[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Notices]
[Pages 60492-60493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24583]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35423]


Freightcar Short Line, Inc.--Acquisition and Operation 
Exemption--Line of Cornhusker Railways, LLC

    FreightCar Short Line, Inc. (FCSL), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire and 
operate approximately 5.00 miles of rail line (Line) owned by 
Cornhusker Railways, LLC (CHR).\1\ The Line is located just west of 
Grand Island, Neb., extending 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 
County Road 27 near UP milepost 154.50 in Alda, Neb.\2\
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    \1\ FreightCar Rail Services, LLC (FCRS), an affiliate of FCSL, 
has executed an Asset Purchase Agreement with CHR and CHR's parent 
for acquisition of the Line but is assigning its right to acquire 
and operate the Line to FCSL.
    \2\ Prior to 2005, the Line was private track associated with a 
U.S. Army ordinance plant. In 2004, the Line was acquired by DTE 
Rail Services, Inc. (DTERS), for use in the construction and 
operation of a railcar repair facility being developed on the site. 
In 2005, DTERS transferred the Line to its affiliate, CHR, to 
provide common carrier service for other potential shippers who 
might locate on the former Army site. See Cornhusker Rys., LLC--Acq. 
and Oper. Exemp.--Rail Line of DTE Rail Services, Inc., FD 34719 
(STB served July 20, 2005).

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[[Page 60493]]

    FCSL certifies that its projected revenues as a result of the 
transaction will not exceed those that would qualify it as a Class III 
rail carrier and will not exceed $5 million.
    The transaction is scheduled to be consummated on or after October 
14, 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 transaction.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35423, 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 J. Litwiler, 29 North Wacker Drive, 
Suite 920, Chicago, Ill. 60606.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 27, 2010.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-24583 Filed 9-29-10; 8:45 am]
BILLING CODE 4915-01-P