[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Notices]
[Page 61903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23450]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34562]


Norfolk Southern Railway Company--Trackage Rights Exemption--
Delaware and Hudson Railway Company, Inc.

    Pursuant to a trackage rights agreement dated September 30, 2004, 
between Norfolk Southern Railway Company (NSR) and Delaware and Hudson 
Railway Company, Inc. (D&H),\1\ D&H has agreed to grant NSR 
approximately 155.24 miles of overhead trackage rights over the 
following lines: (1) Between milepost 37.10<plus-minus> of D&H's 
Canadian Main Line in Saratoga Springs, NY, and the point of connection 
between D&H's Canadian Main Line and D&H's Freight Main Line at CPF 
480, located at milepost 21.70<plus-minus> of D&H's Canadian Main Line, 
a total distance of approximately 15.4 miles; (2) between milepost 
480.36<plus-minus> and milepost 611.15<plus-minus> of D&H's Freight 
Main Line in Binghamton, NY, a distance of approximately 130.79 miles; 
and (3) between milepost 611.15<plus-minus> and milepost 620.20<plus-
minus> of D&H's Freight Main Line (including tracks into and within 
D&H's East Binghamton Yard) in Binghamton, NY, a distance of 
approximately 9.05 miles.
---------------------------------------------------------------------------

    \1\ A redacted version of the trackage rights agreement between 
NSR and D&H 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. A protective order was served on October 8, 2004.
---------------------------------------------------------------------------

    The transaction was scheduled to be consummated on or after the 
anticipated October 8, 2004, effective date of this exemption.\2\
---------------------------------------------------------------------------

    \2\ By decision served on October 7, 2004, the effective date of 
the exemption was stayed until October 27, 2004, to allow for review 
of certain documents, filing of a petition to revoke, and the 
Board's consideration of the stay request filed in this proceeding. 
Accordingly, consummation of the transaction cannot occur until 
October 27, 2004.
---------------------------------------------------------------------------

    The purpose of the trackage rights is to allow for: (1) The 
overhead movement between Saratoga Springs and Binghamton of trains by 
NSR, which are currently handled by D&H for NSR's account between 
Saratoga Springs and Rouses Point, NY, pursuant to a haulage agreement 
between NSR and D&H, and (2) movements over D&H's terminal trackage, 
including within D&H's East Binghamton Yard. Additionally, traffic 
moved by the trackage rights will be blocked and switched in D&H's East 
Binghamton Yard pursuant to a switching agreement between NSR and D&H.
    As a condition of this exemption, any employees affected by the 
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).
    This notice is filed under 49 CFR 1180.2(d)(7). 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34562, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Richard A. Allen, Zuckert, 
Scoutt & Rasenberger LLP, 888 Seventeenth Street, Suite 600, 
Washington, DC 20006-3939.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 13, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-23450 Filed 10-20-04; 8:45 am]
BILLING CODE 4915-01-P