[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Page 13445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5605]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35472]


Lycoming Valley Railroad Company-Operation Exemption--SEDA--COG 
Joint Rail Authority

    Lycoming Valley Railroad Company (LVRR), a Class III carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to operate 
approximately 0.4 miles of track, known as the Muncy Industrial Track, 
extending between milepost 0.0 and milepost 0.4 in Muncy, Lycoming 
County, Pa. The line is owned or leased by SEDA-COG Joint Rail 
Authority (SEDA-COG). LVRR states that the line it proposes to operate 
is an extension of its existing line of railroad it operates for SEDA-
COG and that it will amend its agreement dated December 13, 2006, with 
SEDA-COG to provide common carrier rail service to multiple shippers on 
this extended line of railroad.\1\
---------------------------------------------------------------------------

    \1\ While not submitted with the verified notice of exemption 
here, the operating agreement between SEDA-COG and LVRR has recently 
been filed at the Board in Susquehanna Union R.R.--Control 
Exemption--N. Shore R.R., Nittany & Bald Eagle R.R., Shamokin Valley 
R.R., Juniata Valley R.R., Lycoming Valley R.R., and Union Cnty. 
Indus. R.R., FD 35343, Pet. for Exemption Ex. B, Apr. 12, 2010. The 
parties are reminded that once the operator obtains Board 
authorization to provide common carrier rail service over a line, 
the common carrier obligation continues, notwithstanding any term of 
the parties' agreement, including term limitations and termination 
rights, unless and until the Board grants the appropriate 
discontinuance or abandonment authority. 49 U.S.C. 10903; Chicago & 
N. W. Transp. Co. v. Kalo Brick & Tile Co., 450 U.S. 311, 320 
(1981); Pittsburg & Shawmut R.R.--Aban. Exemption--in Armstrong and 
Jefferson Counties, Pa., AB 976X, slip op. at 1 (STB served Sept. 
15, 2005).
---------------------------------------------------------------------------

    LVRR indicates that it intends to interchange traffic with the 
Norfolk Southern Railway Company and/or Canadian Pacific Railway 
Company. LVRR also indicates that there are no interchange commitments 
in the operating agreement between it and SEDA-COG nor will there be 
any in the interchange agreements between LVRR and its connecting 
carriers as a result of this transaction.
    The proposed transaction is scheduled to be consummated on or after 
March 27, 2011, the effective date of the exemption (30 days after this 
exemption was filed).
    LVRR certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and further certifies that its projected annual 
revenues would not exceed $5 million.
    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 effectiveness of the exemption. 
Stay petitions must be filed no later than March 18, 2011 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35472, 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, Esq., 518 N. Center 
Street, Suite 1, Ebensburg, PA 15931.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 8, 2011.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-5605 Filed 3-10-11; 8:45 am]
BILLING CODE 4915-01-P