[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Page 24084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10414]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35485]


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 February 25, 2011, has agreed to grant 
nonexclusive overhead temporary trackage rights to Nittany & Bald Eagle 
Railroad Company (N&BE) over a portion of NSR's line of railroad 
between Lock Haven, PA (milepost BR 194.2), and Driftwood, PA (milepost 
BR 139.2), a distance of 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 is scheduled to be consummated on or after May 15, 
2011, the effective date of the exemption (30 days after the exemption 
was filed). The temporary trackage rights are scheduled to expire on 
December 15, 2011. The purpose of the temporary trackage rights is to 
allow N&BE to operate bridge train service for temporary, seasonal 
traffic originating on 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 & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Railway, Inc.--Lease & 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 & The Union Pacific 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & 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 
May 6, 2011 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35485, 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: April 26, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-10414 Filed 4-28-11; 8:45 am]
BILLING CODE 4915-01-P