Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Notices 9235

1CACR 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.

2This 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.

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.

Twine, Documentary Services, Room

PL–401, (202) 366–9329.

SUPPLEMENTARY INFORMATION: On March

15, 1995, at 60 FR 14050, the DOT

issued a public meeting notice

concerning the centralization and

computerization of DOT dockets. On

June 10, 1996, at 61 FR 29282, the Office

of the Secretary of the DOT published

a final rule revising filing procedures for

OST dockets.

The FHWA docket transition to the

centralized dockets begins on February

28, 1997. All open dockets will be

available for inspection and copying in

Room 2200–G within the TASC Library

of the Nassif Building from 9 a.m. to

3:30 p.m., e.t., Monday through Friday,

except for Federal holidays, from March

3 through April 7, 1997. All comments

to open dockets should be clearly

marked with the appropriate docket

number and submitted to the U.S. DOT

Dockets, Room PL–401, 400 Seventh

Street, SW., Washington, DC 20590–

0001.

At this time, the U.S. DOT Dockets

will accept only paper filings for an

original document.

To ensure that the highest quality

image is captured during the scanning

process, documents must be typed

double-spaced on 81⁄2 by 11 inch white

paper with dark type (not green) to

provide adequate contrast for

photographic reproduction. With one

exception, original documents must be

unbound, without tabs, to reduce

possible damage during removal of pins

and staples and to facilitate the use of

a high-speed mechanism for automated

scanning. Documents of more than one

page may be clipped with a removable

clip or similar device. In cases assigned

by order to an Administrative Law Judge

for hearing, the filing requirements with

respect to tabbing and binding and the

number of copies required will be set by

order of the Administrative Law Judge.

Filers are requested to provide onesided original documents to speed the

physical scanning process, but the

software capability to sort double-sided

copies is available.

Material that cannot be scanned will

be given special handling and a crossreference to this material will be noted

in the docket file.

(23 U.S.C. 315; 49 CFR 1.48)

Issued on: February 24, 1997.

Jane Garvey,

Acting Administrator.

[FR Doc. 97–5022 Filed 2–27–97; 8:45 am]

BILLING CODE 4910–22–P

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).1 CACR will become a Class III

rail carrier.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.

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 3 and served on:

Walter T. Merrill, Durbano & Merrill,

3340 Harrison Boulevard, Suite 200,

Ogden, UT 84403.

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

[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