[Federal Register Volume 66, Number 130 (Friday, July 6, 2001)]
[Notices]
[Pages 35691-35692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16934]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34065]


Ellis & Eastern Company--Trackage Rights Exemption--The 
Burlington Northern and Santa Fe Railway Company

    The Burlington Northern and Santa Fe Railway Company (BNSF) has 
agreed to grant limited local trackage rights\1\ to Ellis & Eastern 
Company (EE) over BNSF's rail line from approximately milepost 141.7 
near Sioux Falls, SD, to approximately milepost 134.0 near Corson, SD, 
a distance of approximately 7.7 miles.\2\
---------------------------------------------------------------------------

    \1\ The trackage rights agreement is a supplemental agreement to 
the Basic Agreement, dated November 10, 1989, between BNSF's 
predecessor, the Burlington Northern Railroad Company, and EE. See 
Ellis & Eastern Company--Acquisition, Operation, Joint Relocation 
Project, and Trackage Rights Exemption--Brandon-Ellis, SD, Finance 
Docket No. 32506 (STB served Mar. 11, 1996).
    \2\ A redacted version of the Supplemental Trackage Rights 
Agreement between BNSF and EE was filed with the notice of 
exemption. An unredacted version of the agreement, as required by 49 
CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a 
motion for a protective order. That motion has been granted in a 
separate decision and a protective order in this proceeding is being 
served on July 3, 2001.
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on or shortly after 
July 2, 2001.\3\
---------------------------------------------------------------------------

    \3\ EE states that it anticipates that it will exercise the 
above-described trackage rights in the Spring of 2002, but will in 
no event exercise the trackage rights prior to July 2, 2001.
---------------------------------------------------------------------------

    The purpose of the trackage rights is to enable EE to provide rail 
service to a new facility of its parent company, Sweetman Construction 
Company.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and

[[Page 35692]]

Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (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. 34065, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, one copy of each pleading must 
be served on Rose-Michele Weinryb, Weiner Brodsky Sidman Kider PC, 1300 
19th Street, NW., Fifth Floor, Washington, DC 20036-1609.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: June 29, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-16934 Filed 7-5-01; 8:45 am]
BILLING CODE 4915-00-P