[Federal Register Volume 61, Number 48 (Monday, March 11, 1996)]
[Notices]
[Page 9742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5696]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[Finance Docket No. 32506]


Ellis & Eastern Company--Acquisition, Operation, Joint Relocation 
Project, and Trackage Rights Exemptions--Brandon-Ellis, SD

AGENCY: Surface Transportation Board.

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the Act), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions and proceedings 
to the Surface Transportation Board (Board). Section 204(b)(1) of 
the Act provides, in general, that proceedings pending before the 
ICC on the effective date of that legislation shall be decided under 
the law in effect prior to January 1, 1996, insofar as they involve 
functions retained by the Act. This notice relates to a proceeding 
that was pending with the ICC prior to January 1, 1996, and to 
functions that are subject to Board jurisdiction pursuant to 49 
U.S.C. 10901 and 49 U.S.C. 11323. Therefore, this notice applies the 
law in effect prior to the Act, and citations are to the former 
sections of the statute, unless otherwise indicated.
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ACTION: Notice of exemption.

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SUMMARY: Under 49 U.S.C. 10505, the Board exempts from the prior 
approval requirements of (a) 49 U.S.C. 10901 the acquisition and 
operation by Ellis & Eastern Company of a 16.5-mile rail line between 
milepost 49.0, at or near Brandon, and milepost 65.5, at or near Ellis, 
in Minnehaha County, SD, and (b) 49 U.S.C. 11343-45, (i) the sale by 
Ellis & Eastern Company to Burlington Northern Railroad Company of a 
switching yard and the adjacent 2.0-mile line between mileposts 56.6 
and 58.6, all in Sioux Falls, SD, and the grant back of trackage rights 
over that line, (ii) the grant of additional trackage rights by 
Burlington Northern Railroad Company to Ellis & Eastern Company over a 
2.0-mile line between mileposts 54.6 and 56.6, also in Sioux Falls, and 
(iii) a joint relocation project involving the respective lines of 
Ellis & Eastern Company and Burlington Northern Railroad Company 
between mileposts 55.6 and 56.6, also in Sioux Falls. The exemptions 
for those transactions requiring prior approval under 49 U.S.C. 11343-
45 are subject to appropriate labor protective conditions.

DATES: The exemption will be effective April 10, 1996. Petitions to 
stay must be filed by March 26, 1996 and petitions to reopen must be 
filed by April 5, 1996.

ADDRESSES: An original and 10 copies of all pleadings, referring to 
Finance Docket No. 32506, must be filed with the Office of the 
Secretary, Case Control Branch, Surface Transportation Board, 1201 
Constitution Avenue NW., Washington, DC 20423. In addition, a copy of 
all pleadings must be served on Mark H. Sidman, WEINER, BRODSKY, SIDMAN 
& KIDER, P.C., Suite 800, 1350 New York Avenue NW., Washington, DC 
20005.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-5268. 
[TDD for the hearing-impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To purchase a copy of the decision, write to, call, 
or pick up in person from DC News & Data, Inc., Room 2229, Surface 
Transportation Board, Washington, DC 20423. Telephone: (202) 289-4357/
4359. [Assistance for the hearing-impaired is available through TDD 
services at (202) 927-5721.]

    Decided: February 26, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-5696 Filed 3-8-96; 8:45 am]
BILLING CODE 4915-00-P