44436 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 

1On August 19, 2009, Sterlite filed an 

amendment to its verified notice of exemption 

stating that the proposed acquisition and operation 

would not involve any provision or agreement of 

the kind described in 49 CFR 1150.33(h). 

2According to Sterlite, CBRY uses the milepost 

designations on the line that were assigned by 

CBRY’s former owner, Southern Pacific 

Transportation Company. 

3Sterlite states that it does not represent that 

these two spurs constitute ‘‘railroad lines’’ whose 

acquisition is subject to the Board’s jurisdiction 

under 49 U.S.C. 10901. To the extent, however, that 

there is any question regarding the status of these 

tracks, Sterlite requests that they be covered by this 

verified notice of exemption. 

4Sterlite states that, on or about March 6, 2009, 

a Settlement and Purchase and Sale Agreement 

(PSA) among ASARCO LLC, AR Silver Bell, Inc., 

CBRY, ASARCO Santa Cruz, Inc., Sterlite, and 

Sterlite Industries (India), Ltd., was executed, 

providing for the acquisition by Sterlite of the rail 

assets of CBRY. According to Sterling, closing 

under the PSA cannot take place unless and until 

the Debtors’ Sixth Amended Joint Plan of 

Reorganization under Chapter 11 of the Bankruptcy 

Code, as Modified, is approved by the United States 

Bankruptcy Court for the Southern District of Texas 

and by the United States District Court for the 

Southern District of Texas in the proceedings in In 

re ASARCO LLC (Case No. 05–21207). 

5 In the absence of a waiver granted by the Board, 

the earliest the exemption could become effective 

would be October 13, 2009 (60 days after Sterlite 

has certified that it has satisfied the requirements 

of 49 CFR 1150.32(e)). 

September 17, 2009. Each trail use 

request must be accompanied by a $200 

filing fee. See 49 CFR 1002.2(f)(27). 

All filings in response to this notice 

must refer to STB Docket No. AB–6 

(Sub-No. 468X), and must be sent to: (1) 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001; and (2) Kristy Clark, BNSF 

Railway Company, 2500 Lou Menk 

Drive, Fort Worth, TX 76131. Replies to 

the petition are due on or before 

September 17, 2009. 

Persons seeking further information 

concerning abandonment procedures 

may contact the Board’s Office of Public 

Assistance, Governmental Affairs, and 

Compliance at (202) 245–0238 or refer 

to the full abandonment or 

discontinuance regulations at 49 CFR 

part 1152. Questions concerning 

environmental issues may be directed to 

the Board’s Section of Environmental 

Analysis (SEA) at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339.] 

An environmental assessment (EA) (or 

environmental impact statement (EIS), if 

necessary) prepared by SEA will be 

served upon all parties of record and 

upon any agencies or other persons who 

commented during its preparation. 

Other interested persons may contact 

SEA to obtain a copy of the EA (or EIS). 

EAs in these abandonment proceedings 

normally will be made available within 

60 days of the filing of the petition. The 

deadline for submission of comments on 

the EA will generally be within 30 days 

of its service. 

Board decisions and notices are 

available on our Web site at ‘‘http:// 

www.stb.dot.gov.’’ 

Decided: August 24, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–20752 Filed 8–27–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35291] 

Sterlite (USA), Inc.—Acquisition and 

Operation Exemption—Copper Basin 

Railway, Inc. 

Sterlite (USA), Inc. (Sterlite), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 1 to 

acquire and operate all of Copper Basin 

Railway, Inc.’s (CBRY) rail assets, 

including its main line between Magma 

(milepost 949.5) 2 and Winkelman 

(milepost 1003.5), and all spurs from 

that main line, including the spur 

between Ray Junction (milepost 0) and 

Ray Mine (milepost 4), and the spur 

between Hayden Junction (milepost 0) 

and Hayden Smelter (milepost 2),3 in 

Pinal and Gila Counties, AZ, for a total 

of 54 route miles (not including 

industrial track or the Ray Mine and 

Hayden Smelter spurs).4

Sterlite certifies that, based on 

representations made to it by CBRY 

regarding CBRY’s annual revenues, 

Sterlite’s projected annual revenues 

would be those of a Class III rail carrier. 

Because Sterlite’s projected annual 

revenues will exceed $5 million, Sterlite 

is required, at least 60 days before an 

exemption is to become effective, to 

send notice of the transaction to the 

national offices of the labor unions with 

employees on the affected lines, to post 

a copy of the notice at the workplace of 

the employees on the affected lines, and 

to certify to the Board that it has done 

so. 49 CFR 1150.32(e). Sterlite has 

certified to the Board that on August 14, 

2009, it posted a notice at the workplace 

of the employees on the affected lines, 

containing the information required in 

49 CFR 1150.32(e). However, Sterlite 

has noted that none of the employees on 

the affected lines are represented by a 

labor union and, therefore, no notice has 

been provided to the national office of 

any labor union. Accordingly, Sterlite 

simultaneously has filed a petition for 

waiver from the requirements of 49 CFR 

1150.32(e) regarding notice to labor of 

the proposed transaction to permit the 

exemption to become effective 30 days 

after the notice of exemption was filed, 

rather than the requisite 60 days. 

Sterlite’s waiver request will be 

addressed by the Board in a subsequent 

decision. 

Sterlite states that, if the waiver 

request is not granted, it intends to 

consummate the transaction on or after 

October 13, 2009 (60 days from the date 

the notice was posted at the worksite of 

affected CBRY employees), and, if the 

waiver petition is granted in a decision 

served later than September 13, 2009, 

then Sterlite intends to consummate the 

transaction on or after such time 

established by the Board. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

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. Petitions for stay must 

be filed no later than 7 days before the 

exemption becomes effective.5

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35291, 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 Paul A. 

Cunningham, Esquire, Harkins 

Cunningham LLP, 1700 K Street, NW., 

Suite 400, Washington, DC 20006–3804. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 21, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–20659 Filed 8–27–09; 8:45 am] 

BILLING CODE 4915–01–P 


hsrobinson on DSK69SOYB1PROD with NOTICES