[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Page 49591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19086]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36540]


Cornhusker Railroad, LLC--Operation Exemption--Trackage in Hall 
and Adams Counties, Neb.

    Cornhusker Railroad, LLC (CORN), a noncarrier, has filed a verified 
notice of exemption pursuant to 49 CFR 1150.31 to operate approximately 
27 miles of track in Hall and Adams Counties, Neb. (the Line). The Line 
consists of: (1) The Grand Island Branch, between a connection with 
BNSF Railway Company (BNSF) at West Airport Road near BNSF milepost 
103.55 in Ovina, Neb., and a connection with Union Pacific Railroad 
Company (UP) at West Husker Highway near UP milepost 154.5 in Alda, 
Neb., a distance of approximately five miles, and approximately 17 
miles of connected industry track to the west, all located in Hall 
County; and (2) the Hastings Branch, consisting of approximately five 
miles of industry track that connects to UP's Hastings Industrial Park 
Subdivision in Hastings, Adams County. According to CORN, no common 
carrier services are currently being offered on the Line.\1\
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    \1\ The verified notice states that five miles of the Grand 
Island Branch were the subject of two prior acquisition and 
operation proceedings, but the authority was never consummated and 
the Line remains private trackage. See Cornhusker Rys.--Acquis. & 
Operation Exemption--Rail Line of DTE Rail Servs., Inc., FD 34719 
(STB served July 20, 2005); Freightcar Short Line, Inc.--Acquis. & 
Operation Exemption--Line of Cornhusker Rys., FD 35423 (STB served 
Sept. 30, 2010).
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    This transaction is related to a concurrently filed verified notice 
of exemption in Cathcart Rail, LLC--Continuance in Control Exemption--
Cornhusker Railroad, Docket No. FD 36541, in which Cathcart Rail, LLC, 
seeks to continue in control of CORN upon CORN's becoming a Class III 
rail carrier.
    According to the verified notice, CORN has not yet entered into an 
agreement with the owner of the Line, but CORN states that, prior to 
exercising operating authority, it will acquire title to the rail 
assets that will be used in common carrier service.
    CORN states that the proposed transaction does not involve any 
provision or agreement that would limit future interchange on the Line 
with a third-party connecting carrier. CORN certifies that its 
projected annual revenue will not exceed $5 million and that the 
proposed transaction will not result in CORN's becoming a Class I or II 
rail carrier.
    The earliest this transaction may be consummated is September 19, 
2021, 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 10, 
2021.
    All pleadings, referring to Docket No. FD 36540, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on CORN's 
representative, David F. Rifkind, Stinson LLP, 1775 Pennsylvania Avenue 
NW, Suite 800, Washington, DC 20006.
    According to CORN, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 31, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2021-19086 Filed 9-2-21; 8:45 am]
BILLING CODE 4915-01-P