[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13445-13446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5639]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35470]


North Shore Railroad Company-Operation Exemption-SEDA-COG Joint 
Rail Authority

    North Shore Railroad Company (NSRR), a Class III carrier, has filed 
a verified notice of exemption under 49 CFR 1150.41 to operate 
approximately 2.0 miles of track, known as the BIDA Industrial Track, 
extending between milepost 0.0 and milepost 2.0 in Berwick, Columbia 
County, Pa. The line is leased by SEDA-COG Joint Rail Authority (SEDA-
COG). NSRR 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\
---------------------------------------------------------------------------

    \1\ While not submitted with the verified notice of exemption 
here, the operating agreement between SEDA-COG and NSRR 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); Pittsburgh & 
Shawmut R.R.-Aban. Exemption-in Armstrong and Jefferson Counties, 
Pa., AB 976X, slip op. at 1 (STB served Sept. 15, 2005).
---------------------------------------------------------------------------

    NSRR indicates that it intends to interchange traffic with the 
Norfolk Southern Railway Company and/or Canadian Pacific Railway 
Company. NSRR 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 NSRR 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).
    NSRR 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 will 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 35470, 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 13446]]


    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-5639 Filed 3-10-11; 8:45 am]
BILLING CODE 4915-01-P