[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Notices]
[Page 9235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4866]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33353]


Clarkdale Arizona Central Railroad, L.C.--Acquisition and 
Operation Exemption--Arizona Central Railroad, Inc.

    Clarkdale Arizona Central Railroad, L.C. (CACR) has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire 
approximately 38.74 miles of rail line owned by Arizona Central 
Railroad, Inc. (AZCR), between milepost 0 + 15 feet at Drake, AZ, to 
the Phoenix Cement Plant at milepost 38 + 3940.3 feet near Clarkdale, 
AZ (the Clarkdale Branch).<SUP>1 CACR will become a Class III rail 
carrier.<SUP>2 Consummation was expected to occur on or shortly after 
February 7, 1997. Although this notice of exemption for acquisition and 
operation was filed on January 29, 1997, and the exemption thus became 
effective on February 5, 1997, the transition could not lawfully have 
been consummated until February 10, 1997, at the earliest, because the 
related notice of exemption for continuance in control was filed on 
February 3, 1997, and, as a result, that exemption did not become 
effective until February 10, 1997.
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    \1\ CACR states that the Clarkdale Branch is the only rail asset 
owned by AZCR, although AZCR owns other assets. For liability and 
accounting purposes, and as part of a restructuring of the business 
organizations under common control, the decision was made to 
transfer AZCR's only rail asset to CACR. After consummation of the 
transaction, AZCR will no longer be a rail carrier subject to Board 
jurisdiction.
    \2\ This proceeding is related to STB Finance Docket No. 33354, 
wherein David L. Durbano, a noncarrier individual, has filed a 
notice of exemption to continue in control of CACR upon CACR's 
becoming a Class III rail carrier.
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    If the 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33353, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423 <SUP>3 and served on: Walter T. 
Merrill, Durbano & Merrill, 3340 Harrison Boulevard, Suite 200, Ogden, 
UT 84403.

    \3\ Due to the Board's scheduled relocation on March 16, 1997, 
any filings made after March 16, 1997, must be filed with the 
Surface Transportation Board, Office of the Secretary, Case Control 
Branch, 1925 K Street, N.W., Washington, D.C. 20423-0001.
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    Decided: February 19, 1997.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-4866 Filed 2-27-97; 8:45 am]
BILLING CODE 4915-00-P