[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Pages 75240-75241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24146]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34787]


D&I Railroad Company--Trackage Rights Exemption--BNSF Railway 
Company

    BNSF Railway Company (BNSF) has agreed to grant 159.2 miles of 
limited overhead trackage rights to D&I Railroad Company (D&I) between 
Sioux Falls, SD, at milepost (MP) 74.1 (MP 74.1 is just north of West 
Junction, SD), and Wolsey, SD, at MP 707.0 (MP 707.0 is north of the 
diamond crossing of the Dakota, Minnesota & Eastern Corporation (DM&E) 
at Wolsey). The trackage rights run: between Sioux Falls, SD, and 
Canton, SD; between Canton, SD, and Mitchell, SD; and between Mitchell, 
SD, and Wolsey, SD. The trackage rights apply only to the movement of 
aggregates (STCC series 14219, 14412, 14413, and 14919) moving in cars 
in D&I's account, originating at Dell Rapids, SD, interchanged to DM&E 
at Wolsey, SD, and terminating at DM&E-served destinations in South 
Dakota (provided, however, that DM&E may transport such aggregates 
beyond South Dakota where necessary for DM&E's operations).
    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 D&I to move certain shipments of aggregates from 
Dell Rapids to Wolsey.
    As a condition to this exemption, any employees affected by the 
trackage

[[Page 75241]]

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. 34787, 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 D&I's representative: Edward J. 
Krug, Krug Law Firm, PLC, 401 First Street, SE., P.O. Box 186, Cedar 
Rapids, IA 52406.
    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. 05-24146 Filed 12-16-05; 8:45 am]
BILLING CODE 4915-01-P