[Federal Register Volume 61, Number 48 (Monday, March 11, 1996)] [Notices] [Page 9742] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-5696] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board \1\ [Finance Docket No. 32506] Ellis & Eastern Company--Acquisition, Operation, Joint Relocation Project, and Trackage Rights Exemptions--Brandon-Ellis, SD
Agency
Surface Transportation Board.
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (the Act), which was enacted on December 29, 1995, and took effect on January 1, 1996, abolished the Interstate Commerce Commission (ICC) and transferred certain functions and proceedings to the Surface Transportation Board (Board). Section 204(b)(1) of the Act provides, in general, that proceedings pending before the ICC on the effective date of that legislation shall be decided under the law in effect prior to January 1, 1996, insofar as they involve functions retained by the Act. This notice relates to a proceeding that was pending with the ICC prior to January 1, 1996, and to functions that are subject to Board jurisdiction pursuant to 49 U.S.C. 10901 and 49 U.S.C. 11323. Therefore, this notice applies the law in effect prior to the Act, and citations are to the former sections of the statute, unless otherwise indicated. ---------------------------------------------------------------------------
Action
Notice of exemption.
-----------------------------------------------------------------------
Summary
Under 49 U.S.C. 10505, the Board exempts from the prior approval requirements of (a) 49 U.S.C. 10901 the acquisition and operation by Ellis & Eastern Company of a 16.5-mile rail line between milepost 49.0, at or near Brandon, and milepost 65.5, at or near Ellis, in Minnehaha County, SD, and (b) 49 U.S.C. 11343-45, (i) the sale by Ellis & Eastern Company to Burlington Northern Railroad Company of a switching yard and the adjacent 2.0-mile line between mileposts 56.6 and 58.6, all in Sioux Falls, SD, and the grant back of trackage rights over that line, (ii) the grant of additional trackage rights by Burlington Northern Railroad Company to Ellis & Eastern Company over a 2.0-mile line between mileposts 54.6 and 56.6, also in Sioux Falls, and (iii) a joint relocation project involving the respective lines of Ellis & Eastern Company and Burlington Northern Railroad Company between mileposts 55.6 and 56.6, also in Sioux Falls. The exemptions for those transactions requiring prior approval under 49 U.S.C. 11343- 45 are subject to appropriate labor protective conditions.
Dates
The exemption will be effective April 10, 1996. Petitions to stay must be filed by March 26, 1996 and petitions to reopen must be filed by April 5, 1996.
Addresses
An original and 10 copies of all pleadings, referring to Finance Docket No. 32506, must be filed with the Office of the Secretary, Case Control Branch, Surface Transportation Board, 1201 Constitution Avenue NW., Washington, DC 20423. In addition, a copy of all pleadings must be served on Mark H. Sidman, WEINER, BRODSKY, SIDMAN & KIDER, P.C., Suite 800, 1350 New York Avenue NW., Washington, DC 20005.
For Further Information Contact
Joseph H. Dettmar, (202) 927-5268. [TDD for the hearing-impaired: (202) 927-5721.]
Supplementary Information
Additional information is contained in the Board's decision. To purchase a copy of the decision, write to, call, or pick up in person from DC News & Data, Inc., Room 2229, Surface Transportation Board, Washington, DC 20423. Telephone: (202) 289-4357/ 4359. [Assistance for the hearing-impaired is available through TDD services at (202) 927-5721.]
Decided: February 26, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and Commissioner Owen. Vernon A. Williams, Secretary. [FR Doc. 96-5696 Filed 3-8-96; 8:45 am] BILLING CODE 4915-00-P