[Federal Register Volume 72, Number 99 (Wednesday, May 23, 2007)]
[Notices]
[Page 29036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9911]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35023]


Dakota, Minnesota & Eastern Railroad Corporation and Iowa, 
Chicago & Eastern Railroad Corporation--Temporary Trackage Rights 
Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF) has agreed to grant non-exclusive 
temporary overhead trackage rights to the Dakota, Minnesota & Eastern 
Railroad Corporation (DME), and the Iowa, Chicago & Eastern Railroad 
Corporation (ICE) \1\ (DME and ICE are referred to collectively as 
``User'') over BNSF's lines between milepost 146.0 on BNSF's Corson 
Subdivision at Sioux Falls, SD, and milepost 705.5 on BNSF's Aberdeen 
Subdivision at Wolsey, SD, a distance of approximately 149.8 miles.\2\
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    \1\ ICE is a wholly owned subsidiary of Cedar American Rail 
Holdings, Inc. which in turn is wholly owned by DME.
    \2\ User indicates that this is a ``reinstatement'' of a 
previous trackage rights agreement between the same parties and also 
involving the above-referenced track, in STB Finance Docket No. 
34790, which expired on November 22, 2006. They also state that the 
temporary trackage rights agreement in that proceeding will be 
incorporated by reference in this proceeding as modified by 
agreement between User and BNSF signed on April 25, 2007, and filed 
herein. A request for a protective order was filed concurrently with 
this exemption and will be addressed in a separate decision.
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    The transaction is scheduled to be consummated on or after June 1, 
2007, the effective date of the exemption (30 days after the exemption 
was filed). The temporary trackage rights will expire on November 22, 
2007.\3\
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    \3\ User states that the parties have agreed on the possible 
extension of the temporary trackage rights. Any temporary trackage 
rights extension agreement must be filed with the Board.
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    The purpose of the temporary trackage rights is solely for the 
overhead movement of User's business cars (and engines and end-of-train 
devices required to operate those business cars).
    As a condition to this exemption, any employee affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk and Western Ry. Co.--Trackage Rights--BN, 
354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.--Lease 
and Operate, 360 I.C.C. 653 (1980), and any employee affected by the 
discontinuance of those trackage rights will be protected by the 
conditions set out in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    This notice is filed under 49 CFR 1180.2(d)(8). 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. Any stay petition must be filed on or before May 
25, 2007 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35023, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Michael J. Barron, Jr., 
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 
60606.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: May 11, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-9911 Filed 5-22-07; 8:45 am]
BILLING CODE 4915-01-P