D&I Railroad Company-Trackage Rights Exemption-BNSF Railway Company, 75241-75242 [05-24148]

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 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

Agencies

[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Pages 75241-75242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24148]


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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

[[Page 75242]]

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