[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Notices]
[Pages 18677-18678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07015]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35720]


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

    Norfolk Southern Railway Company (NS), pursuant to a written 
trackage rights Agreement (Agreement), has agreed to grant non-
exclusive, temporary, overhead trackage rights to Nittany and Bald 
Eagle Railroad Company (N&BE) over NS's line of railroad between 
milepost BR 194.2, at Lock Haven, PA, and milepost BR 139.2, at 
Driftwood, PA, a distance of 55 miles.\1\
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    \1\ A redacted version of the Agreement between NS and N&BE was 
filed with the notice of exemption. N&BE simultaneously filed a 
motion for protective order to protect the confidential and 
commercially sensitive information contained in the unredacted 
version of the Agreement, which N&BE submitted under seal in this 
proceeding. That motion will be addressed in a separate decision.
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    The transaction may be consummated on or after April 10, 2013, the 
effective date of the exemption (30 days after the verified notice of 
exemption was filed). The temporary trackage rights are scheduled to 
expire on or about December 30, 2013. The purpose of the temporary 
trackage rights is to allow N&BE to operate bridge train service for 
temporary, seasonal traffic.
    As a condition to this exemption, any employees affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Railway, Inc.--Lease & Operate--California Western 
Railroad, 360 I.C.C. 653 (1980), and any employees affected by the 
discontinuance of those trackage rights will be protected by the 
conditions set out in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 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)

[[Page 18678]]

may be filed at any time. The filing of a petition to revoke will not 
automatically stay the transaction. Petitions for stay must be filed no 
later than April 3, 2013 (at least 7 days before the exemption becomes 
effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35720, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Richard R. Wilson, 518 N. Center Street Ste. 
1, Edensburg, PA 15931.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: March 22, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-07015 Filed 3-26-13; 8:45 am]
BILLING CODE 4915-01-P