[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Page 75241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24147]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34786]


Sioux Valley Regional Railroad Authority and D&I Railroad 
Company--Trackage Rights Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF) has agreed to grant 136.70 miles of 
limited overhead trackage rights to Sioux Valley Regional Railroad 
Authority (SVRRA) and D&I Railroad Company (D&I): (1) On the Canton 
subdivision in Canton, SD, between milepost (MP) 49.40 and MP 50.01; 
(2) on the Mitchell subdivision between Canton, SD, at MP 294.80, and 
Mitchell, SD, at MP 373.58; and (3) on the Aberdeen subdivision between 
Mitchell, SD, at MP 649.69, and Wolsey, SD, at MP 707.00 (MP 707.00 is 
located north of the diamond crossing of the Dakota, Minnesota & 
Eastern Railroad Corporation (DM&E) at Wolsey). These trackage rights 
apply only to the movement of aggregates (STCC series 14219, 14412, 
14413, and 14919) moving in cars in SVRRA's or D&I's account, 
originating at Hawarden, IA, 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 agreement entered into by 
BNSF, on the one hand, and, on the other hand, SVRRA (a political 
subdivision of the State of South Dakota) and D&I (a sublessee/contract 
operator for SVRRA) provides that SVRRA can utilize the trackage rights 
with another sublessee/contract operator, subject to certain 
restrictions. The agreement further provides that, subject to certain 
restrictions, the trackage rights may be assigned to any lessee of the 
State of South Dakota for the line known as the Canton-Elk Point 
Corridor or to a party that acquires the Canton-Elk Point Corridor.
    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 SVRRA/D&I to move certain commodities pursuant to 
the trackage rights.
    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. 34786, 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 SVRRA's and 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. 05-24147 Filed 12-16-05; 8:45 am]
BILLING CODE 4915-01-P