Nittany and Bald Eagle Railroad Company-Temporary Trackage Rights Exemption-Norfolk Southern Railway Company, 18607 [E8-6865]

Download as PDF Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices component parts and replacement parts). NHTSA notes that if VW wishes in the future to modify the device on which this exemption is based, the company may have to submit a petition to modify the exemption. Section 543.7(d) states that a Part 543 exemption applies only to vehicles that belong to a line exempted under this part and equipped with the anti-theft device on which the line’s exemption is based. Further, section 543.9(c)(2) provides for the submission of petitions ‘‘to modify an exemption to permit the use of an antitheft device similar to but differing from the one specified in that exemption.’’ The agency wishes to minimize the administrative burden that section 543.9(c)(2) could place on exempted vehicle manufacturers and itself. The agency did not intend, in drafting Part 543, to require the submission of a modification petition for every change to the components or design of an antitheft device. The significance of many such changes could be de minimis. Therefore, NHTSA suggests that if the manufacturer contemplates making any changes, the effects of which might be characterized as de minimis, it should consult the agency before preparing and submitting a petition to modify. Information Relay Service (FIRS) for the hearing impaired: 1–800–877–8339.] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision, which is available on our Web site https://www.stb.dot.gov. To purchase a copy of the full decision, write to, e-mail or call the Board’s contractor, ASAP Document Solutions; 9332 Annapolis Rd., Suite 103, Lanham, MD 20706; e-mail asapdc@verizon.net; phone (202) 306–4004. [Assistance for the hearing impaired is available through FIRS: 1–800–877–8339.] This action will not significantly affect either the quality of the human environment or energy conservation. Pursuant to 5 U.S.C. 605(b), we conclude that our action will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 1.50. Surface Transportation Board Issued on: March 31, 2008. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E8–7098 Filed 4–3–08; 8:45 am] DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Ex Parte No. 290 (Sub-No. 5) (2008– 2)] Quarterly Rail Cost Adjustment Factor Surface Transportation Board. Approval of rail cost adjustment AGENCY: ebenthall on PRODPC61 with NOTICES factor. SUMMARY: The Board has approved the second quarter 2008 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The second quarter 2008 RCAF (Unadjusted) is 1.077. The second quarter 2008 RCAF (Adjusted) is 0.497. The second quarter 2007 RCAF–5 is 0.471. EFFECTIVE DATE: March 31, 2008. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245–0333. [Federal VerDate Aug<31>2005 15:24 Apr 03, 2008 Jkt 214001 BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 35119] Nittany and Bald Eagle Railroad Company—Temporary Trackage Rights Exemption—Norfolk Southern Railway Company BILLING CODE 4910–59–P ACTION: Decided: March 31, 2008. By the Board, Chairman Nottingham, Vice Chairman Mulvey and Commissioner Buttrey. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–7079 Filed 4–3–08; 8:45 am] Norfolk Southern Railway Company (NSR) has agreed to grant non-exclusive, temporary overhead trackage rights to Nittany and Bald Eagle Railroad Company (N&BE) over a portion of NSR’s line between milepost 194.2, Lock Haven, PA, and milepost 139.2, Driftwood, PA, a distance of approximately 55 miles.1 The transaction is scheduled to be consummated on or after April 23, 2008, the effective date of the exemption (30 days after the exemption was filed). The temporary trackage rights will expire on December 30, 2008. The purpose of the temporary trackage rights is to allow N&BE adequate bridge train service for 1 A redacted version of the trackage rights agreement between N&BE and NSR 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. The request for a protective order is being addressed in a separate decision. PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 18607 temporary, seasonal traffic originating on the N&BE for delivery to an off-line destination. As a condition to this exemption, any employee 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), and any employee 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. Any stay petition must be filed on or before April 16, 2008 (at least 7 days before the exemption becomes effective). Pursuant to the Consolidated Appropriations Act, 2008, Public Law No. 110–161, 193, 121 Stat. 1844 (2007), nothing in this decision authorizes the following activities at any solid waste rail transfer facility: collecting, storing, or transferring solid waste outside of its original shipping container; or separating or processing solid waste (including baling, crushing, compacting, and shredding). The term ‘‘solid waste’’ is defined in section 1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35119, 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, 127 Lexington Ave., Suite 100, Altoona, PA 16601. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: March 28, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8–6865 Filed 4–3–08; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Notices]
[Page 18607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6865]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35119]


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, temporary overhead trackage rights to Nittany and Bald Eagle 
Railroad Company (N&BE) over a portion of NSR's line between milepost 
194.2, Lock Haven, PA, and milepost 139.2, Driftwood, PA, a distance of 
approximately 55 miles.\1\
---------------------------------------------------------------------------

    \1\ A redacted version of the trackage rights agreement between 
N&BE and NSR 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. The request for a protective order is being addressed in a 
separate decision.
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on or after April 
23, 2008, the effective date of the exemption (30 days after the 
exemption was filed). The temporary trackage rights will expire on 
December 30, 2008.
    The purpose of the temporary trackage rights is to allow N&BE 
adequate bridge train service for temporary, seasonal traffic 
originating on the N&BE for delivery to an off-line destination.
    As a condition to this exemption, any employee 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), and any employee 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. Any stay petition must be filed on or before 
April 16, 2008 (at least 7 days before the exemption becomes 
effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35119, 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, 127 
Lexington Ave., Suite 100, Altoona, PA 16601.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: March 28, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-6865 Filed 4-3-08; 8:45 am]
BILLING CODE 4915-01-P

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