[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27488-27489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10686]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36015]


Allegheny Valley Railroad Company--Temporary Trackage Rights 
Exemption--Norfolk Southern Railway Company

    Pursuant to a written trackage rights agreement (Agreement) dated 
April 12, 2016,\1\ Norfolk Southern Railway Company (NS), has agreed to 
grant non-exclusive, temporary overhead trackage rights to Allegheny 
Valley Railroad Company (AVR) over NS's line between CP Bloom, milepost 
351.6, and CP Home, milepost 347.8, in Pittsburgh, Pa., a distance of 
3.8 miles.
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    \1\ A redacted version of the fully executed Agreement between 
AVR and NS was filed with the notice. A confidential, unredacted 
version of the Agreement also was submitted under seal to be kept 
confidential by the Board under 49 CFR 1104.14(a).
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    The transaction may be consummated on or after May 21, 2016, the 
effective date of the exemption (30 days after the verified notice of 
exemption was filed). The purpose of the trackage rights is to allow 
AVR to operate bridge train service for a 125-day period while AVR 
rehabilitates a trestle on its Allegheny Subdivision. The temporary 
trackage rights will expire 125 days from the commencement date 
mutually agreed upon between AVR and NS, which commencement date shall 
not occur until after the effective date of the exemption but, pursuant 
to the Agreement, no later than July 15, 2016.
    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--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 the verified 
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. Petitions for 
stay must be filed no later than May 13, 2016 (at least seven days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36015, 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, Ebensburg, PA 15931.

[[Page 27489]]

    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: May 3, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2016-10686 Filed 5-5-16; 8:45 am]
 BILLING CODE 4915-01-P