BNSF Railway Company-Acquisition and Operation Exemption-State of South Dakota, 75242 [05-24140]

Download as PDF 75242 Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Notices operator of all or a part of the Existing Hawarden Line acting as agent for SVRRA or otherwise assigned in whole to an entity acquiring ownership of or a leasehold interest in the Existing Hawarden Line, provided such operator is not DM&E or a successor thereto, or a Class I or Class II Railroad. The trackage rights granted by BNSF were scheduled to become effective on or after December 6, 2005. The purpose of the trackage rights is to facilitate D&I access to additional markets. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605, 610–15 (1978), as modified in Mendocino Coast Ry., Inc.— Lease and Operate, 360 I.C.C. 653, 664 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If it 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 STB Finance Docket No. 34685 (Sub-No. 1), must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on D&I’s representative: Edward J. Krug, Krug Law Firm, PLC, 401 First Street, SE., P.O. Box 186, Cedar Rapids, IA 52406. Board decisions and notices are available on its Web site at http:// www.stb.dot.gov. Decided: December 9, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–24148 Filed 12–16–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34794] BNSF Railway Company—Acquisition and Operation Exemption—State of South Dakota BNSF Railway Company (BNSF), a Class I rail carrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 368 route miles of railroad lines, referred to as the ‘‘Core Lines,’’ that are owned by the State of VerDate Aug<31>2005 18:59 Dec 16, 2005 Jkt 208001 South Dakota (the State). These lines, which are described in a July 10, 1986 Operating Agreement between a BNSF predecessor (Burlington Northern Railroad Company) and the State, extend principally: between milepost (MP) 777.0 near Aberdeen, SD, and MP 650.6 near Mitchell, SD; between MP 518.9 near Sioux City, IA, and MP 649.7 near Mitchell, SD; between MP 293.1 near Canton, SD, and MP 650.6 near Mitchell, SD; between MPs 74.1 and 68.8 in Sioux Falls, SD; between MP 68.8 near Sioux Falls, SD, and MP 49.4 near Canton, SD; and between MPs 511.9 and 518.9 in Sioux City, IA. The Core Lines were once part of the rail system operated by the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (the Milwaukee Road). The Milwaukee Road entered bankruptcy in 1977, and, in 1980, it received, both from the Interstate Commerce Commission (ICC) and from the bankruptcy court, approval to abandon the Core Lines. In 1981, the abandoned Core Lines were acquired by the State, and, since on or about July 6, 1981, BNSF has provided common carrier rail service over the Core Lines pursuant to various agreements (the most recent of which is the 1986 Operating Agreement) with the State, and pursuant to a Modified Certificate of Public Convenience and Necessity (the modified certificate) issued by the ICC. See 49 CFR Part 1150, Subpart C (§ 1150.21 et seq.) (these are the ‘‘modified certificate’’ regulations that apply to operations over abandoned rail lines that have been acquired, through purchase or lease, by a State). Because the Core Lines were abandoned by the Milwaukee Road, BNSF has invoked the notice of exemption procedures at 49 CFR Part 1150, Subpart D (§ 1150.31 et seq.) (these are the regulations that apply to acquisitions and operations under § 10901). See The Burlington Northern and Santa Fe Railway Company— Acquisition and Operation Exemption— Lac Qui Parle Regional Railroad Authority, STB Finance Docket No. 33364 (STB served Apr. 15, 1997); —Burlington Northern Railroad Company—Acquisition and Operation Exemption—South Dakota Railroad Authority, Finance Docket No. 32017 (ICC served Apr. 2, 1992). BNSF has stated that the ‘‘acquisition’’ authority encompassed by its exemption notice was expected to be effective on December 6, 2005, and that ‘‘operations’’ under its exemption notice were expected to begin on or after that date. If the verified notice contains false or misleading information, the exemption PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 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 does not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34794, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on BNSF’s representative: Adrian L. Steel, Jr., Mayer, Brown, Rowe & Maw LLP, 1909 K Street, NW., Washington, DC 20006– 1101. Board decisions and notices are available on its Web site at http:// www.stb.dot.gov. Decided: December 9, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–24140 Filed 12–16–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8569 Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Pub. L. 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8569, Geographic Availability Statement. DATES: Written comments should be received on or before February 17, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224, or at (202) 622– 3179, or through the internet at (Larnice.Mack@irs.gov). E:\FR\FM\19DEN1.SGM 19DEN1

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[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Page 75242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24140]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34794]


BNSF Railway Company--Acquisition and Operation Exemption--State 
of South Dakota

    BNSF Railway Company (BNSF), a Class I rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire and 
operate approximately 368 route miles of railroad lines, referred to as 
the ``Core Lines,'' that are owned by the State of South Dakota (the 
State). These lines, which are described in a July 10, 1986 Operating 
Agreement between a BNSF predecessor (Burlington Northern Railroad 
Company) and the State, extend principally: between milepost (MP) 777.0 
near Aberdeen, SD, and MP 650.6 near Mitchell, SD; between MP 518.9 
near Sioux City, IA, and MP 649.7 near Mitchell, SD; between MP 293.1 
near Canton, SD, and MP 650.6 near Mitchell, SD; between MPs 74.1 and 
68.8 in Sioux Falls, SD; between MP 68.8 near Sioux Falls, SD, and MP 
49.4 near Canton, SD; and between MPs 511.9 and 518.9 in Sioux City, 
IA.
    The Core Lines were once part of the rail system operated by the 
Chicago, Milwaukee, St. Paul and Pacific Railroad Company (the 
Milwaukee Road). The Milwaukee Road entered bankruptcy in 1977, and, in 
1980, it received, both from the Interstate Commerce Commission (ICC) 
and from the bankruptcy court, approval to abandon the Core Lines. In 
1981, the abandoned Core Lines were acquired by the State, and, since 
on or about July 6, 1981, BNSF has provided common carrier rail service 
over the Core Lines pursuant to various agreements (the most recent of 
which is the 1986 Operating Agreement) with the State, and pursuant to 
a Modified Certificate of Public Convenience and Necessity (the 
modified certificate) issued by the ICC. See 49 CFR Part 1150, Subpart 
C (Sec.  1150.21 et seq.) (these are the ``modified certificate'' 
regulations that apply to operations over abandoned rail lines that 
have been acquired, through purchase or lease, by a State).
    Because the Core Lines were abandoned by the Milwaukee Road, BNSF 
has invoked the notice of exemption procedures at 49 CFR Part 1150, 
Subpart D (Sec.  1150.31 et seq.) (these are the regulations that apply 
to acquisitions and operations under Sec.  10901). See The Burlington 
Northern and Santa Fe Railway Company--Acquisition and Operation 
Exemption--Lac Qui Parle Regional Railroad Authority, STB Finance 
Docket No. 33364 (STB served Apr. 15, 1997); --Burlington Northern 
Railroad Company--Acquisition and Operation Exemption--South Dakota 
Railroad Authority, Finance Docket No. 32017 (ICC served Apr. 2, 1992).
    BNSF has stated that the ``acquisition'' authority encompassed by 
its exemption notice was expected to be effective on December 6, 2005, 
and that ``operations'' under its exemption notice were expected to 
begin on or after that date.
    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 does not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34794, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on BNSF's representative: Adrian 
L. Steel, Jr., Mayer, Brown, Rowe & Maw LLP, 1909 K Street, NW., 
Washington, DC 20006-1101.
    Board decisions and notices are available on its Web site at http:/
/www.stb.dot.gov.

    Decided: December 9, 2005.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-24140 Filed 12-16-05; 8:45 am]
BILLING CODE 4915-01-P