[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Page 75238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24141]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34790]


Dakota, Minnesota & Eastern Railroad Corporation and Iowa, 
Chicago & Eastern Railroad Corporation--Temporary Trackage Rights 
Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF) has agreed to grant temporary trackage 
rights to the Dakota, Minnesota & Eastern Railroad Corporation (DM&E) 
and the Iowa, Chicago & Eastern Railroad Corporation (IC&E) (DM&E and 
IC&E are referred to collectively as ``User'') between milepost (MP) 
146.0 on BNSF's Corson Subdivision at Sioux Falls, SD, and MP 705.5 on 
BNSF's Aberdeen Subdivision at Wolsey, SD, a distance of 149.8 miles, 
solely for the overhead movement of User's business cars (and engines 
and end-of-train devices required to operate those business cars). The 
trackage rights run: between Sioux Falls, SD, and Canton, SD; between 
Canton, SD, and Mitchell, SD; and between Mitchell, SD, and Wolsey, SD. 
These trackage rights were scheduled to be effective on or after 
December 6, 2005, and the authorization for these trackage rights will 
expire one year after the effective date. However, although the term of 
the temporary trackage rights agreement is for no more than one year, 
BNSF has also agreed that, for a period of 10 years from the effective 
date of that agreement, BNSF shall agree to DM&E's requests to 
establish new annual temporary trackage rights arrangements on the same 
terms, provided that the temporary trackage rights agreement shall not 
have terminated early as a result of material default of DM&E, and 
further provided that DM&E shall not otherwise be in material default 
of the terms of the agreement.
    As a condition to this exemption, any employees affected by the 
acquisition of the temporary 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), and any employees 
affected by the discontinuance of those trackage rights will be 
protected by the conditions set out in Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91, 98-103 (1979).
    This notice is filed under 49 CFR 1180.2(d)(8). 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. 34790, 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 User's representative: Michael 
J. Barron, Jr., Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 
920, Chicago, IL 60606-2875.
    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. 05-24141 Filed 12-16-05; 8:45 am]
BILLING CODE 4915-01-P