[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13446-13447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5613]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35471]
Nittany Bald and Eagle Railroad Company-Operation Exemption-SEDA-
COG Joint Rail Authority
Nittany Bald and Eagle Railroad Company (N&BE), a Class III
carrier, has filed a verified notice of exemption under 49 CFR 1150.41
to operate approximately 1.8 miles of track, known as the Castanea
Branch, extending between milepost 0.0 and milepost 1.8 in Castanea,
Clinton County, Pa. The line is owned or leased by SEDA-COG Joint Rail
Authority (SEDA-COG). N&BE states that the line it proposes to operate
is an extension of its existing line of railroad it operates for SEDA-
COG and that it will amend its agreement dated December 13, 2006, with
SEDA-COG to provide common carrier rail service to multiple shippers on
this extended line of railroad.\1\
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\1\ While not submitted with the verified notice of exemption
here, the operating agreement between SEDA-COG and N&BE has recently
been filed at the Board in Susquehanna Union R.R.-Control Exemption-
N. Shore R.R., Nittany & Bald Eagle R.R., Shamokin Valley R.R.,
Juniata Valley R.R., Lycoming Valley R.R., and Union Cnty. Indus.
R.R., FD 35343, Pet. for Exemption Ex. B, Apr. 12, 2010. The parties
are reminded that once the operator obtains Board authorization to
provide common carrier rail service over a line, the common carrier
obligation continues, notwithstanding any term of the parties'
agreement, including term limitations and termination rights, unless
and until the Board grants the appropriate discontinuance or
abandonment authority. 49 U.S.C. 10903; Chicago & N. W. Transp. Co.
v. Kalo Brick & Tile Co., 450 U.S. 311, 320 (1981); Pittsburg &
Shawmut R.R.-Aban. Exemption-in Armstrong and Jefferson Counties,
Pa., AB 976X, slip op. at 1 (STB served Sept. 15, 2005).
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N&BE indicates that it intends to interchange traffic with the
Norfolk Southern Railway Company and/or Canadian Pacific Railway
Company. N&BE also indicates that there are no interchange commitments
in the operating agreement between it and SEDA-COG nor will there be
any in the interchange agreements between N&BE and its connecting
carriers as a result of this transaction.
The proposed transaction is scheduled to be consummated on or after
March 27, 2011, the effective date of the exemption (30 days after this
exemption was filed).
N&BE certifies that its projected annual revenues as a result of
this transaction will not exceed those that would qualify it as a Class
III rail carrier and further certifies that its projected annual
revenues would not exceed $5 million.
If the notice 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 effectiveness of the exemption.
Stay petitions must be filed no later than March 18, 2011 (at least 7
days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35471, 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, Esq., 518 N. Center
Street, Suite 1, Ebensburg, PA 15931
Board decisions and notices are available on our Web site at
``WWW.STB.DOT.GOV.''
Decided: March 8, 2011.
[[Page 13447]]
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-5613 Filed 3-10-11; 8:45 am]
BILLING CODE 4915-01-P