Operation Exemption: Drake Switching Co., LLC; Drake Cement, LLC

Federal Register: February 18, 2010 (Volume 75, Number 32)

Notices

Page 7305-7306

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr18fe10-76

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

STB Finance Docket No. 35351

Drake Switching Company, LLC--Operation Exemption-- Drake Cement,

LLC

Drake Switching Company, LLC (DSC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate approximately 4.12 miles of rail lines, located near Drake, Yavapai

County, AZ, as follows: (1) A railroad yard consisting of six tracks

(Tracks A-F) totaling approximately 3.46 miles (the Yard); and (2) two tracks (Track G and H) that extend approximately 0.66-miles, between

Track C in the Yard and the facilities to be owned and operated by

Drake Cement, LLC.\1\

\1\ Drake Cement, LLC filed a verified notice of exemption to acquire these track in STB Finance Docket No. 35350, Drake Cement,

LLC--Acquisition Exemption--Clarkdale Arizona Central Railroad, LLC.

Page 7306

DSC certifies that the projected annual revenues as a result of the proposed transaction will not exceed those that would qualify it as a

Class III carrier.

DSC states that it expects the transaction to be consummated no earlier than 30 days after the filing of the notice. The earliest this transaction can be consummated is March 4, 2010, the effective date of the exemption (30 days after the exemption 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. Stay petitions must be filed no later than February 25, 2010

(at least 7 days before the exemption becomes effective).

An original and 10 copies of all pleadings, referring to STB

Finance Docket No. 35351, 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 Thomas F. McFarland, Thomas F.

McFarland, P.C., 208 South LaSalle Street, 1890, Chicago, IL 60604-1112.

Board decisions and notices are available on our Web site at http:www.stb.dot.gov.

Decided: February 12, 2010.

By the Board, Rachel D. Campbell, Director, Office of

Proceedings.

Andrea Pope-Matheson,

Clearance Clerk.

FR Doc. 2010-3059 Filed 2-17-10; 8:45 am

BILLING CODE 4915-01-P