[Federal Register Volume 64, Number 179 (Thursday, September 16, 1999)]
[Notices]
[Pages 50322-50323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23907]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33792]
Nobles Rock Railroad, Inc.--Modified Rail Certificate
On August 20, 1999, Nobles Rock Railroad, Inc. (NRR) 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 a rail line extending from milepost 378.5 west of
Mitchell, SD, to milepost 517.5 at Murdo, SD, a total distance of
approximately 139 miles.
The involved line represents a portion of the former Chicago,
Milwaukee, St. Paul and Pacific Railroad Company's (Milwaukee Road)
line between Mitchell and Rapid City, SD. The State of South Dakota
acquired the line following an order of abandonment by the United
States District Court for the Northern District of Illinois (Eastern
Division) in In the Matter of Chicago, Milwaukee, St. Paul and Pacific
Railroad Company, No. 77-B-8999, Order Nos. 342 (item R) and 342A
(paragraph 1) (dated June 9, 1980). The State, in turn, leased a
segment (from Mitchell to Kadoka, SD) to the MRC Regional Railroad
Authority (MRCA).1 MRCA then subleased this segment to the
Dakota Southern Railway Company (DSRC). DSRC has, subject to approval
by the State and MRCA, agreed to sublease the west of Mitchell-Murdo
segment to NRR.2
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\1\ MRCA is a quasi-public entity entrusted by the State to
oversee freight operations on the line.
\2\ NRR was scheduled to commence operations over the line on
August 23, 1999, or thereafter. An executed copy of the sublease
agreement between NRR and DSRC was filed with the Board on September
8, 1999. The sublease agreement provides that NRR may operate over
the line through July 31, 2000. The sublease also provides that
NRR's operations will automatically be renewed for successive one-
year terms commencing August 1, 2000, absent written notice of
cancellation of the agreement by either NRR or DSRC.
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The line will connect at milepost 378.5 west of Mitchell with a
line of railroad operated by DSRC. NRR will also interline with The
Burlington Northern and Santa Fe Railway Company (BNSF) at Mitchell and
will interchange traffic with DSRC at Titterton Siding, SD, and with
BNSF at Mitchell.3 The sublease between NRR and DSRC does
not include the line segments from Murdo to Kadoka or from west of
Mitchell to Mitchell; these two segments will continue to be governed
by the existing lease between DSRC and MRCA.
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\3\ To reach a connection with BNSF at Mitchell, NRR will obtain
from DSRC the right to operate over an approximately 4.6-mile line
from milepost 378.5 west of Mitchell, to milepost 373.9 at Mitchell,
solely for the purposes of interchanging traffic and railroad
equipment with BNSF.
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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).
NRR indicates that no subsidy is involved and that there are no
preconditions for shippers to meet in order to receive rail service.
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, 1120 G Street, NW, Suite 520, Washington, DC
20005.
Decided: September 8, 1999.
[[Page 50323]]
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-23907 Filed 9-15-99; 8:45 am]
BILLING CODE 4915-00-P
