Temporary Trackage Rights Exemption: Norfolk Southern Railway Co.

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Federal Register: April 4, 2008 (Volume 73, Number 66)

Notices

Page 18607

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr04ap08-137

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

STB Finance Docket No. 35119

Nittany and Bald Eagle Railroad Company--Temporary Trackage

Rights Exemption--Norfolk Southern Railway Company

Norfolk Southern Railway Company (NSR) has agreed to grant non- exclusive, temporary overhead trackage rights to Nittany and Bald Eagle

Railroad Company (N&BE) over a portion of NSR's line between milepost 194.2, Lock Haven, PA, and milepost 139.2, Driftwood, PA, a distance of approximately 55 miles.\1\

\1\ A redacted version of the trackage rights agreement between

N&BE and NSR was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for protective order. The request for a protective order is being addressed in a separate decision.

The transaction is scheduled to be consummated on or after April 23, 2008, the effective date of the exemption (30 days after the exemption was filed). The temporary trackage rights will expire on

December 30, 2008.

The purpose of the temporary trackage rights is to allow N&BE adequate bridge train service for temporary, seasonal traffic originating on the N&BE for delivery to an off-line destination.

As a condition to this exemption, any employee affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 653 (1980), and any employee affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979).

This notice is filed under 49 CFR 1180.2(d)(8). If it 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 transaction. Any stay petition must be filed on or before

April 16, 2008 (at least 7 days before the exemption becomes effective).

Pursuant to the Consolidated Appropriations Act, 2008, Public Law

No. 110-161, 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.

An original and 10 copies of all pleadings, referring to STB

Finance Docket No. 35119, must be filed with the Surface Transportation

Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on Richard R. Wilson, 127

Lexington Ave., Suite 100, Altoona, PA 16601.

Board decisions and notices are available on our Web site at http:/

/www.stb.dot.gov.

Decided: March 28, 2008.

By the Board, David M. Konschnik, Director, Office of

Proceedings.

Anne K. Quinlan,

Acting Secretary.

FR Doc. E8-6865 Filed 4-3-08; 8:45 am

BILLING CODE 4915-01-P

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