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75240 Federal Register / Vol. 70, No.

242 / Monday, December 19, 2005 / Notices

Lease and Operate, 360 I.C.C. 653, 664 i.e., the State’s contract operator acting exemption under 49 U.S.C. 10502(d)
(1980). as agent for the State) to interchange may be filed at any time. The filing of
This notice is filed under 49 CFR DM&E’s traffic at Aberdeen in a petition to revoke will not
1180.2(d)(7). If it contains false or connection with the movement of traffic automatically stay the transaction.
misleading information, the exemption moving to, from, or via the Rail Line An original and 10 copies of all
is void ab initio. Petitions to revoke the pursuant to the provisions outlined pleadings, referring to STB Finance
exemption under 49 U.S.C. 10502(d) below. Docket No. 34789, must be filed with
may be filed at any time. The filing of (1) BNSF will permit DM&E and the the Surface Transportation Board, 1925
a petition to revoke will not State (or the State’s designee) to K Street, NW., Washington, DC 20423–
automatically stay the transaction. interchange with one another in BNSF’s 0001. In addition, a copy of each
An original and 10 copies of all Aberdeen Yard via the Interchange pleading must be served on DM&E’s
pleadings, referring to STB Finance Access Line (the tracks on BNSF’s representative: Michael J. Barron, Jr.,
Docket No. 34788, must be filed with Geneseo Subdivision between mileposts Fletcher & Sippel LLC, 29 North Wacker
the Surface Transportation Board, 1925 118.60 and 115.08) without restrictions Drive, Suite 920, Chicago, IL 60606–
K Street, NW., Washington, DC 20423– for traffic which either originates or 2875.
0001. In addition, a copy of each terminates on the Rail Line. Board decisions and notices are
pleading must be served on User’s (2) BNSF will permit DM&E and the available on its Web site at http://
representative: Michael J. Barron, Jr., State (or the State’s designee) to www.stb.dot.gov.
Fletcher & Sippel LLC, 29 North Wacker interchange with one another at Decided: December 9, 2005.
Drive, Suite 920, Chicago, IL 60606– Aberdeen Yard via the Interchange By the Board, David M. Konschnik,
2875. Access Line for traffic originating or Director, Office of Proceedings.
Board decisions and notices are terminating on DM&E in South Dakota, Vernon A. Williams,
available on its Web site at http:// moving to or from points served by
Secretary.
www.stb.dot.gov. Canadian Pacific Railway’s (CP’s)
[FR Doc. 05–24145 Filed 12–16–05; 8:45 am]
Decided: December 9, 2005. network as it existed as of April 25,
BILLING CODE 4915–01–P
By the Board, David M. Konschnik, 2005 in: (a) North Dakota (not including
Director, Office of Proceedings. the Dakota, Missouri Valley & Western
Vernon A. Williams, Railroad or CP-affiliated shortlines)
DEPARTMENT OF TRANSPORTATION
Secretary. other than to or from industries which
[FR Doc. 05–24144 Filed 12–16–05; 8:45 am] are (as of April 25, 2005) jointly served Surface Transportation Board
BILLING CODE 4915–01–P
by CP and BNSF (e.g., industries at
Valley City and Minot); and (b) Canada [STB Finance Docket No. 34787]
(including, but not limited to, Canadian
export ports and CP-affiliated D&I Railroad Company—Trackage
DEPARTMENT OF TRANSPORTATION Rights Exemption—BNSF Railway
shortlines), provided such interchange
Company
Surface Transportation Board rights extend only to movements of
agricultural commodities (STCC’s 01 BNSF Railway Company (BNSF) has
[STB Finance Docket No. 34789]
and 20), fertilizers, ethanol, bentonite agreed to grant 159.2 miles of limited
Dakota, Minnesota & Eastern Railroad clay, and forest products, and further overhead trackage rights to D&I Railroad
Corporation—Trackage Rights subject to certain unit train restrictions Company (D&I) between Sioux Falls,
Exemption—BNSF Railway Company pertaining to North Dakota points. SD, at milepost (MP) 74.1 (MP 74.1 is
(3) BNSF will permit DM&E to use the just north of West Junction, SD), and
BNSF Railway Company (BNSF) has Interchange Access Line in conjunction Wolsey, SD, at MP 707.0 (MP 707.0 is
agreed to supplement existing trackage with DM&E’s existing trackage rights in north of the diamond crossing of the
rights of the Dakota, Minnesota & order to facilitate interchange of cars Dakota, Minnesota & Eastern
Eastern Railroad Corporation (DM&E) at between DM&E and the State, by and Corporation (DM&E) at Wolsey). The
Aberdeen, SD, as explained herein. through the State’s designee, on the trackage rights run: between Sioux Falls,
DM&E has existing trackage rights on State-owned trackage north of SD, and Canton, SD; between Canton,
BNSF’s track at Aberdeen pursuant to a Aberdeen, subject to certain restrictions. SD, and Mitchell, SD; and between
1975 agreement between the Chicago, The trackage rights granted by BNSF Mitchell, SD, and Wolsey, SD. The
Milwaukee, St. Paul & Pacific were scheduled to become effective on trackage rights apply only to the
(predecessor-in-interest of BNSF) and or after December 6, 2005. The purpose movement of aggregates (STCC series
the Chicago and North Western of the trackage rights is to allow DM&E 14219, 14412, 14413, and 14919)
Transportation Company (predecessor- to enjoy, at Aberdeen, expanded moving in cars in D&I’s account,
in-interest of DM&E), which agreement interchange access for traffic moving to, originating at Dell Rapids, SD,
was amended in 1986 (the 1975 from, or via the Aberdeen-Kidder Line. interchanged to DM&E at Wolsey, SD,
agreement and the 1986 amendment are As a condition to this exemption, any and terminating at DM&E-served
collectively referred to herein as the employees affected by the trackage destinations in South Dakota (provided,
Agreement). The State of South Dakota, rights will be protected by the however, that DM&E may transport such
acting through the State Department of conditions imposed in Norfolk and aggregates beyond South Dakota where
Transportation, as successor-in-interest Western Ry. Co.—Trackage Rights—BN, necessary for DM&E’s operations).
to the South Dakota Railroad Authority 354 I.C.C. 605, 610–15 (1978), as The trackage rights granted by BNSF
(herein referred to as the State), owns modified in Mendocino Coast Ry., Inc.— were scheduled to become effective on
the tracks between Aberdeen and Lease and Operate, 360 I.C.C. 653, 664 or after December 6, 2005. The purpose
Kidder, SD (herein referred to as the (1980). of the trackage rights is to allow D&I to
Rail Line). In addition to the trackage This notice is filed under 49 CFR move certain shipments of aggregates
and interchange rights granted under 1180.2(d)(7). If it contains false or from Dell Rapids to Wolsey.
the Agreement, BNSF will permit DM&E misleading information, the exemption As a condition to this exemption, any
and the State (or the State’s designee, is void ab initio. Petitions to revoke the employees affected by the trackage

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Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Notices 75241

rights will be protected by the interchanged to DM&E at Wolsey, SD, DEPARTMENT OF TRANSPORTATION
conditions imposed in Norfolk and and terminating at DM&E-served
Western Ry. Co.—Trackage Rights—BN, destinations in South Dakota (provided, Surface Transportation Board
354 I.C.C. 605, 610–15 (1978), as however, that DM&E may transport such [STB Finance Docket No. 34685 (Sub–No.
modified in Mendocino Coast Ry., Inc.— aggregates beyond South Dakota where 1)]
Lease and Operate, 360 I.C.C. 653, 664 necessary for DM&E’s operations). The
(1980). agreement entered into by BNSF, on the D&I Railroad Company—Trackage
This notice is filed under 49 CFR one hand, and, on the other hand, Rights Exemption—BNSF Railway
1180.2(d)(7). If it contains false or SVRRA (a political subdivision of the Company
misleading information, the exemption State of South Dakota) and D&I (a
Pursuant to an earlier trackage rights
is void ab initio. Petitions to revoke the sublessee/contract operator for SVRRA)
agreement between BNSF Railway
exemption under 49 U.S.C. 10502(d) provides that SVRRA can utilize the
Company (BNSF) and D&I Railroad
may be filed at any time. The filing of trackage rights with another sublessee/
Company (D&I), D&I presently has
a petition to revoke will not contract operator, subject to certain overhead trackage rights over BNSF
automatically stay the transaction. restrictions. The agreement further tracks: (a) In Sioux Falls, SD, between
An original and 10 copies of all provides that, subject to certain milepost (MP) 71.5 (East Junction) and
pleadings, referring to STB Finance restrictions, the trackage rights may be MP 74.1 (just north of West Junction),
Docket No. 34787, must be filed with assigned to any lessee of the State of between MPs 0.0 and 1.09 on the
the Surface Transportation Board, 1925 South Dakota for the line known as the Madison Subdivision, and between MPs
K Street, NW., Washington, DC 20423– Canton-Elk Point Corridor or to a party 145.45 and 145.91 on the Corson
0001. In addition, a copy of each that acquires the Canton-Elk Point subdivision; (b) between Sioux Falls, SD
pleading must be served on D&I’s Corridor. (MP 69.9), and Canton, SD (MP 49.9), on
representative: Edward J. Krug, Krug The trackage rights granted by BNSF the Canton Subdivision; and (c) between
Law Firm, PLC, 401 First Street, SE., were scheduled to become effective on South Wye Switch, SD (MP 533.4, just
P.O. Box 186, Cedar Rapids, IA 52406. or after December 6, 2005. The purpose south of Elk Point, SD) (formerly known
Board decisions and notices are of the trackage rights is to allow as East Wye Switch and also referenced
available on its Web site at http:// SVRRA/D&I to move certain as Elk Point), and Sioux City, IA (MP
www.stb.dot.gov. commodities pursuant to the trackage 512.6), on the Aberdeen subdivision.
Decided: December 9, 2005. rights. BNSF has agreed to grant the
By the Board, David M. Konschnik, As a condition to this exemption, any following additional overhead trackage
Director, Office of Proceedings. employees affected by the trackage rights to D&I: (1) At Canton, D&I’s Sioux
Vernon A. Williams, rights will be protected by the Falls-Canton trackage rights will be
Secretary. conditions imposed in Norfolk and extended from MP 49.9 to MP 49.4
[FR Doc. 05–24146 Filed 12–16–05; 8:45 am]
Western Ry. Co.—Trackage Rights—BN, (Engineering Survey Number
354 I.C.C. 605, 610–15 (1978), as 6651.08=97+08.5 E.C.), where centerline
BILLING CODE 4915–01–P
modified in Mendocino Coast Ry., Inc.— of track leaves BNSF property and
Lease and Operate, 360 I.C.C. 653, 664 enters Sioux Valley Regional Railroad
DEPARTMENT OF TRANSPORTATION (1980). Authority (SVRRA) property; (2) D&I’s
This notice is filed under 49 CFR South Wye Switch-Sioux City trackage
Surface Transportation Board 1180.2(d)(7). If it contains false or rights will be extended from MP 512.6
misleading information, the exemption to just east of Steuben Street, MP
[STB Finance Docket No. 34786]
is void ab initio. Petitions to revoke the 512.36; (3) D&I will also receive
Sioux Valley Regional Railroad exemption under 49 U.S.C. 10502(d) additional operating rights on BNSF’s
Authority and D&I Railroad Company— may be filed at any time. The filing of ‘‘Blood Line’’ in Sioux City, solely for
Trackage Rights Exemption—BNSF a petition to revoke will not the purpose of effecting interchange
Railway Company automatically stay the transaction. with Union Pacific Railroad Company
An original and 10 copies of all (UP) and Canadian National Railway
BNSF Railway Company (BNSF) has pleadings, referring to STB Finance Company (CN) at Sioux City, until such
agreed to grant 136.70 miles of limited Docket No. 34786, must be filed with time as a direct connection to UP and
overhead trackage rights to Sioux Valley the Surface Transportation Board, 1925 CN is built, as contemplated in a letter
Regional Railroad Authority (SVRRA) K Street, NW., Washington, DC 20423– agreement between BNSF and the State
and D&I Railroad Company (D&I): (1) On 0001. In addition, a copy of each of South Dakota (the State), dated
the Canton subdivision in Canton, SD, pleading must be served on SVRRA’s November 22, 2005.
between milepost (MP) 49.40 and MP and D&I’s representative: Edward J. Under the agreement with BNSF, the
50.01; (2) on the Mitchell subdivision Krug, Krug Law Firm, PLC, 401 First rights granted to D&I pertaining to
between Canton, SD, at MP 294.80, and Street, SE., P.O. Box 186, Cedar Rapids, movement of traffic between Canton and
Mitchell, SD, at MP 373.58; and (3) on IA 52406. South Wye Switch, including Beresford,
the Aberdeen subdivision between Board decisions and notices are SD, to Hawarden, IA (as those lines
Mitchell, SD, at MP 649.69, and Wolsey, available on its Web site at http:// existed as of April 25, 2005) (the
SD, at MP 707.00 (MP 707.00 is located www.stb.dot.gov. ‘‘Existing Hawarden Line’’), shall
north of the diamond crossing of the automatically be assigned to any State
Dakota, Minnesota & Eastern Railroad Decided: December 9, 2005. lessee of the Existing Hawarden Line
Corporation (DM&E) at Wolsey). These By the Board, David M. Konschnik, who succeeds SVRRA as lessee, other
trackage rights apply only to the Director, Office of Proceedings. than the Dakota, Minnesota & Eastern
movement of aggregates (STCC series Vernon A. Williams, Railroad Corporation (DM&E) or a
14219, 14412, 14413, and 14919) Secretary. successor thereto, or a Class I or Class
moving in cars in SVRRA’s or D&I’s [FR Doc. 05–24147 Filed 12–16–05; 8:45 am] II railroad, and may be assigned by
account, originating at Hawarden, IA, BILLING CODE 4915–01–P SVRRA and its successor to another

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