[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Notices]
[Page 68352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34021]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 32940 (Sub-No. 1)]


Buffalo & Pittsburgh Railroad, Inc.; Trackage Rights Exemption--
Pittsburg & Shawmut Railroad, Inc.

    Pittsburg & Shawmut Railroad, Inc. (PSR), a Class III rail carrier, 
has agreed to grant overhead trackage rights to Buffalo & Pittsburgh 
Railroad, Inc. (BPRR), a Class II rail carrier, over approximately 7.4 
miles of rail line in the State of Pennsylvania on PSR's Laurel 
Subdivision between milepost 60.0, near Falls Creek, and milepost 67.0, 
near East Dubois, together with approximately 2,200 feet of connecting 
track between PSR's Laurel Subdivision and BPRR's Wharton Subdivision 
(at approximately mileposts 3.3 and 3.4) (collectively, the subject 
lines).<SUP>1</SUP>
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    \1\ The trackage rights agreement filed in STB Finance Docket 
No. 32940 (Sub-No. 1) will amend the trackage rights agreement 
between the parties, dated May 2, 1996, to include these additional 
rights.
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    The purpose of the trackage rights is to allow BPRR to shift 
traffic from a portion of its Wharton subdivision that is in need of 
rehabilitation to the subject lines that are in better condition, and 
to allow BPRR to continue to serve its local customers in a safe and 
more efficient manner.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected as required by 49 U.S.C. 11326(b), 
subject to the procedural interpretations of the analogous statutory 
provisions at 49 U.S.C. 10902 contained in the Board's decision in 
Wisconsin Central Ltd.--Acquisition Exemption--Lines of Union Pacific 
Railroad Company, STB Finance Docket No. 33116 (STB served Apr. 17, 
1997) (WCL Exemption).
    The transaction is scheduled to be consummated on or after December 
22, 1997.<SUP>2</SUP>
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    \2\ The notice to employees discussed in WCL Exemption and 
recently adopted as a requirement for certain transactions in 
Acquisition of Rail Lines Under 49 U.S.C. 10901 and 10902--Advance 
Notice of Proposed Transactions, STB Ex Parte No. 562 (STB served 
Sept. 9, 1997), does not apply to exempt trackage rights 
transactions.
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    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. 32940 (Sub-No. 1) must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Eric M. Hockey, Esq., Gollatz, Griffin & 
Ewing, P.C., 213 W. Miner Street, P.O. Box 796, West Chester PA 19381-
0796.

    Decided: December 22, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-34021 Filed 12-30-97; 8:45 am]
BILLING CODE 4915-00-P