[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Page 75240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24145]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34789]


Dakota, Minnesota & Eastern Railroad Corporation--Trackage Rights 
Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF) has agreed to supplement existing 
trackage rights of the Dakota, Minnesota & Eastern Railroad Corporation 
(DM&E) at Aberdeen, SD, as explained herein. DM&E has existing trackage 
rights on BNSF's track at Aberdeen pursuant to a 1975 agreement between 
the Chicago, Milwaukee, St. Paul & Pacific (predecessor-in-interest of 
BNSF) and the Chicago and North Western Transportation Company 
(predecessor-in-interest of DM&E), which agreement was amended in 1986 
(the 1975 agreement and the 1986 amendment are collectively referred to 
herein as the Agreement). The State of South Dakota, acting through the 
State Department of Transportation, as successor-in-interest to the 
South Dakota Railroad Authority (herein referred to as the State), owns 
the tracks between Aberdeen and Kidder, SD (herein referred to as the 
Rail Line). In addition to the trackage and interchange rights granted 
under the Agreement, BNSF will permit DM&E and the State (or the 
State's designee, i.e., the State's contract operator acting as agent 
for the State) to interchange DM&E's traffic at Aberdeen in connection 
with the movement of traffic moving to, from, or via the Rail Line 
pursuant to the provisions outlined below.
    (1) BNSF will permit DM&E and the State (or the State's designee) 
to interchange with one another in BNSF's Aberdeen Yard via the 
Interchange Access Line (the tracks on BNSF's Geneseo Subdivision 
between mileposts 118.60 and 115.08) without restrictions for traffic 
which either originates or terminates on the Rail Line.
    (2) BNSF will permit DM&E and the State (or the State's designee) 
to interchange with one another at Aberdeen Yard 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 
interchange rights extend only to movements of agricultural commodities 
(STCC's 01 and 20), fertilizers, ethanol, bentonite clay, and forest 
products, and further subject to certain unit train restrictions 
pertaining to North Dakota points.
    (3) BNSF will permit DM&E to use the Interchange Access Line in 
conjunction with DM&E's existing trackage rights in order to facilitate 
interchange of cars between DM&E and the State, by and through the 
State's designee, on the State-owned trackage north of Aberdeen, 
subject to certain restrictions.
    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 DM&E to enjoy, at Aberdeen, expanded interchange 
access for traffic moving to, from, or via the Aberdeen-Kidder Line.
    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.--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. 34789, 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 DM&E'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. 05-24145 Filed 12-16-05; 8:45 am]
BILLING CODE 4915-01-P