Dakota, Minnesota & Eastern Railroad Corporation-Trackage Rights Exemption-BNSF Railway Company, 75240 [05-24145]
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75240
Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Notices
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. 34788, 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. 05–24144 Filed 12–16–05; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34789]
Dakota, Minnesota & Eastern Railroad
Corporation—Trackage Rights
Exemption—BNSF Railway Company
BNSF Railway Company (BNSF) has
agreed to supplement existing trackage
rights of the Dakota, Minnesota &
Eastern Railroad Corporation (DM&E) at
Aberdeen, SD, as explained herein.
DM&E has existing trackage rights on
BNSF’s track at Aberdeen pursuant to a
1975 agreement between the Chicago,
Milwaukee, St. Paul & Pacific
(predecessor-in-interest of BNSF) and
the Chicago and North Western
Transportation Company (predecessorin-interest of DM&E), which agreement
was amended in 1986 (the 1975
agreement and the 1986 amendment are
collectively referred to herein as the
Agreement). The State of South Dakota,
acting through the State Department of
Transportation, as successor-in-interest
to the South Dakota Railroad Authority
(herein referred to as the State), owns
the tracks between Aberdeen and
Kidder, SD (herein referred to as the
Rail Line). In addition to the trackage
and interchange rights granted under
the Agreement, BNSF will permit DM&E
and the State (or the State’s designee,
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18:59 Dec 16, 2005
Jkt 208001
i.e., the State’s contract operator acting
as agent for the State) to interchange
DM&E’s traffic at Aberdeen in
connection with the movement of traffic
moving to, from, or via the Rail Line
pursuant to the provisions outlined
below.
(1) BNSF will permit DM&E and the
State (or the State’s designee) to
interchange with one another in BNSF’s
Aberdeen Yard via the Interchange
Access Line (the tracks on BNSF’s
Geneseo Subdivision between mileposts
118.60 and 115.08) without restrictions
for traffic which either originates or
terminates on the Rail Line.
(2) BNSF will permit DM&E and the
State (or the State’s designee) to
interchange with one another at
Aberdeen Yard 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 interchange
rights extend only to movements of
agricultural commodities (STCC’s 01
and 20), fertilizers, ethanol, bentonite
clay, and forest products, and further
subject to certain unit train restrictions
pertaining to North Dakota points.
(3) BNSF will permit DM&E to use the
Interchange Access Line in conjunction
with DM&E’s existing trackage rights in
order to facilitate interchange of cars
between DM&E and the State, by and
through the State’s designee, on the
State-owned trackage north of
Aberdeen, subject to certain restrictions.
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 DM&E
to enjoy, at Aberdeen, expanded
interchange access for traffic moving to,
from, or via the Aberdeen-Kidder Line.
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
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
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. 34789, 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 DM&E’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. 05–24145 Filed 12–16–05; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34787]
D&I Railroad Company—Trackage
Rights Exemption—BNSF Railway
Company
BNSF Railway Company (BNSF) has
agreed to grant 159.2 miles of limited
overhead trackage rights to D&I Railroad
Company (D&I) between Sioux Falls,
SD, at milepost (MP) 74.1 (MP 74.1 is
just north of West Junction, SD), and
Wolsey, SD, at MP 707.0 (MP 707.0 is
north of the diamond crossing of the
Dakota, Minnesota & Eastern
Corporation (DM&E) at Wolsey). The
trackage rights run: between Sioux Falls,
SD, and Canton, SD; between Canton,
SD, and Mitchell, SD; and between
Mitchell, SD, and Wolsey, SD. The
trackage rights apply only to the
movement of aggregates (STCC series
14219, 14412, 14413, and 14919)
moving in cars in D&I’s account,
originating at Dell Rapids, SD,
interchanged to DM&E at Wolsey, SD,
and terminating at DM&E-served
destinations in South Dakota (provided,
however, that DM&E may transport such
aggregates beyond South Dakota where
necessary for DM&E’s operations).
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 D&I to
move certain shipments of aggregates
from Dell Rapids to Wolsey.
As a condition to this exemption, any
employees affected by the trackage
E:\FR\FM\19DEN1.SGM
19DEN1
]]>Agencies
[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Page 75240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24145]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34789]
Dakota, Minnesota & Eastern Railroad Corporation--Trackage Rights
Exemption--BNSF Railway Company
BNSF Railway Company (BNSF) has agreed to supplement existing
trackage rights of the Dakota, Minnesota & Eastern Railroad Corporation
(DM&E) at Aberdeen, SD, as explained herein. DM&E has existing trackage
rights on BNSF's track at Aberdeen pursuant to a 1975 agreement between
the Chicago, Milwaukee, St. Paul & Pacific (predecessor-in-interest of
BNSF) and the Chicago and North Western Transportation Company
(predecessor-in-interest of DM&E), which agreement was amended in 1986
(the 1975 agreement and the 1986 amendment are collectively referred to
herein as the Agreement). The State of South Dakota, acting through the
State Department of Transportation, as successor-in-interest to the
South Dakota Railroad Authority (herein referred to as the State), owns
the tracks between Aberdeen and Kidder, SD (herein referred to as the
Rail Line). In addition to the trackage and interchange rights granted
under the Agreement, BNSF will permit DM&E and the State (or the
State's designee, i.e., the State's contract operator acting as agent
for the State) to interchange DM&E's traffic at Aberdeen in connection
with the movement of traffic moving to, from, or via the Rail Line
pursuant to the provisions outlined below.
(1) BNSF will permit DM&E and the State (or the State's designee)
to interchange with one another in BNSF's Aberdeen Yard via the
Interchange Access Line (the tracks on BNSF's Geneseo Subdivision
between mileposts 118.60 and 115.08) without restrictions for traffic
which either originates or terminates on the Rail Line.
(2) BNSF will permit DM&E and the State (or the State's designee)
to interchange with one another at Aberdeen Yard 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
interchange rights extend only to movements of agricultural commodities
(STCC's 01 and 20), fertilizers, ethanol, bentonite clay, and forest
products, and further subject to certain unit train restrictions
pertaining to North Dakota points.
(3) BNSF will permit DM&E to use the Interchange Access Line in
conjunction with DM&E's existing trackage rights in order to facilitate
interchange of cars between DM&E and the State, by and through the
State's designee, on the State-owned trackage north of Aberdeen,
subject to certain restrictions.
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 DM&E to enjoy, at Aberdeen, expanded interchange
access for traffic moving to, from, or via the Aberdeen-Kidder Line.
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. 34789, 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 DM&E'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. 05-24145 Filed 12-16-05; 8:45 am]
BILLING CODE 4915-01-P
