc. obtained Board authority
to acquire and operate the subject lines as part of a proposed sale of
the Sparrows Point properties; however, that proposed sale of the
properties was terminated and the line sale transaction was never
consummated.\2\
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\1\ SSP is a wholly owned subsidiary of Severstal U.S. Holdings,
LLC, which in turn is a wholly owned subsidiary of OAO Severstal, a
publicly owned Russian steel company. ArcelorMittal USA Inc.
(ArcelorMittal USA) is the U.S. subsidiary of ArcelorMittal, an
international steel company. ArcelorMittal USA and its subsidiaries,
including Mittal Railways, own various properties in the United
States, including a steel plant at Sparrows Point and an extensive
rail network serving the plant.
SSP states that, pursuant to a 2007 consent decree resulting
from an action brought by the U.S. Department of Justice,
ArcelorMittal USA has agreed to divest its properties at Sparrows
Point, including the rail lines that are the subject of this notice.
As provided in the sale agreement, OAO Severstal has agreed to
purchase the non-rail properties at Sparrows Point and SSP has
agreed to acquire the rail properties, which SSP intends to operate
as a common carrier.
\2\ See BIP Acquisition Sub, Inc.--Acquisition and Operation
Exemption--Mittal Steel USA--Railways Inc., STB Finance Docket No.
35074 (STB served Aug. 24, 2007).
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SSP has certified that its projected annual revenues as a result of
this transaction will not exceed those that would qualify it as a Class
III railroad. SSP states that it intends to consummate the transaction
as soon as possible after May 1, 2008.\3\
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\3\ SSP states that its projected annual revenues following the
transaction will exceed $5 million. On April 1, 2008, SSP
concurrently filed a certification of labor notice compliance and a
petition for partial waiver of the 60-day advance labor notice
requirements at 49 CFR 1150.32(e). That request is being addressed
by the Board in a separate decision. Unless the Board grants the
waiver request, the earliest this transaction may be consummated
will be May 31, 2008.
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Pursuant to the Consolidated Appropriations Act, 2008, Pub. L. 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. Stay petitions must be filed by April 24, 2008 (at least 7
days before the exemption may become effective).
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 35129, 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 Richard A. Allen, Zuckert,
Scoutt & Rasenberger L.L.P., 888 Seventeenth Street, NW., Suite 700,
Washington, DC 20006.
Board decisions and notices are available on our Web site at
``http://www.stb.dot.gov.''
Decided: April 9, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-7962 Filed 4-16-08; 8:45 am]
BILLING CODE 4915-01-P