[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Notices]
[Pages 23524-23525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9072]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 32023 (Sub-No. 1)]


BNSF Railway Company--Trackage Rights Exemption--Dakota, 
Minnesota & Eastern Railroad Corporation

    Pursuant to a written amendment to a trackage rights agreement, the 
Dakota, Minnesota & Eastern Railroad Corporation (DM&E) has agreed to 
modify an existing trackage rights agreement \1\ to grant overhead 
trackage rights to BNSF Railway Company (BNSF) between milepost 145.00 
and milepost 148.50, a distance of approximately 3.5 miles, in Yale, 
SD.\2\
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    \1\ The original trackage rights extended between milepost 
160.33, in Huron, and milepost 148.50, in Yale, in Beadle County, 
SD, and were exempted by the Interstate Commerce Commission, the 
predecessor to the Board, in Burlington Northern Railroad Company--
Trackage Rights Exemption--Dakota, Minnesota & Eastern Railroad 
Corporation, Finance Docket No. 32023 (ICC served Apr. 14, 1992).
    \2\ This transaction is predicated upon the Board's approval of 
the petition for exemption in STB Finance Docket No. 35125, Dakota, 
Minnesota & Eastern Railroad Corporation--Acquisition Exemption--
Line of BNSF Railway Company, filed March 25, 2008, in which DM&E 
seeks to acquire from BNSF the same 3.5-mile line at issue in the 
present matter. The instant transaction would constitute a grant 
back to BNSF of trackage rights over the line following the proposed 
line sale to DM&E.

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[[Page 23525]]

    This transaction will be consummated on May 17, 2008, the effective 
date of the exemption (30 days after the exemption was filed), or once 
the transaction contemplated in STB Finance Docket No. 35125 is 
consummated, whichever is later.
    The purpose of the proposed transaction is to amend the 1992 
trackage rights agreement to extend BNSF's overhead trackage rights 
from milepost 148.50 to milepost 145.00 in Yale once that line is 
acquired by DM&E. This transaction will allow BNSF to reach its pre-
existing trackage rights on DM&E's east-west main line between Huron 
and Wolsey, SD.
    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 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the notice 
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 effectiveness of the exemption. Stay petitions 
must be filed by May 9, 2008 (at least 7 days before the exemption 
becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32023 (Sub-No. 1), must be filed with the Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on Karl Morell, Ball 
Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 22, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-9072 Filed 4-29-08; 8:45 am]
BILLING CODE 4915-01-P