[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Notices]
[Page 23806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9594]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35607]


Manning Rail, Inc.--Acquisition and Operation Exemption--Manning 
Grain Company

    Manning Rail, Inc. (MRI), a noncarrier, has filed a verified notice 
of exemption \1\ under 49 CFR 1150.31 to acquire from Manning Grain 
Company (MGC) 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).\2\
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    \1\ MRI initially filed its verified notice of exemption on 
March 8, 2012. By decision served on March 20, 2012, the notice was 
held in abeyance at MRI's request to enable MRI to investigate the 
history of the line. By letter filed on March 22, 2012, MRI requests 
that the proceeding be restored to active status.
    \2\ MGC obtained authority to acquire the Line in Manning Grain 
Company--Acquisition and Operation Exemption--Fillmore Western 
Railway Company, FD 35612 (STB served Apr. 6, 2012).
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    The earliest this transaction may be consummated is May 4, 2012, 
the effective date of the exemption.
    MRI certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million.
    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 27, 2012 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35607, 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 17, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-9594 Filed 4-19-12; 8:45 am]
BILLING CODE 4915-01-P