[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Notices]
[Page 45011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18621]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35391]


Gardendale Railroad, Inc.--Operation Exemption--Rail Line of 
Border Transload & Transfer, Inc. at Gardendale, LaSalle County, TX

    Gardendale Railroad, Inc. (GRI), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to operate a 1.86-mile line of 
railroad extending between milepost 107.0 and milepost 105.14 at or 
near Gardendale in LaSalle County, Tex. The line is owned by Crystal 
City Railroad, Inc. (CCR) and is currently being operated by Border 
Transload & Transfer, Inc. (BTT) (formerly known as Texas Railroad 
Switching, Inc. (TRS)).\1\
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    \1\ In 1990, CCR received an exemption to acquire a 53.41-mile 
line of railroad and TRS received an exemption to lease and operate 
the line. See Crystal City R.R.--Acquisition and Operation 
Exemption--R.R. Switching Service of Missouri, Texas R.R. 
Switching--Lease and Operation Exemption--Crystal City R.R., FD 
31757 (served Nov. 15, 1990). In 1995, CCR was authorized to 
abandon, and TSR was authorized to discontinue service over, the 
line with the exception of a 1.86-mile portion. See Crystal City 
R.R.--Aban. Exemption--in LaSalle, Zavala, and Dimmit Counties, 
Tex., AB 427X (served June 9, 1995), Texas R.R. Switching, Inc.--
Discontinuance of Service Exemption--in LaSalle, Zavala, and Dimmit 
Counties, Tex., Docket No. AB 428X (served June 9, 1995).
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    This transaction is related to a concurrently filed verified notice 
of exemption in Docket No. FD 35392, Gregory B. Cundiff, Connie 
Cundiff, CGX, Inc. and Ironhorse Resources, Inc.--Continuance in 
Control Exemption--Gardendale Railroad, Inc. In that proceeding, 
Gregory B. Cundiff, Connie Cundiff, CGX, Inc., and Ironhorse Resources, 
Inc., jointly have filed a verified notice of exemption to continue in 
control of GRI upon its becoming a Class III rail carrier.
    The transaction will be consummated no sooner than August 13, 2010, 
the effective date of the exemption (30 days after the exemption was 
filed).
    GRI certifies that its projected annual revenues as a result of the 
transaction 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. Stay petitions must be filed by August 6, 2010 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35391, 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, Ill. 60604.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 23, 2010.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-18621 Filed 7-29-10; 8:45 am]
BILLING CODE 4915-01-P