[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Notices]
[Page 47051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18679]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35742]


Clarkdale Arizona Central Railroad, L.C.--Trackage Rights 
Exemption--Drake Cement, LLC

    Drake Cement, LLC (Drake), pursuant to a written Trackage Rights 
Agreement (Agreement) dated May 11, 2012, has agreed to grant overhead 
trackage rights to Clarkdale Arizona Central Railroad, L.C. (CACR) over 
Drake's Track Nos. 3907, 3924, 3921 and 3904 located between milepost 0 
+ 15 feet and milepost 0 + 3000 feet, in Drake, Ariz., a distance of 
2,985 feet in length.\1\ The Agreement also grants CACR the right to 
operate over Drake's Track Nos. 3922 and 3923 to provide switching 
operations for Drake. Both Drake and CACR are Class III rail carriers.
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    \1\ A redacted trackage rights agreement between Drake and CACR 
was filed with the notice of exemption. An unredacted version was 
filed under seal along with a motion for protective order, which 
will be addressed in a separate decision.
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    The transaction is scheduled to be consummated on or after August 
16, 2013, the effective date of the exemption (30 days after the 
exemption was filed).
    Although Drake owns the above tracks, CACR states that the BNSF 
Railway Company (BNSF) retains an operating easement over the 2,985 
feet of trackage. The purpose of the transaction is to permit CACR to 
interchange traffic with BNSF and to provide switching operations for 
Drake.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). 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 effectiveness of the exemption. Petitions for 
stay must be filed by August 9, 2013 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35742, 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 Karl Morell, Ball Janik LLP, Suite 225, 655 
Fifteenth Street NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: July 30, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-18679 Filed 8-1-13; 8:45 am]
BILLING CODE 4915-01-P