Nobles Rock Railroad, Inc.Modified Rail Certificate

[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