Sioux Valley Regional Railroad Authority and D&I Railroad Company-Trackage Rights Exemption-BNSF Railway Company, 75241 [05-24147]

Download as PDF Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Notices 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. 34787, 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. 05–24146 Filed 12–16–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34786] Sioux Valley Regional Railroad Authority and D&I Railroad Company— Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company (BNSF) has agreed to grant 136.70 miles of limited overhead trackage rights to Sioux Valley Regional Railroad Authority (SVRRA) and D&I Railroad Company (D&I): (1) On the Canton subdivision in Canton, SD, between milepost (MP) 49.40 and MP 50.01; (2) on the Mitchell subdivision between Canton, SD, at MP 294.80, and Mitchell, SD, at MP 373.58; and (3) on the Aberdeen subdivision between Mitchell, SD, at MP 649.69, and Wolsey, SD, at MP 707.00 (MP 707.00 is located north of the diamond crossing of the Dakota, Minnesota & Eastern Railroad Corporation (DM&E) at Wolsey). These trackage rights apply only to the movement of aggregates (STCC series 14219, 14412, 14413, and 14919) moving in cars in SVRRA’s or D&I’s account, originating at Hawarden, IA, VerDate Aug<31>2005 18:59 Dec 16, 2005 Jkt 208001 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 agreement entered into by BNSF, on the one hand, and, on the other hand, SVRRA (a political subdivision of the State of South Dakota) and D&I (a sublessee/contract operator for SVRRA) provides that SVRRA can utilize the trackage rights with another sublessee/ contract operator, subject to certain restrictions. The agreement further provides that, subject to certain restrictions, the trackage rights may be assigned to any lessee of the State of South Dakota for the line known as the Canton-Elk Point Corridor or to a party that acquires the Canton-Elk Point Corridor. 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 SVRRA/D&I to move certain commodities pursuant to the trackage rights. 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. 34786, 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 SVRRA’s and 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. 05–24147 Filed 12–16–05; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 75241 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34685 (Sub–No. 1)] D&I Railroad Company—Trackage Rights Exemption—BNSF Railway Company Pursuant to an earlier trackage rights agreement between BNSF Railway Company (BNSF) and D&I Railroad Company (D&I), D&I presently has overhead trackage rights over BNSF tracks: (a) In Sioux Falls, SD, between milepost (MP) 71.5 (East Junction) and MP 74.1 (just north of West Junction), between MPs 0.0 and 1.09 on the Madison Subdivision, and between MPs 145.45 and 145.91 on the Corson subdivision; (b) between Sioux Falls, SD (MP 69.9), and Canton, SD (MP 49.9), on the Canton Subdivision; and (c) between South Wye Switch, SD (MP 533.4, just south of Elk Point, SD) (formerly known as East Wye Switch and also referenced as Elk Point), and Sioux City, IA (MP 512.6), on the Aberdeen subdivision. BNSF has agreed to grant the following additional overhead trackage rights to D&I: (1) At Canton, D&I’s Sioux Falls-Canton trackage rights will be extended from MP 49.9 to MP 49.4 (Engineering Survey Number 6651.08=97+08.5 E.C.), where centerline of track leaves BNSF property and enters Sioux Valley Regional Railroad Authority (SVRRA) property; (2) D&I’s South Wye Switch-Sioux City trackage rights will be extended from MP 512.6 to just east of Steuben Street, MP 512.36; (3) D&I will also receive additional operating rights on BNSF’s ‘‘Blood Line’’ in Sioux City, solely for the purpose of effecting interchange with Union Pacific Railroad Company (UP) and Canadian National Railway Company (CN) at Sioux City, until such time as a direct connection to UP and CN is built, as contemplated in a letter agreement between BNSF and the State of South Dakota (the State), dated November 22, 2005. Under the agreement with BNSF, the rights granted to D&I pertaining to movement of traffic between Canton and South Wye Switch, including Beresford, SD, to Hawarden, IA (as those lines existed as of April 25, 2005) (the ‘‘Existing Hawarden Line’’), shall automatically be assigned to any State lessee of the Existing Hawarden Line who succeeds SVRRA as lessee, other than the Dakota, Minnesota & Eastern Railroad Corporation (DM&E) or a successor thereto, or a Class I or Class II railroad, and may be assigned by SVRRA and its successor to another E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Page 75241]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24147]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34786]


Sioux Valley Regional Railroad Authority and D&I Railroad 
Company--Trackage Rights Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF) has agreed to grant 136.70 miles of 
limited overhead trackage rights to Sioux Valley Regional Railroad 
Authority (SVRRA) and D&I Railroad Company (D&I): (1) On the Canton 
subdivision in Canton, SD, between milepost (MP) 49.40 and MP 50.01; 
(2) on the Mitchell subdivision between Canton, SD, at MP 294.80, and 
Mitchell, SD, at MP 373.58; and (3) on the Aberdeen subdivision between 
Mitchell, SD, at MP 649.69, and Wolsey, SD, at MP 707.00 (MP 707.00 is 
located north of the diamond crossing of the Dakota, Minnesota & 
Eastern Railroad Corporation (DM&E) at Wolsey). These trackage rights 
apply only to the movement of aggregates (STCC series 14219, 14412, 
14413, and 14919) moving in cars in SVRRA's or D&I's account, 
originating at Hawarden, IA, 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 agreement entered into by 
BNSF, on the one hand, and, on the other hand, SVRRA (a political 
subdivision of the State of South Dakota) and D&I (a sublessee/contract 
operator for SVRRA) provides that SVRRA can utilize the trackage rights 
with another sublessee/contract operator, subject to certain 
restrictions. The agreement further provides that, subject to certain 
restrictions, the trackage rights may be assigned to any lessee of the 
State of South Dakota for the line known as the Canton-Elk Point 
Corridor or to a party that acquires the Canton-Elk Point Corridor.
    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 SVRRA/D&I to move certain commodities pursuant to 
the trackage rights.
    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. 34786, 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 SVRRA's and 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. 05-24147 Filed 12-16-05; 8:45 am]
BILLING CODE 4915-01-P