[Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Page 20434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5738]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34851]


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

    Norfolk Southern Railway Company (NSR) has agreed to grant non-
exclusive, overhead, temporary trackage rights to Nittany and Bald 
Eagle Railroad Company (N&BE), over a portion of NSR's line between 
Driftwood, PA, at or near milepost 139.2, and Lock Haven, PA, at or 
near milepost 194.2, a distance of approximately 55 miles.\1\
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    \1\ In conjunction with its Notice of Exemption, N&BE filed a 
motion for a protective order to cover the written agreement between 
N&BE and NSR, the Temporary Trackage Rights Agreement. In a decision 
served on April 12, 2006, the Board granted the motion for a 
protective order, finding that N&BE's motion conformed to the 
Board's rules at 49 CFR 1104.14, governing protective orders to 
maintain the confidentiality of materials submitted to the Board. An 
unredacted version of the agreement was subject to the Protective 
Order and Undertakings, ensuring that the parties' confidential 
information would be used solely for this proceeding and not for 
other purposes.
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    The transaction is scheduled to be consummated on a date mutually 
agreed to in writing between N&BE and NSR, but shall occur no earlier 
than April 7, 2006, the effective date of the exemption (7 days after 
the exemption was filed). The temporary trackage rights will expire on 
December 30, 2006.
    The purpose of this transaction is to allow N&BE adequate bridge 
train service for temporary, seasonal traffic originating on the N&BE 
for delivery to an off-line destination.
    As a condition to this exemption, any employees affected by the 
acquisition of 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 employees affected by the 
discontinuance of these temporary 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34732, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Richard R. Wilson, Esq., 127 
Lexington Avenue, Suite 100, Altoona, PA 16601.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 12, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-5738 Filed 4-19-06; 8:45 am]
BILLING CODE 4915-01-P