[Federal Register Volume 67, Number 143 (Thursday, July 25, 2002)]
[Notices]
[Page 48703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18847]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34209]


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

    Delaware and Hudson Railway Company, Inc. d/b/a Canadian Pacific 
Railway (CPR), pursuant to a written trackage rights agreement entered 
into between CPR and Norfolk Southern Railway Company (NSR),\1\ has 
agreed to grant overhead trackage rights to NSR over approximately 
284.6 miles of CPR's freight main line, between NSR's connection with 
CPR at milepost 752.0 near Sunbury, PA, and CPR's connection with 
Guilford Rail System (GTI) at milepost 467.40 at Mechanicville, NY.
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    \1\ NSR is a wholly owned subsidiary of Norfolk Southern 
Corporation, a holding company.
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    The transaction is expected to be consummated no sooner than the 
latter of (1) July 12, 2002 (7 days after the exemption was filed), or 
(2) the expiration of any labor notice period to which NSR may be 
subject.
    Under the proposed transaction, NSR will obtain trackage rights for 
certain restricted types and volumes of traffic, including traffic for 
interchange with GTI and Canadian National Railway Company. The 
trackage rights will enable NSR to more efficiently access and serve 
customers in New York State, the New England States, and the eastern 
Canadian rail market, in conjunction with trackage rights concurrently 
being obtained in STB Finance Docket No. 34225, Norfolk Southern 
Railway Company--Trackage Rights Exemption--Reading Blue Mountain and 
Northern Railroad Company.\2\
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    \2\ Reading Blue Mountain and Northern Railroad Company (RBMN) 
has agreed to grant NSR overhead trackage rights over approximately 
56.7 miles of RBMN's Lehigh Line between milepost 119.3 in Lehighton 
Yard and milepost 175.5 in Dupont, PA.
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    As a condition to 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).
    The notice is filed under 49 CFR 1180.2(d)(7). 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34209, 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 John V. Edwards, Norfolk 
Southern Corp., Three Commercial Place, Norfolk, VA 23510-2191.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: July 18, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-18847 Filed 7-24-02; 8:45 am]
BILLING CODE 4915-00-P