[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Pages 75238-75239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24143]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34125 (Sub-No. 1)]


South Dakota Railroad Authority--Acquisition and Operation 
Modification Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF) has agreed to amend existing operating 
rights of the South Dakota Department of Transportation, successor in 
interest to the South Dakota Railroad Authority (User), at Aberdeen, 
SD, pursuant to an amendment (Amendment) to an existing agreement. 
Pursuant to the Amendment, BNSF has agreed to grant User and its 
designee the right to interchange traffic on and/or via BNSF-owned 
trackage at Aberdeen in connection with the movement of the traffic to, 
from, or via User's tracks between Kidder, SD, and Aberdeen, SD (the 
``Rail Line'') pursuant to the terms outlined below.
    (1) Subject to all other applicable terms and conditions set forth 
in the Amendment, BNSF shall permit the Dakota, Minnesota & Eastern 
Railroad Corporation (DM&E) and User or its designee to interchange 
with one another at Aberdeen Yard via the Interchange Access Line (as 
that is defined in an agreement between the parties) without 
restrictions for traffic which either originates or terminates on the 
Rail Line.
    (2) Subject to all other applicable terms and conditions set forth 
in the Amendment, BNSF shall permit DM&E and User or its designee to 
interchange

[[Page 75239]]

with one another at Aberdeen Yard or on the State-owned trackage north 
of Aberdeen via the Interchange Access Line for traffic originating or 
terminating on DM&E in South Dakota, moving to or from points served by 
Canadian Pacific Railway's (CP's) network as it existed as of April 25, 
2005, in (a) North Dakota (not including the Dakota, Missouri Valley & 
Western Railroad or CP-affiliated shortlines) other than to or from 
industries which are (as of April 25, 2005) jointly served by CP and 
BNSF (e.g., industries at Valley City and Minot), and (b) Canada 
(including, but not limited to, Canadian export ports and CP-affiliated 
shortlines); provided such rights shall extend only to movements of 
agricultural commodities (STCCs 01 and 20), fertilizers, ethanol, 
bentonite, and forest products, and provided further that such rights 
shall be subject to certain unit train restrictions for North Dakota 
points as set forth in the Amendment.
    (3)(a) Subject to all other applicable terms and conditions set 
forth in the Amendment and other agreements between BNSF and User, BNSF 
shall permit User or its designee to interchange with lessees and 
operators of State-owned rail lines (as hereinafter defined) all 
traffic (excluding coal and intermodal traffic) originating or 
terminating on said State-owned rail lines.
    (3)(b) In the event that traffic from the State-owned rail lines is 
being moved to/from Aberdeen by BNSF in haulage service for said 
operators/lessees pursuant to terms of a haulage agreement, the 
interchange with BNSF or the Rail Line operator shall occur at Aberdeen 
Yard (or other location in the Aberdeen vicinity at BNSF's discretion) 
on trackage designated by BNSF. In the event that the traffic is being 
moved to the Rail Line by the operators/lessees pursuant to exercise of 
trackage rights over BNSF trackage, such interchange shall be performed 
on the Rail Line or, if the operators/lessees request to interchange at 
Aberdeen Yard and BNSF local operating personnel consent thereto, at 
such tracks in Aberdeen Yard as may be designated by BNSF.
    (3)(c) ``State-owned rail lines'' as referenced herein refer to the 
Mitchell, SD-Kadoka, SD Line and the Napa, SD-Platte, SD Line as those 
lines existed as of April 25, 2005, and do not include extensions 
which, in the future, may be connected to or from these lines; 
provided, however, ``extensions'' means additions to the lines by way 
of acquisition or construction of lines of railroad, but does not 
include, or otherwise prohibit interchange to/from the Rail Line of, 
rail traffic moving to/from new industries located on the State-owned 
rail lines subsequent to April 25, 2005.
    (4) Except as expressly provided above, User or its designee shall 
not move, or cause or allow to be moved, on, over, or via the Rail Line 
or the Interchange Access Line, traffic that neither originates nor 
terminates on the Rail Line.
    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 User to have expanded interchange rights at 
Aberdeen.
    As a condition to the exemption invoked by User, any employees 
affected by the trackage rights granted to User in STB Finance Docket 
No. 34125 (Sub-No. 1) 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. 34125 (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 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. 05-24143 Filed 12-16-05; 8:45 am]
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