Black Hills Transportation, Inc., d/b/a Deadwood, Black Hills & Western Railroad-Modified Rail Certificate, 57600-57601 [E6-15955]

Download as PDF 57600 Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Notices carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III carriers. If the verified notice 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. 34929, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Fritz R. Kahn, Fritz R. Kahn, PC, 1920 N St., NW., Eighth Floor, Washington, DC 20036–1601. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: September 22, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–16037 Filed 9–28–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Surface Transportation Board Surface Transportation Board Release of Waybill Data Release of Waybill Data The Surface Transportation Board has received a request from Mayer, Brown, Rowe & Maw on behalf of The BNSF Railway Company (BNSF) (WB461–13– 8/31/2006) for permission to use certain data from the Board’s Carload Waybill Samples. A copy of this request may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Mac Frampton, (202) 565– 1541. The Surface Transportation Board has received a request from Schmeltzer, Aptaker & Shepard, P.C. on behalf of Trinity Industries, Inc. (WB605–2—7/ 28/2006) for permission to use certain data from the Board’s 2005 Carload Waybill Sample. A copy of the requests may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Mac Frampton, (202) 565– 1541. Vernon A. Williams, Secretary. [FR Doc. E6–16039 Filed 9–28–06; 8:45 am] Vernon A. Williams, Secretary. [FR Doc. E6–16042 Filed 9–28–06; 8:45 am] BILLING CODE 4915–01–P BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Surface Transportation Board Surface Transportation Board jlentini on PROD1PC65 with NOTICES Release of Waybill Data The Surface Transportation Board has received a request from Baker & Miller, on behalf of the University of Denver’s Intermodal Transportation Institute (WB981–7/28/06), for permission to use certain data from the Board’s 1987–2005 Carload Waybill Samples. A copy of this request may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Mac Frampton, (202) 565– 1541. [STB Finance Docket No. 34924] The Surface Transportation Board has received a request from Michael Behe representing FRN, LLC (WB604–4—7/6/ 06) for permission to use certain data from the Board’s 2005 Carload Waybill Sample. A copy of this request may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Mac Frampton, (202) 565– 1541. Black Hills Transportation, Inc., d/b/a Deadwood, Black Hills & Western Railroad—Modified Rail Certificate Vernon A. Williams, Secretary. [FR Doc. E6–16041 Filed 9–28–06; 8:45 am] BILLING CODE 4915–01–P BILLING CODE 4915–01–P 20:43 Sep 28, 2006 Jkt 208001 Surface Transportation Board Release of Waybill Data Vernon A. Williams, Secretary. [FR Doc. E6–16038 Filed 9–28–06; 8:45 am] VerDate Aug<31>2005 DEPARTMENT OF TRANSPORTATION PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 On August 30, 2006, Black Hills Transportation, Inc., d/b/a Deadwood, Black Hills & Western Railroad (DBHWR), filed a notice for a modified certificate of public convenience and necessity under 49 CFR 1150, Subpart C, Modified Certificate of Public Convenience and Necessity, to operate approximately 9.01 miles of rail line extending from milepost 0.0, at Whitewood, to milepost 9.01, at Deadwood, in Lawrence County, SD. The line was formerly a portion of the Chicago & North Western Railway Company and was authorized for abandonment by the Interstate Commerce Commission in Chicago & North Western Railway Co.— Abandonment—Lawrence County, SD, Finance Docket No. 26079 (ICC served May 20, 1970). Although authorized for abandonment, the line was subsequently acquired by the State of South Dakota and ownership was E:\FR\FM\29SEN1.SGM 29SEN1 Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Notices ultimately passed to the Northern Hills Regional Railroad Authority (NHRRA). As operator of the line, DBHWR will provide both passenger and freight services pursuant to an operating agreement with NHRRA. Under the agreement, DBHWR expects to interchange with Dakota, Minnesota & Eastern Railroad at milepost 0.0, at Whitewood. DBHWR states that the period for operation is currently indefinite and that the agreement with NHRRA will be amended or supplanted prior to actual commencement of operations. The rail segment qualifies for a modified certificate of public convenience and necessity. See Common Carrier Status of States, State Agencies and Instrumentalities and Political Subdivisions, Finance Docket No. 28990F (ICC served July 16, 1981). DBHWR states that the line will require reconstruction for operational purposes and the imposition of certain preconditions to ensure that construction and operation costs are recoverable. DBHWR indicates that commencement of rehabilitation or operations will be contingent upon shippers meeting the following preconditions: (a) Entry into binding written commitments to provide funding for restoration purposes equal to a sum no less than $13,000,000; 1 and (b) entry into binding written commitments sufficient to assure car loadings (or payments in lieu thereof) in an amount no less than 1,000 carloads per year (an amount judged adequate to cover all costs associated with maintenance, operation and capitalization of the line). DBHWR indicates that no subsidy is involved. DBHWR also indicates that it sum may be increased in the event a third party engineering study identifies needs requiring a greater amount of rehabilitation necessary to improve the facilities in order to achieve 25 mph operation in accordance with applicable standards. jlentini on PROD1PC65 with NOTICES 1 This VerDate Aug<31>2005 20:43 Sep 28, 2006 Jkt 208001 has obtained liability insurance coverage, and will obtain additional insurance when it commences rehabilitation or actual operation. This notice will be served on the Association of American Railroads (Car Service Division) as agent for all railroads subscribing to the car-service and car-hire agreement: Association of American Railroads, 50 F Street, NW., Washington, DC 20001; and on the American Short Line and Regional Railroad Association: American Short Line and Regional Railroad Association, 50 F Street, NW., Suite 7020, Washington, DC 20001. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: September 21, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–15955 Filed 9–28–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34928] SMS Rail Lines of New York, LLC— Acquisition and Operation Exemption—Northeastern Industrial Park, Inc. SMS Rail Lines of New York, LLC (SMSNY), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire by lease from Northeastern Industrial Park, Inc., and to operate approximately 15 miles of rail line in the Northeastern Industrial Park, Guilderland Center 12085, Albany County, NY.1 1 The rail lines extend from connections with the Canadian Pacific Railway at milepost 11.4 on the railroad’s Vorheesville Running Track. There is a PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 57601 This transaction is related to STB Finance Docket No. 34929, Jeffrey L. Sutch—Continuance in Control Exemption—SMS Rail Lines of New York, LLC, wherein Jeffrey L. Sutch has concurrently filed a verified notice of exemption to continue in control of SMSNY, upon its becoming a Class III rail carrier.2 SMSNY certifies that the projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier, and further certifies that its projected annual revenues will not exceed $5 million. The transaction was scheduled to be consummated on or after September 8, 2006. If the notice 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. 34928, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Fritz R. Kahn, Fritz R. Kahn, PC, 1920 N St., NW., Eighth Floor, Washington, DC 20036–1601. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: September 22, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–16036 Filed 9–28–06; 8:45 am] BILLING CODE 4915–01–P separate connection with a rail line of CSX Transportation, Inc. 2 Mr. Sutch also controls SMS Rail Service, Inc., a Class III rail carrier. E:\FR\FM\29SEN1.SGM 29SEN1

Agencies

[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Notices]
[Pages 57600-57601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15955]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34924]


Black Hills Transportation, Inc., d/b/a Deadwood, Black Hills & 
Western Railroad--Modified Rail Certificate

    On August 30, 2006, Black Hills Transportation, Inc., d/b/a 
Deadwood, Black Hills & Western Railroad (DBHWR), filed a notice for a 
modified certificate of public convenience and necessity under 49 CFR 
1150, Subpart C, Modified Certificate of Public Convenience and 
Necessity, to operate approximately 9.01 miles of rail line extending 
from milepost 0.0, at Whitewood, to milepost 9.01, at Deadwood, in 
Lawrence County, SD.
    The line was formerly a portion of the Chicago & North Western 
Railway Company and was authorized for abandonment by the Interstate 
Commerce Commission in Chicago & North Western Railway Co.--
Abandonment--Lawrence County, SD, Finance Docket No. 26079 (ICC served 
May 20, 1970). Although authorized for abandonment, the line was 
subsequently acquired by the State of South Dakota and ownership was

[[Page 57601]]

ultimately passed to the Northern Hills Regional Railroad Authority 
(NHRRA).
    As operator of the line, DBHWR will provide both passenger and 
freight services pursuant to an operating agreement with NHRRA. Under 
the agreement, DBHWR expects to interchange with Dakota, Minnesota & 
Eastern Railroad at milepost 0.0, at Whitewood. DBHWR states that the 
period for operation is currently indefinite and that the agreement 
with NHRRA will be amended or supplanted prior to actual commencement 
of operations.
    The rail segment qualifies for a modified certificate of public 
convenience and necessity. See Common Carrier Status of States, State 
Agencies and Instrumentalities and Political Subdivisions, Finance 
Docket No. 28990F (ICC served July 16, 1981).
    DBHWR states that the line will require reconstruction for 
operational purposes and the imposition of certain preconditions to 
ensure that construction and operation costs are recoverable. DBHWR 
indicates that commencement of rehabilitation or operations will be 
contingent upon shippers meeting the following preconditions: (a) Entry 
into binding written commitments to provide funding for restoration 
purposes equal to a sum no less than $13,000,000; \1\ and (b) entry 
into binding written commitments sufficient to assure car loadings (or 
payments in lieu thereof) in an amount no less than 1,000 carloads per 
year (an amount judged adequate to cover all costs associated with 
maintenance, operation and capitalization of the line).
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    \1\ This sum may be increased in the event a third party 
engineering study identifies needs requiring a greater amount of 
rehabilitation necessary to improve the facilities in order to 
achieve 25 mph operation in accordance with applicable standards.
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    DBHWR indicates that no subsidy is involved. DBHWR also indicates 
that it has obtained liability insurance coverage, and will obtain 
additional insurance when it commences rehabilitation or actual 
operation.
    This notice will be served on the Association of American Railroads 
(Car Service Division) as agent for all railroads subscribing to the 
car-service and car-hire agreement: Association of American Railroads, 
50 F Street, NW., Washington, DC 20001; and on the American Short Line 
and Regional Railroad Association: American Short Line and Regional 
Railroad Association, 50 F Street, NW., Suite 7020, Washington, DC 
20001.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: September 21, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-15955 Filed 9-28-06; 8:45 am]
BILLING CODE 4915-01-P