[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Pages 45175-45176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19200]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36214]


Rock & Rail, LLC--Acquisition and Operation Exemption--Rail Lines 
of Martin Marietta Materials, Inc.

    Rock & Rail, LLC (R&R), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to acquire and 
operate approximately 0.51 miles of rail line owned by Martin Marietta 
Materials, Inc. (MMM), located within MMM's existing industry facility 
in Weld County, CO, between milepost 14.97 and milepost 15.48, which 
includes existing yard, switching, and industry tracks (the Lines).
    R&R states that it has reached an agreement, pursuant to which MMM 
would transfer its interests in the Lines and other related facilities 
to R&R, including a concrete ready-mix plant, a

[[Page 45176]]

6,412-foot loop track, and 1,315 feet of loading and unloading 
tracks.\1\ R&R states that, pursuant to 49 U.S.C. 10906, it currently 
has the right to operate and perform switching and other types of 
operations on the Lines. MMM is currently the only company located at 
the facility. R&R seeks to acquire the MMM Lines and to operate them as 
common carrier track, as well to continue its Sec.  10906 services. R&R 
states that the proposed acquisition and operation of the Lines do not 
involve a provision or agreement that would limit future interchange 
with a third-party connecting carrier.
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    \1\ MMM leases the underlying real property from Gerrard 
Investments, LLC, but owns the Lines and the ready-mix plant. R&R 
will obtain from MMM an assignment or sublease of the underlying 
lease and ownership of the Lines, the ready-mix plant, and any 
improvements on the site.
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    R&R certifies that the proposed transaction will not result in R&R 
becoming a Class II or Class I rail carrier and that the projected 
annual revenues of R&R will not exceed $5 million.
    The transaction may be consummated on or after September 19, 2018, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    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 September 12, 
2018 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36124, must be filed with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on William A. Mullins, Baker & Miller PLLC, 
2401 Pennsylvania Ave. NW, Suite 300, Washington, DC 20037.
    According to R&R, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: August 30, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2018-19200 Filed 9-4-18; 8:45 am]
BILLING CODE 4915-01-P