[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Pages 75241-75242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24148]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34685 (Sub-No. 1)]


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

    Pursuant to an earlier trackage rights agreement between BNSF 
Railway Company (BNSF) and D&I Railroad Company (D&I), D&I presently 
has overhead trackage rights over BNSF tracks: (a) In Sioux Falls, SD, 
between milepost (MP) 71.5 (East Junction) and MP 74.1 (just north of 
West Junction), between MPs 0.0 and 1.09 on the Madison Subdivision, 
and between MPs 145.45 and 145.91 on the Corson subdivision; (b) 
between Sioux Falls, SD (MP 69.9), and Canton, SD (MP 49.9), on the 
Canton Subdivision; and (c) between South Wye Switch, SD (MP 533.4, 
just south of Elk Point, SD) (formerly known as East Wye Switch and 
also referenced as Elk Point), and Sioux City, IA (MP 512.6), on the 
Aberdeen subdivision.
    BNSF has agreed to grant the following additional overhead trackage 
rights to D&I: (1) At Canton, D&I's Sioux Falls-Canton trackage rights 
will be extended from MP 49.9 to MP 49.4 (Engineering Survey Number 
6651.08=97+08.5 E.C.), where centerline of track leaves BNSF property 
and enters Sioux Valley Regional Railroad Authority (SVRRA) property; 
(2) D&I's South Wye Switch-Sioux City trackage rights will be extended 
from MP 512.6 to just east of Steuben Street, MP 512.36; (3) D&I will 
also receive additional operating rights on BNSF's ``Blood Line'' in 
Sioux City, solely for the purpose of effecting interchange with Union 
Pacific Railroad Company (UP) and Canadian National Railway Company 
(CN) at Sioux City, until such time as a direct connection to UP and CN 
is built, as contemplated in a letter agreement between BNSF and the 
State of South Dakota (the State), dated November 22, 2005.
    Under the agreement with BNSF, the rights granted to D&I pertaining 
to movement of traffic between Canton and South Wye Switch, including 
Beresford, SD, to Hawarden, IA (as those lines existed as of April 25, 
2005) (the ``Existing Hawarden Line''), shall automatically be assigned 
to any State lessee of the Existing Hawarden Line who succeeds SVRRA as 
lessee, other than the Dakota, Minnesota & Eastern Railroad Corporation 
(DM&E) or a successor thereto, or a Class I or Class II railroad, and 
may be assigned by SVRRA and its successor to another

[[Page 75242]]

operator of all or a part of the Existing Hawarden Line acting as agent 
for SVRRA or otherwise assigned in whole to an entity acquiring 
ownership of or a leasehold interest in the Existing Hawarden Line, 
provided such operator is not DM&E or a successor thereto, or a Class I 
or Class II Railroad.
    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 facilitate D&I access to additional markets.
    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. 34685 (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 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. 05-24148 Filed 12-16-05; 8:45 am]
BILLING CODE 4915-01-P