[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Notices]
[Page 33559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11469]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35026]


Napa-Platte Regional Railroad Authority--Modified Rail 
Certificate

    On May 15, 2007, Napa-Platte Regional Rail Authority (NPRRA), a 
noncarrier, filed a notice for a modified certificate of public 
convenience and necessity under 49 CFR 1150, Subpart C, Modified 
Certificate of Public Convenience and Necessity, to operate 
approximately 41.1 miles of rail line extending from milepost 13.4+/-, 
near Tabor, to milepost 54.5, near Ravinia, SD (Tabor-Ravinia line or 
line).\1\
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    \1\ The Tabor-Ravinia line is a segment of a larger line leased 
by NPRRA from the State of South Dakota. The entire line extends 
from milepost 0.0 in Napa County, SD, to milepost 83.3 in Platte, 
SD, and consists of three segments (the Napa-Tabor line, from 
milepost 0.0 to milepost 13.4+/-, the Tabor-Ravinia line, and the 
Ravinia-Platte line, from milepost 54.4 to milepost 83.3). With the 
filing of this notice for a modified certificate on the Tabor-
Ravinia line, NPRRA simultaneously filed a notice for a lease and 
operation exemption on the Napa-Tabor line (STB Finance Docket No. 
35025). Additionally, The South Dakota Department of Transportation 
has filed a notice to terminate an existing modified certificate and 
a notice of interim trail use on the Ravinia-Platte line (STB 
Finance Docket No. 31874).
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    The entire line, from Napa to Platte (entire line), was formerly a 
part of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company and 
was authorized for abandonment by the Interstate Commerce Commission in 
Richard B. Ogilvie, Trustee of the Property of Chicago, Milwaukee, St. 
Paul & Pacific Railroad Company--Abandonment--in South Dakota, Iowa and 
Nebraska, Docket No. AB-7 (Sub-No. 88) (ICC served May 14, 1980). 
Although authorized for abandonment, the entire line was subsequently 
acquired by the State of South Dakota. The State of South Dakota then 
leased it to NPRRA in 1981. Since then, the entire line has been 
operated as needed by sublessees pursuant to modified certificates of 
public convenience and necessity. At milepost 0.0, the line has 
interchange capability with BNSF Railway Company (BNSF) and, through a 
haulage agreement with BNSF (convertible to trackage rights), access to 
Canadian National Railway Company, Union Pacific Railroad Company, and 
certain other South Dakota short lines.
    The rail segment qualifies for a modified certificate of public 
convenience and necessity. See Common Carrier Status of States, State 
Agencies and Instrumentalities and Political Subdivisions, Finance 
Docket No. 28990F (ICC served July 16, 1981).
    According to NPRRA, the State of South Dakota is engaged in 
negotiations to sell the Tabor-Ravinia line, along with the Napa-Tabor 
line, to Wagner Native Energy, LLC (Wagner). If that sale is 
consummated, NPRRA states that it will assign all of its rights in both 
the Tabor-Ravinia and Napa-Tabor lines to Wagner. NPRRA anticipates 
that Wagner would then operate these lines as a common carrier, through 
the use of a third-party rail carrier.
    Currently, the Tabor-Ravinia line is out of service and NPRRA 
states that the line would need to be rehabilitated before actual rail 
operations can be recommenced. NPRRA anticipates that the sale of the 
Tabor-Ravinia line to Wagner will facilitate that rehabilitation. If 
operations were to recommence prior to the anticipated sale of the line 
to Wagner, NPRRA indicates that it would provide service through a 
third-party contract operator or a temporary sublease of the line to a 
third-party rail carrier. NPRRA continues that, in the event that it 
engages the services of a third-party rail carrier, it will require 
that the carrier obtain adequate liability insurance coverage.
    NPRRA indicates that, at this time, it is not anticipated that 
there will be any subsidizers of the line, and that, while it is 
conceivable that NPRRA may receive railroad trust funds for 
rehabilitation of the line from the State of South Dakota, no such 
plans currently exist.
    This notice will be served on the Association of American Railroads 
(Car Service Division) as agent for all railroads subscribing to the 
car-service and car-hire agreement: Association of American Railroads, 
50 F Street, NW., Washington, DC 20001; and on the American Short Line 
and Regional Railroad Association: American Short Line and Regional 
Railroad Association, 50 F Street, NW., Suite 7020, Washington, DC 
20001.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: June 7, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-11469 Filed 6-15-07; 8:45 am]
BILLING CODE 4915-01-P