South Dakota Railroad Authority-Acquisition and Operation Modification Exemption-BNSF Railway Company, 75238-75239 [05-24143]
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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 https://
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
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Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Notices
with one another at Aberdeen Yard or
on the State-owned trackage north of
Aberdeen via the Interchange Access
Line for traffic originating or
terminating on DM&E in South Dakota,
moving to or from points served by
Canadian Pacific Railway’s (CP’s)
network as it existed as of April 25,
2005, in (a) North Dakota (not including
the Dakota, Missouri Valley & Western
Railroad or CP-affiliated shortlines)
other than to or from industries which
are (as of April 25, 2005) jointly served
by CP and BNSF (e.g., industries at
Valley City and Minot), and (b) Canada
(including, but not limited to, Canadian
export ports and CP-affiliated
shortlines); provided such rights shall
extend only to movements of
agricultural commodities (STCCs 01 and
20), fertilizers, ethanol, bentonite, and
forest products, and provided further
that such rights shall be subject to
certain unit train restrictions for North
Dakota points as set forth in the
Amendment.
(3)(a) Subject to all other applicable
terms and conditions set forth in the
Amendment and other agreements
between BNSF and User, BNSF shall
permit User or its designee to
interchange with lessees and operators
of State-owned rail lines (as hereinafter
defined) all traffic (excluding coal and
intermodal traffic) originating or
terminating on said State-owned rail
lines.
(3)(b) In the event that traffic from the
State-owned rail lines is being moved
to/from Aberdeen by BNSF in haulage
service for said operators/lessees
pursuant to terms of a haulage
agreement, the interchange with BNSF
or the Rail Line operator shall occur at
Aberdeen Yard (or other location in the
Aberdeen vicinity at BNSF’s discretion)
on trackage designated by BNSF. In the
event that the traffic is being moved to
the Rail Line by the operators/lessees
pursuant to exercise of trackage rights
over BNSF trackage, such interchange
shall be performed on the Rail Line or,
if the operators/lessees request to
interchange at Aberdeen Yard and BNSF
local operating personnel consent
thereto, at such tracks in Aberdeen Yard
as may be designated by BNSF.
(3)(c) ‘‘State-owned rail lines’’ as
referenced herein refer to the Mitchell,
SD-Kadoka, SD Line and the Napa, SDPlatte, SD Line as those lines existed as
of April 25, 2005, and do not include
extensions which, in the future, may be
connected to or from these lines;
provided, however, ‘‘extensions’’ means
additions to the lines by way of
acquisition or construction of lines of
railroad, but does not include, or
otherwise prohibit interchange to/from
VerDate Aug<31>2005
18:59 Dec 16, 2005
Jkt 208001
the Rail Line of, rail traffic moving to/
from new industries located on the
State-owned rail lines subsequent to
April 25, 2005.
(4) Except as expressly provided
above, User or its designee shall not
move, or cause or allow to be moved,
on, over, or via the Rail Line or the
Interchange Access Line, traffic that
neither originates nor terminates on the
Rail Line.
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 allow User to
have expanded interchange rights at
Aberdeen.
As a condition to the exemption
invoked by User, any employees
affected by the trackage rights granted to
User in STB Finance Docket No. 34125
(Sub–No. 1) 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. 34125 (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 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 https://
www.stb.dot.gov.
Decided: December 9, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–24143 Filed 12–16–05; 8:45 am]
BILLING CODE 4915–01–P
PO 00000
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Fmt 4703
Sfmt 4703
75239
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34788]
Mitchell-Rapid City Regional Railroad
Authority and Dakota Southern
Railway Company—Trackage Rights
Exemption—BNSF Railway Company
BNSF Railway Company (BNSF) has
agreed to grant overhead trackage rights
to the Mitchell-Rapid City Regional
Railroad Authority (MRC, a political
subdivision of the State of South
Dakota) and the Dakota Southern
Railway Company (DSRC, a sublessee/
contract operator for MRC) (MRC and
DSRC are referred to collectively as
‘‘User’’) at Mitchell, SD: (1) Between
BNSF’s connection with DSRC, at
milepost (MP) 650.65, and DSRC-leased
tracks in BNSF’s Mitchell yard, at MP
650.16; and (2) between BNSF’s
Mitchell yard, at MP 650.16, and the
Grain Shuttle Facility at Mitchell, at MP
652.9. In addition to User’s right to
utilize the Mitchell yard pursuant to
other agreements, User shall also have
the right to ingress and egress the
Mitchell yard for the purpose of
‘‘running around’’ its train at Mitchell,
if operationally necessary to originate
traffic from or terminate traffic at the
Grain Shuttle Facility. The new rights
granted by BNSF apply only to traffic
that originates or terminates on the rail
line between Mitchell, SD, and Kadoka,
SD (as that line existed as of April 25,
2005), and that originates or terminates
at the Grain Shuttle Facility. Under the
agreement entered into by BNSF and
MRC/DSRC: MRC would be able to
utilize the new rights granted by BNSF
with another sublessee/contract
operator (other than a Class I or Class II
railroad or the Dakota, Minnesota &
Eastern Railroad Corporation); and, if
MRC ceases to be the lessee of the State
of South Dakota for the corridor
between Mitchell and Rapid City, SD,
the new rights granted by BNSF will be
automatically assigned to the State of
South Dakota.
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 allow MRC/
DSRC to move traffic between points on
the Mitchell-Kadoka Line and the Grain
Shuttle Facility at Mitchell.
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.—
E:\FR\FM\19DEN1.SGM
19DEN1
]]>Agencies
[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Pages 75238-75239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24143]
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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
[[Page 75239]]
with one another at Aberdeen Yard or on the State-owned trackage north
of Aberdeen via the Interchange Access Line for traffic originating or
terminating on DM&E in South Dakota, moving to or from points served by
Canadian Pacific Railway's (CP's) network as it existed as of April 25,
2005, in (a) North Dakota (not including the Dakota, Missouri Valley &
Western Railroad or CP-affiliated shortlines) other than to or from
industries which are (as of April 25, 2005) jointly served by CP and
BNSF (e.g., industries at Valley City and Minot), and (b) Canada
(including, but not limited to, Canadian export ports and CP-affiliated
shortlines); provided such rights shall extend only to movements of
agricultural commodities (STCCs 01 and 20), fertilizers, ethanol,
bentonite, and forest products, and provided further that such rights
shall be subject to certain unit train restrictions for North Dakota
points as set forth in the Amendment.
(3)(a) Subject to all other applicable terms and conditions set
forth in the Amendment and other agreements between BNSF and User, BNSF
shall permit User or its designee to interchange with lessees and
operators of State-owned rail lines (as hereinafter defined) all
traffic (excluding coal and intermodal traffic) originating or
terminating on said State-owned rail lines.
(3)(b) In the event that traffic from the State-owned rail lines is
being moved to/from Aberdeen by BNSF in haulage service for said
operators/lessees pursuant to terms of a haulage agreement, the
interchange with BNSF or the Rail Line operator shall occur at Aberdeen
Yard (or other location in the Aberdeen vicinity at BNSF's discretion)
on trackage designated by BNSF. In the event that the traffic is being
moved to the Rail Line by the operators/lessees pursuant to exercise of
trackage rights over BNSF trackage, such interchange shall be performed
on the Rail Line or, if the operators/lessees request to interchange at
Aberdeen Yard and BNSF local operating personnel consent thereto, at
such tracks in Aberdeen Yard as may be designated by BNSF.
(3)(c) ``State-owned rail lines'' as referenced herein refer to the
Mitchell, SD-Kadoka, SD Line and the Napa, SD-Platte, SD Line as those
lines existed as of April 25, 2005, and do not include extensions
which, in the future, may be connected to or from these lines;
provided, however, ``extensions'' means additions to the lines by way
of acquisition or construction of lines of railroad, but does not
include, or otherwise prohibit interchange to/from the Rail Line of,
rail traffic moving to/from new industries located on the State-owned
rail lines subsequent to April 25, 2005.
(4) Except as expressly provided above, User or its designee shall
not move, or cause or allow to be moved, on, over, or via the Rail Line
or the Interchange Access Line, traffic that neither originates nor
terminates on the Rail Line.
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 allow User to have expanded interchange rights at
Aberdeen.
As a condition to the exemption invoked by User, any employees
affected by the trackage rights granted to User in STB Finance Docket
No. 34125 (Sub-No. 1) 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. 34125 (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 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. 05-24143 Filed 12-16-05; 8:45 am]
BILLING CODE 4915-01-P
