[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20882-20883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8358]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35612]


Manning Grain Company; Acquisition and Operation Exemption; 
Fillmore Western Railway Company

    Manning Grain Company (MGC), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire from Fillmore 
Western Railway Company (FWRC) and operate a 7.1-mile rail line between 
its point of connection with BNSF Railway Company at milepost 8.1 at or 
near Fairmont and terminus at milepost 15.2 at or near Burress, in 
Fillmore County, Neb. (the Line).
    The Line is part of an approximately 23.2-mile rail line (the 
Fairmont-Milligan line) that FWRC was authorized to abandon in Fillmore 
Western Ry.--Aban. Exemption--in Fillmore Cnty., Neb., AB 492 (Sub-No. 
2X) (STB served June 27, 2001). MGC acquired the Line from FWRC in 
2005. MGC states that, at that time, it believed it was acquiring the 
Line as private industrial track, but that it since has learned that 
FWRC did not consummate its abandonment authority for the Fairmont-
Milligan line by filing a notice of consummation. Thus, MGC states, it 
unknowingly became a rail carrier by virtue of its 2005 acquisition of 
the Line.\1\
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    \1\ In a notice of exemption filed on March 8, 2012, in Docket 
No. FD 35607, Manning Rail, Inc.--Acquisition and Operation 
Exemption--Manning Grain Company, Manning Rail, Inc., a noncarrier, 
seeks to acquire the line from MGC and operate it. That notice has 
been held in abeyance at the request of Manning Rail Inc. to permit 
it to investigate the history of the line.
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    The effective date of the exemption will be April 20, 2012 (30 days 
after the verified notice was filed).\2\
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    \2\ While the verified notice indicates that MGC is seeking an 
exemption to authorize the acquisition ``retroactively,'' MGC's 
authority will be effective prospectively from April 20, 2012.
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    MGC certifies that its projected annual revenues as a result of 
this transaction will not exceed $5 million and will not exceed those 
that would qualify it as a Class III rail carrier.
    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 to stay must be filed no later than April 13, 2012 
(at least 7 days before the exemption becomes effective).

[[Page 20883]]

    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35612, 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, Suite 1890, Chicago, IL 60604-1112.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: April 3, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-8358 Filed 4-5-12; 8:45 am]
BILLING CODE 4915-01-P