[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Notices]
[Page 34530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14664]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35371]


Nittany & Bald Eagle Railroad Company--Temporary Trackage Rights 
Exemption--Norfolk Southern Railway Company

    Norfolk Southern Railway Company (NSR), pursuant to a written 
trackage rights agreement dated April 13, 2010, has agreed to grant 
nonexclusive overhead temporary trackage rights to Nittany & Bald Eagle 
Railroad Company (N&BE), between Lock Haven and Driftwood, Pa., from 
milepost BR 194.2 to milepost BR 139.2, a distance of approximately 55 
miles.\1\
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    \1\ A redacted, executed trackage rights agreement between NSR 
and N&BE was filed with the notice of exemption. The unredacted 
version was concurrently filed under seal along with a motion for 
protective order, which will be addressed in a separate decision.
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    The transaction may be consummated on or after July 1, 2010, and 
the temporary trackage rights are scheduled to expire on December 15, 
2010. 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 employees affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk and Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Railway--Lease and Operate--California Western 
Railroad, 360 I.C.C. 653 (1980), and any employees affected by the 
discontinuance of those trackage rights will be protected by the 
conditions set out in Oregon Short Line Railroad and The Union Pacific 
Railroad Company--Abandonment--Portion Goshen Branch Between Firth and 
Ammon, in Bingham and Bonneville Counties, Idaho, 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. Petitions for stay must be filed no later than 
June 24, 2010 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35371, 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 Richard R. Wilson, 518 N. Center Street, 
Suite 1, Ebensburg, PA 15931.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: June 14, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-14664 Filed 6-16-10; 8:45 am]
BILLING CODE 4915-01-P