[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51158-51159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20438]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35398]


BDB Company--Acquisition Exemption--Consolidated Rail Corporation

    BDB Company (BDB), a noncarrier, has filed a verified notice of 
exemption under 49 CFR 1150.31 to acquire from Consolidated Rail 
Corporation a parcel of land, formerly known as the Swanson Rail Yard, 
in Philadelphia, Pa.\1\ 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).\2\ The purpose of the acquisition is to develop a common carrier 
truck-rail transfer facility \3\ and associated rail common carrier 
service.
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    \1\ BDB seeks Board approval now for the acquisition even though 
the transfer took place in April 2005.
    \2\ According to BDB, there are no mileposts on this property.
    \3\ BDB states that, to the extent the facility will handle 
waste products, it has already been fully licensed by the State of 
Pennsylvania.
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    This transaction is related to two other transactions for which 
notices of exemption have been simultaneously filed: Docket No. FD 
35399, Swanson Rail Transfer, L.P.--Lease and Operation Exemption--BDB 
Company, in which Swanson Rail Transfer, L.P. (SRT) seeks Board 
approval to acquire the same property by lease from affiliate BDB and 
to operate the property; 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 35399.
    The transaction may not be consummated until September 1, 2010 (30 
days after the notice of exemption was filed).
    BDB 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 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 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 35398, 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 F. McHugh, 6 Water Street, New York, 
N.Y. 10004.

[[Page 51159]]

    Board decisions and notices are available on our Web site at http://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. 2010-20438 Filed 8-17-10; 8:45 am]
BILLING CODE 4915-01-P