[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Notices]
[Page 20692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09660]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36283]


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

    Allegheny Valley Railroad Company (AVR) has filed a verified notice 
of exemption under 49 CFR 1180.2(d)(8) for acquisition of nonexclusive, 
temporary overhead trackage rights over a rail line of Norfolk Southern 
Railway Company (NSR) between CP Bloom, milepost PT 351.6 +/-, and CP 
Home, milepost PT 347.8 +/-, in Pittsburgh, Pa., a distance of 
approximately 3.8 miles.
    AVR states that, pursuant to a written letter Agreement for Detour 
of Trains for Operating Convenience (Agreement), NSR has agreed to 
grant the specified temporary overhead trackage rights to AVR.\1\ 
According to AVR, the purpose of the temporary trackage rights is to 
accommodate AVR's detour operations over NSR's line and permit 
continued rail service between several of AVR's rail lines while a 
trestle rehabilitation project is conducted on a nearby AVR rail 
line.\2\
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    \1\ A copy of the Agreement, dated April 23, 2019, is included 
in the verified notice as Exhibit 2.
    \2\ AVR states that similar temporary trackage rights were 
authorized by the Board in 2016 in connection with the first phase 
of the trestle rehabilitation. Allegheny Valley R.R.--Temp. Trackage 
Rights Exemption--Norfolk S. Ry., FD 36015 (STB served May 6, 2016).
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    The transaction may be consummated on or after May 25, 2019, the 
effective date of the exemption (30 days after the verified notice of 
exemption was filed). Under the Agreement, the temporary trackage 
rights will expire on September 27, 2019 (125 days after the exemption 
becomes effective).
    As a condition to this exemption, any employees affected by the 
acquisition of the 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).
    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 to stay must be filed by May 17, 2019 (at least 
seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36283, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on AVR's representative, Thomas J. 
Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, 
Chicago, IL 60606-3208.
    Board decisions and notices are available at www.stb.gov.

    Decided: May 7, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2019-09660 Filed 5-9-19; 8:45 am]
 BILLING CODE 4915-01-P