[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65921-65922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26344]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35184; STB Finance Docket No. 35185]
East Central Regional Railroad Authority--Acquisition Exemption--
Dakota, Minnesota & Eastern Railroad Corporation; State of South Dakota
by and Through Its South Dakota Railroad Authority and Its Department
of Transportation--Acquisition Exemption--East Central Regional
Railroad Authority
East Central Regional Railroad Authority (ECRRA), a noncarrier, has
filed a verified notice of exemption under 49 CFR 1150.31 to acquire
approximately 15.33 miles of rail line from Dakota, Minnesota & Eastern
Railroad Corporation (DM&E) with DM&E retaining subleasehold rights to
[[Page 65922]]
continue to conduct operations over the line. The line extends from
milepost 145.0 near Yale, SD, to milepost 160.33 near Huron, SD, (the
Yale-Huron line), in Beadle County, SD.
Concurrently, the South Dakota Railroad Authority (SDRA) and the
South Dakota Department of Transportation (SDDOT), political
subdivisions of the State of South Dakota and collectively a non-
operating Class III rail carrier, filed a verified notice of exemption
under 49 CFR 1150.41 for SDRA to acquire the Yale-Huron line from
ECRRA, with ECRRA retaining leasehold rights, and, in turn, for SDDOT
to immediately acquire the Yale-Huron line from SDRA.
The applicants expect to consummate the transactions on November
20, 2008.
Following consummation of the transactions, DM&E will remain the
operator of the Yale-Huron line by virtue of having retained
subleasehold rights in the sale agreement with ECRRA.
The applicants explain that SDDOT will become the ultimate owner of
the line so that it can fund necessary rehabilitation of the line
pursuant to South Dakota statutes. According to the applicants, the
slightly complex transactional structure involved here is due to
specific language in the applicable South Dakota statutes making it
necessary that ECRRA first acquire the Yale-Huron line from DM&E and
then, in turn, transfer the line to SDRA, before it can ultimately be
acquired by SDDOT.
The applicants certify that their projected annual revenues as a
result of these transactions will not result in the creation of a Class
II or Class I rail carrier and further certify that the projected
annual revenues of each of the applicants will not exceed $5 million.
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.
If the verified 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. Petitions to stay must be filed no later than November 12,
2008 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to STB
Finance Docket Nos. 35184 and 35185, 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: (1) For ECRRA--
Douglas E. Kludt, Churchill, Manolis, Freeman, Kludt, Shelton and
Burns, 333 Dakota Avenue, South, P.O. Box 176, Huron, SD 57350; and (2)
for SDRA and SDDOT--Myles L. Tobin, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 920, Chicago, IL 60606.
Board decisions and notices are available on our Web site at
``http://www.stb.dot.gov.''
Decided: October 29, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Jeff Herzig,
Clearance Clerk.
[FR Doc. E8-26344 Filed 11-4-08; 8:45 am]
BILLING CODE 4915-01-P