[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Notices]
[Pages 9235-9236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4867]


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DEPARTMENT OF TRANSPORTATION
[STB Finance Docket No. 33354]


David L. Durbano--Continuance in Control Exemption--Clarkdale 
Arizona Central Railroad, L.C.

    David L. Durbano (Applicant) has filed a verified notice of 
exemption to continue in control of Clarkdale Arizona Central Railroad, 
L.C. (CACR), upon CACR's becoming a Class III rail carrier.
    The notice stated that Applicant expected the transaction to be 
consummated on or after February 7, 1997. Because this notice of 
exemption for continuance in control was filed on February 3, 1997, 
however, the 7-day effective date of this notice was February 10, 1997, 
which was thus the earliest date consummation could lawfully occur.
    This transaction is related to STB Finance Docket No. 33353, 
Clarkdale Arizona Central Railroad, L.C.--Acquisition and Operation 
Exemption--Arizona Central Railroad, Inc., wherein CACR seeks to 
acquire 38.74 miles of rail line owned by Arizona Central Railroad, 
Inc. (AZCR).
    Applicant controls five existing Class III rail common carriers. In 
addition to controlling AZCR, operating in Arizona, applicant controls: 
Wyoming and Colorado Railroad Company, Inc. (WYCO), operating in 
Wyoming; Oregon Eastern Railroad Company, Inc. (OER), operating in 
Oregon; Southwestern Railroad Company, Inc. (SWR), operating in New 
Mexico, Oklahoma, and Texas; and Cimarron Valley Railroad, L.C. (CVR), 
operating in Kansas, Oklahoma, and Colorado.
    Applicant states that: (i) CACR will not connect with WYCO, OER, 
SWR, or CVR; (ii) the continuance in control is not part of a series of 
anticipated transactions that would connect CACR with WYCO, OER, SWR, 
or CVR; and (iii) the transaction does not involve any Class I 
carriers. 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

[[Page 9236]]

carriers. Because this transaction involves Class III rail carriers 
only, the Board, under the statute, may not impose labor protective 
conditions for this transaction.
    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. 33354, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423.<SUP>1 In addition, a copy of each 
pleading must be served on: Walter T. Merrill, Durbano & Merrill, 3340 
Harrison Boulevard, Suite 200, Ogden, UT 84403.

    \1\ 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.

    Decided: February 19, 1997.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-4867 Filed 2-27-97; 8:45 am]
BILLING CODE 4915-00-P