[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Page 51159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20543]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35400]


B. Robert DeMento, Jr., and Baggio Herman DeMento--Continuance in 
Control Exemption--BDB Company and Swanson Rail Transfer, L.P.

    B. Robert DeMento, Jr., and Baggio Herman DeMento (DeMento 
Brothers), noncarrier partners, have filed a verified notice of 
exemption to continue in control of BDB Company (BDB) and Swanson Rail 
Transfer, L.P. (SRT), upon their becoming Class III rail carriers. The 
DeMento Brothers do not currently control any rail carriers.
    This transaction may not be consummated until September 1, 2010 (30 
days after the notice of exemption was filed).
    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 from 
Consolidated Rail Corporation certain rail property in Philadelphia, 
Pa.; and Docket No. FD 35399, Swanson Rail Transfer, L.P.--Lease and 
Operation Exemption--BDB Company, in which SRT seeks Board approval to 
acquire that same property by lease from BDB and to operate the 
property.
    The DeMento Brothers state that: (i) Because BDB will be a non-
operating carrier and the railroads will not connect with each other, 
(ii) the transaction is not a part of a series of anticipated 
transactions that would connect any of these railroads with one another 
or any other railroad, and (iii) the transaction does not involve a 
Class I railroad. Therefore, the transaction is exempt from the prior 
approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here, because all of 
the carriers involved are Class III carriers.
    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 transaction. 
Petitions for 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 35400, 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, NY 
10004.
    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. 2010-20543 Filed 8-17-10; 8:45 am]
BILLING CODE 4915-01-P