[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Notices]
[Page 18607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6865]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35119]


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, temporary overhead trackage rights to Nittany and Bald Eagle 
Railroad Company (N&BE) over a portion of NSR's line between milepost 
194.2, Lock Haven, PA, and milepost 139.2, Driftwood, PA, a distance of 
approximately 55 miles.\1\
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    \1\ A redacted version of the trackage rights agreement between 
N&BE and NSR was filed with the notice of exemption. The full 
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), 
was concurrently filed under seal along with a motion for protective 
order. The request for a protective order is being addressed in a 
separate decision.
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    The transaction is scheduled to be consummated on or after April 
23, 2008, the effective date of the exemption (30 days after the 
exemption was filed). The temporary trackage rights will expire on 
December 30, 2008.
    The purpose of the temporary trackage rights 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 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 on or before 
April 16, 2008 (at least 7 days before the exemption becomes 
effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, 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. 35119, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Richard R. Wilson, 127 
Lexington Ave., Suite 100, Altoona, PA 16601.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 28, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-6865 Filed 4-3-08; 8:45 am]
BILLING CODE 4915-01-P