Dakota, Minnesota & Eastern Railroad Corporation and Iowa, Chicago & Eastern Railroad Corporation-Temporary Trackage Rights Exemption-BNSF Railway Company, 75238 [05-24141]

Download as PDF 75238 Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Notices operate CMVs in interstate commerce.1 The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of TEA–21. Section 4129 requires two substantive changes to be made in the current exemption process set out in the September 3, 2003 Notice. As required by section 4129(b) and (c), the changes are: (1) Elimination of the requirement for three years of experience operating CMVs while being treated with insulin; and (2) establishment of a specified minimum period of insulin dose to demonstrate stable control of diabetes before being allowed to operate a CMV. In order to accomplish these changes within the 90-day time frame established by section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 Notice. These revisions were those necessary to respond to the specific changes mandated by section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the necessary level of safety as also required by section 4129(a). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 Notice, except as modified, were in compliance with section 4129(d). All of the requirements set out in the September 3, 2003 Notice, except as modified in the Notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. Issued on: December 13, 2005. Annette M. Sandberg, Administrator. [FR Doc. E5–7494 Filed 12–16–05; 8:45 am] BILLING CODE 4910–EX–P 1 Section 4129(a) refers to the 2003 Notice as a ‘‘final rule.’’ However, the 2003 Notice did not issue a ‘‘final rule,’’ but did establish the procedures and standards for issuing exemptions for drivers with ITDM. VerDate Aug<31>2005 18:59 Dec 16, 2005 Jkt 208001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34790] Dakota, Minnesota & Eastern Railroad Corporation and Iowa, Chicago & Eastern Railroad Corporation— Temporary Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company (BNSF) has agreed to grant temporary trackage rights to the Dakota, Minnesota & Eastern Railroad Corporation (DM&E) and the Iowa, Chicago & Eastern Railroad Corporation (IC&E) (DM&E and IC&E are referred to collectively as ‘‘User’’) between milepost (MP) 146.0 on BNSF’s Corson Subdivision at Sioux Falls, SD, and MP 705.5 on BNSF’s Aberdeen Subdivision at Wolsey, SD, a distance of 149.8 miles, solely for the overhead movement of User’s business cars (and engines and end-of-train devices required to operate those business cars). The trackage rights run: between Sioux Falls, SD, and Canton, SD; between Canton, SD, and Mitchell, SD; and between Mitchell, SD, and Wolsey, SD. These trackage rights were scheduled to be effective on or after December 6, 2005, and the authorization for these trackage rights will expire one year after the effective date. However, although the term of the temporary trackage rights agreement is for no more than one year, BNSF has also agreed that, for a period of 10 years from the effective date of that agreement, BNSF shall agree to DM&E’s requests to establish new annual temporary trackage rights arrangements on the same terms, provided that the temporary trackage rights agreement shall not have terminated early as a result of material default of DM&E, and further provided that DM&E shall not otherwise be in material default of the terms of the agreement. As a condition to this exemption, any employees affected by the acquisition of the temporary 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), and any employees affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91, 98–103 (1979). This notice is filed under 49 CFR 1180.2(d)(8). 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) PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 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. 34790, 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 User’s representative: Michael J. Barron, Jr., Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606– 2875. 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. 05–24141 Filed 12–16–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34125 (Sub–No. 1)] South Dakota Railroad Authority— Acquisition and Operation Modification Exemption—BNSF Railway Company BNSF Railway Company (BNSF) has agreed to amend existing operating rights of the South Dakota Department of Transportation, successor in interest to the South Dakota Railroad Authority (User), at Aberdeen, SD, pursuant to an amendment (Amendment) to an existing agreement. Pursuant to the Amendment, BNSF has agreed to grant User and its designee the right to interchange traffic on and/or via BNSF-owned trackage at Aberdeen in connection with the movement of the traffic to, from, or via User’s tracks between Kidder, SD, and Aberdeen, SD (the ‘‘Rail Line’’) pursuant to the terms outlined below. (1) Subject to all other applicable terms and conditions set forth in the Amendment, BNSF shall permit the Dakota, Minnesota & Eastern Railroad Corporation (DM&E) and User or its designee to interchange with one another at Aberdeen Yard via the Interchange Access Line (as that is defined in an agreement between the parties) without restrictions for traffic which either originates or terminates on the Rail Line. (2) Subject to all other applicable terms and conditions set forth in the Amendment, BNSF shall permit DM&E and User or its designee to interchange E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Page 75238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24141]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34790]


Dakota, Minnesota & Eastern Railroad Corporation and Iowa, 
Chicago & Eastern Railroad Corporation--Temporary Trackage Rights 
Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF) has agreed to grant temporary trackage 
rights to the Dakota, Minnesota & Eastern Railroad Corporation (DM&E) 
and the Iowa, Chicago & Eastern Railroad Corporation (IC&E) (DM&E and 
IC&E are referred to collectively as ``User'') between milepost (MP) 
146.0 on BNSF's Corson Subdivision at Sioux Falls, SD, and MP 705.5 on 
BNSF's Aberdeen Subdivision at Wolsey, SD, a distance of 149.8 miles, 
solely for the overhead movement of User's business cars (and engines 
and end-of-train devices required to operate those business cars). The 
trackage rights run: between Sioux Falls, SD, and Canton, SD; between 
Canton, SD, and Mitchell, SD; and between Mitchell, SD, and Wolsey, SD. 
These trackage rights were scheduled to be effective on or after 
December 6, 2005, and the authorization for these trackage rights will 
expire one year after the effective date. However, although the term of 
the temporary trackage rights agreement is for no more than one year, 
BNSF has also agreed that, for a period of 10 years from the effective 
date of that agreement, BNSF shall agree to DM&E's requests to 
establish new annual temporary trackage rights arrangements on the same 
terms, provided that the temporary trackage rights agreement shall not 
have terminated early as a result of material default of DM&E, and 
further provided that DM&E shall not otherwise be in material default 
of the terms of the agreement.
    As a condition to this exemption, any employees affected by the 
acquisition of the temporary 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), and any employees 
affected by the discontinuance of those trackage rights will be 
protected by the conditions set out in Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91, 98-103 (1979).
    This notice is filed under 49 CFR 1180.2(d)(8). 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. 34790, 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 User's representative: Michael 
J. Barron, Jr., Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 
920, Chicago, IL 60606-2875.
    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. 05-24141 Filed 12-16-05; 8:45 am]
BILLING CODE 4915-01-P