[Federal Register Volume 74, Number 77 (Thursday, April 23, 2009)]
[Notices]
[Pages 18606-18607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9176]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35222]


Nittany and Bald Eagle Railroad Company--Temporary Trackage 
Rights Exemption--Norfolk Southern Railway Company

    Norfolk Southern Railway Company (NSR), pursuant to a written 
trackage rights agreement entered into between NSR and Nittany and Bald 
Eagle Railroad Company (N&BE),\1\ has agreed to grant temporary, non-
exclusive, overhead trackage rights to 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 approximately 55 
miles.
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    \1\ A redacted version of the trackage rights agreement was 
filed with the notice of exemption. The full 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 7, 
2009, the effective date of the exemption (30 days after the exemption 
was filed). The temporary trackage rights will expire on December 15, 
2009. 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 employee affected by the 
acquisition of the temporary 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), and any employee affected by the 
discontinuance of those trackage rights will be protected by the 
conditions set out in Oregon Short Line R. Co.--Abandonment--Goshen, 
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. Any stay petition must be filed by April 30, 2009 
(at least 7 days before the exemption becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35222, 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, Esq., 127 
Lexington Avenue, Ste. 100, Altoona, PA 16601.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.


[[Page 18607]]


    Decided: April 16, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-9176 Filed 4-22-09; 8:45 am]
BILLING CODE 4915-01-P