Nittany and Bald Eagle Railroad Company-Temporary Trackage Rights Exemption-Norfolk Southern Railway Company, 56769 [05-19269]

Download as PDF Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Notices available for public viewing on the Port of Anchorage Web site (www.portofanchorage.org) or at the Loussac Library in Anchorage. (Authority: 49 CFR 1.66) By order of the Maritime Administrator. Dated: September 22, 2005. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. 05–19288 Filed 9–27–05; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34725] Mid-Michigan Railroad, Inc.—Lease and Operation Exemption—CSX Transportation, Inc. The Mid-Michigan Railroad, Inc. (MMRR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41, et seq., to lease from CSX Transportation, Inc. (CSXT) and operate about 48 miles of railroad between: (1) Milepost CGC 34.5, in West Olive, MI, and milepost CGC 62.1, in Berry Station, MI; and (2) milepost CGD 0.0, in Berry Station, and milepost CGD 19.98,1 in Fremont, MI.2 MMRR certifies that its projected revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier. Because MMRR’s projected annual revenues will exceed $5 million, MMRR has certified to the Board on July 8, 2005, that the required notice of the transaction was posted at the workplace of the employees on the affected line on July 8, 2005, and was sent to the national offices of the labor unions representing employees on the line. See 49 CFR 1150.42(e). The transaction was scheduled to be consummated on September 9, 2005, the effective date of the exemption (which is more than 60 days after MMRR’s certification to the Board that it had complied with the Board’s rule at 49 CFR 1150.42(e)). 1 According to MMRR, the labor notice provided pursuant to 49 CFR 1150.42(e) indicated that the milepost at the end of the line in Fremont was CGD 19.6. MMRR has been advised by CSXT that milepost CGD 19.6 is used to signify the end of the line for operating purposes, but that the end of the line is actually milepost CGD 19.98. Therefore, MMRR and CSXT have amended all of their agreements to reflect the milepost for the end of the line in Fremont as CGD 19.98. MMRR states that the intent of the parties has always been that the lease extend to the end of the line and therefore no additional CSXT employees will be affected by the change of milepost. 2 MMRR indicates that an agreement will be reached between it and CSXT prior to consummation. VerDate Aug<31>2005 16:02 Sep 27, 2005 Jkt 205001 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 transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34725, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on Louis E. Gitomer, Esq., Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: September 20, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–19139 Filed 9–27–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34731] 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, overhead, temporary trackage rights to Nittany and Bald Eagle Railroad Company (N&BE) over a portion of NSR’s rail line between Lock Haven, PA, NSR milepost 194.2, and Driftwood, PA, NSR milepost 139.2, a distance of approximately 55 miles. The transaction was scheduled to be consummated on or after the September 19, 2005 effective date of the exemption, and will expire on November 30, 2005. The purpose of the temporary trackage rights is to allow N&BE to operate bridge train service for temporary, seasonal traffic.1 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 and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.— 1 A redacted version of the trackage rights agreement between NSR and N&BE 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. A protective order was served on September 21, 2005. PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 56769 Lease and Operate, 360 I.C.C. 653 (1980), any employees 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. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34731, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Richard R. Wilson, 127 Lexington Avenue, Suite 100, Altoona, PA 16601. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: September 21, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–19269 Filed 9–27–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Proposed Collection; Comment Request September 22, 2005. The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13. Currently, the Office of the Procurement Executive within the Department of the Treasury is soliciting comments concerning the OMB Control Number 1505–0107, Regulation on Agency Protests. Comments regarding this information collection should be addressed to the Treasury Department Clearance Officer, Department of the Treasury, Office of the Procurement Executive, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, (202) 622–6760. DATES: Written comments should be received on or before November 28, 2005 to be assured of consideration. E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Notices]
[Page 56769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19269]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34731]


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, overhead, temporary trackage rights to Nittany and Bald 
Eagle Railroad Company (N&BE) over a portion of NSR's rail line between 
Lock Haven, PA, NSR milepost 194.2, and Driftwood, PA, NSR milepost 
139.2, a distance of approximately 55 miles. The transaction was 
scheduled to be consummated on or after the September 19, 2005 
effective date of the exemption, and will expire on November 30, 2005. 
The purpose of the temporary trackage rights is to allow N&BE to 
operate bridge train service for temporary, seasonal traffic.\1\
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    \1\ A redacted version of the trackage rights agreement between 
NSR and N&BE 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. A protective order was served on September 21, 2005.
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    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 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), any employees 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34731, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Richard R. Wilson, 127 
Lexington Avenue, Suite 100, Altoona, PA 16601.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: September 21, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-19269 Filed 9-27-05; 8:45 am]
BILLING CODE 4915-01-P