[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Pages 75239-75240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24144]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34788]


Mitchell-Rapid City Regional Railroad Authority and Dakota 
Southern Railway Company--Trackage Rights Exemption--BNSF Railway 
Company

    BNSF Railway Company (BNSF) has agreed to grant overhead trackage 
rights to the Mitchell-Rapid City Regional Railroad Authority (MRC, a 
political subdivision of the State of South Dakota) and the Dakota 
Southern Railway Company (DSRC, a sublessee/contract operator for MRC) 
(MRC and DSRC are referred to collectively as ``User'') at Mitchell, 
SD: (1) Between BNSF's connection with DSRC, at milepost (MP) 650.65, 
and DSRC-leased tracks in BNSF's Mitchell yard, at MP 650.16; and (2) 
between BNSF's Mitchell yard, at MP 650.16, and the Grain Shuttle 
Facility at Mitchell, at MP 652.9. In addition to User's right to 
utilize the Mitchell yard pursuant to other agreements, User shall also 
have the right to ingress and egress the Mitchell yard for the purpose 
of ``running around'' its train at Mitchell, if operationally necessary 
to originate traffic from or terminate traffic at the Grain Shuttle 
Facility. The new rights granted by BNSF apply only to traffic that 
originates or terminates on the rail line between Mitchell, SD, and 
Kadoka, SD (as that line existed as of April 25, 2005), and that 
originates or terminates at the Grain Shuttle Facility. Under the 
agreement entered into by BNSF and MRC/DSRC: MRC would be able to 
utilize the new rights granted by BNSF with another sublessee/contract 
operator (other than a Class I or Class II railroad or the Dakota, 
Minnesota & Eastern Railroad Corporation); and, if MRC ceases to be the 
lessee of the State of South Dakota for the corridor between Mitchell 
and Rapid City, SD, the new rights granted by BNSF will be 
automatically assigned to the State of South Dakota.
    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 MRC/DSRC to move traffic between points on the 
Mitchell-Kadoka Line and the Grain Shuttle Facility at Mitchell.
    As a condition to this exemption, any employees affected by the 
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.--

[[Page 75240]]

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. 34788, 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. 05-24144 Filed 12-16-05; 8:45 am]
BILLING CODE 4915-01-P