|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|ALABAMA WARRIOR RAILWAY, L.L.C.-OPERATION EXEMPTION-SLOSS INDUSTRIES CORPORATION AND JEFFERSON WARRIOR RAILROAD COMPANY, INC.|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT (1) ALABAMA WARRIOR RAILWAY, L.L.C. (AWR) FILED A NOTICE OF EXEMPTION TO OPERATE APPROXIMATELY 24.575 MILES OF RAIL LINES OWNED BY SLOSS INDUSTRIES CORPORATION AND JEFFERSON WARRIOR RAILROAD COMPANY, INC. (JWR); AND (2) JWR WILL ASSIGN ITS OPERATING RIGHTS TO AWR OVER APPROXIMATELY 1,532.1 FEET OF RAIL LINE OWNED BY BNSF RAILWAY COMPANY ON THE DIMMICK CITY MAIN TRACK. ALL OF THE RAIL LINES ARE LOCATED IN BIRMINGHAM, AL.|
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|Full Text of Decision|
39571 SERVICE DATE – DECEMBER 12, 2008
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35203]
Alabama Warrior Railway, L.L.C. (AWR),
a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to
operate approximately 24.575 miles of rail lines owned by Sloss Industries
Corporation (Sloss) and Jefferson Warrior Railroad Company, Inc. (JWR) between: (1) the entrance to the Sloss properties at
35th Avenue North and extending in a northeasterly direction through the Sloss
properties to a point near Summit Street; and (2) the south leg of the wye
located near the intersection of Erwin Dairy Road and 37th Street North and the
Lehigh Yard located approximately .75-miles to the south of the wye. Also, JWR will assign its operating rights to
AWR over approximately 1,532.1 feet of rail line owned by BNSF Railway
Company (BNSF), between BNSF STA. 58 +50.90 and BNSF STA. 73+83 on the
Dimmick City Main Track. All of the rail
lines are located in
transaction is related to a concurrently filed verified notice of exemption in
STB Finance Docket No. 35204, Watco Companies, Inc.—Continuance in Control
The transaction is expected to be consummated on or shortly after December 26, 2008 (the effective date of the exemption).
AWR certifies that its projected annual revenues as a result of the transaction will not result in AWR’s becoming a Class II or Class I rail carrier and further certifies that its projected annual revenue will not exceed $5 million.
Pursuant to the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, § 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 December 19, 2008 (at least 7 days before the exemption becomes effective).
original and 10 copies of all pleadings, referring to STB Finance Docket
No. 35203, must be filed with the Surface Transportation Board, 395 E
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: December 5, 2008.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Anne K. Quinlan