[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Notices]
[Pages 55074-55075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23340]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33895] \1\


Ohio Southern Railroad, Incorporated--Acquisition and Operation 
Exemption--Pennsylvania Lines LLC and Norfolk Southern Railway Company

    Ohio Southern Railroad, Incorporated (OSRR), a Class III carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to 
acquire by sublease from Pennsylvania Lines LLC (PRR) and Norfolk 
Southern Railway Company (NSR) and operate approximately 2.3 route 
miles of rail line between milepost RQ 36.0, at Wilbren, OH, and 
milepost RQ 38.1, at New Lexington, OH, including connecting tracks in 
the vicinity of New Lexington (line).\2\
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    \1\ On August 25, 2000, the Ohio Southern Railroad, Incorporated 
filed an Amended Verified Notice of Exemption in STB Finance Docket 
No. 33895. The notice being served today corrects and supersedes the 
Board's initial notice that was served on July 18, 2000, and 
published the same date at 65 FR 44571 by clarifying that the total 
length of track being acquired is 2.3 route miles and includes 
connecting tracks in the vicinity of New Lexington. The remainder of 
the Board's July 18, 2000 notice remains unchanged.
    \2\ On July 5, 2000, NSR filed a verified notice of exemption 
under the Board's class exemption procedures at 49 CFR 1180.2(d)(7). 
The notice covered an agreement between PRR, NSR and OSRR for the 
grant by OSRR to NSR of overhead trackage rights over the line. The 
trackage rights will enable NSR to continue operations over the line 
and facilitate the development of a more efficient routing for both 
OSRR and NSR to move traffic more expeditiously in the region. See 
Norfolk Southern Railway Company--Trackage Rights Exemption--Ohio 
Southern Railroad, Incorporated in Perry County, OH, STB Finance 
Docket No. 33900 (STB served July 18, 2000).
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    The transaction was expected to be consummated promptly following 
the effective date of the exemption. The earliest the transaction could 
be

[[Page 55075]]

consummated was July 7, 2000, 7 days after the exemption was filed.
    The transaction is related to Ohio Southern Railroad, 
Incorporated--Acquisition and Operation Exemption--Glouster Coal 
Company, Glouster, OH, STB Finance Docket No. 33896 (STB served July 
18, 2000) and Ohio Southern Railroad, Incorporated--Trackage Rights 
Exemption--Pennsylvania Lines LLC and Norfolk Southern Railway Company, 
STB Finance Docket No. 33902 (STB served July 18, 2000), to exempt 
OSRR's extension of service over Glouster Coal Company's line serving 
its Buckingham Mine and OSRR's trackage rights over NSR's West 
Secondary line from New Lexington to a point near Glouster, OH. Upon 
consummation of these transactions OSRR will be able to provide coal 
transportation service in conjunction with NSR from the Buckingham Mine 
to customers of Glouster Coal Company located on or accessed via the 
lines of OSRR.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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. 33895, 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 Kelvin J. Dowd, Esq., Slover & Loftus, 1224 Seventeenth 
Street, N.W., Washington, DC 20036.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: September 5, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-23340 Filed 9-11-00; 8:45 am]
BILLING CODE 4915-00-P