THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORP. NYSW B

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1 THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORP. NYSW B - SWITCHING RULES AND MISCELLANNEOUS CHARGES - AT STATIONS ON THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY This tariff is governed by NYSW Conditions of Carriage #1 Cancels provisions of Tariff NYSW 8155-O

2 PAGE 1 TABLE OF CONTENTS ITEM SUBJECT PAGE NO. 100 Switching Switch Maintenance Storage of Empty Cars Storage of Loaded Cars Special Train Service Reweighing Cars Ordered and Not Used Movement of Empty Private Cars Fuel Surcharge Surcharge Cortland, NY 4

3 PAGE 2 ITEM 100 SWITCHING Switching charges apply on shipments loaded or unloaded within the same switching district for intra-plant or intra-terminal switching service. Switching Charge - $ per car. ITEM 150 SWITCH MAINTENANCE The NYSW will assess a switch maintenance fee of $2, per year if a customer does not receive and/or ship a minimum of six (6) cars per calendar year. ITEM 200 STORAGE OF EMPTY CARS The NYSW will assess a storage charge of $2.00 per car per day on empty cars from the time the NYSW places the car in storage until the time the customer requests the car returned to service. The NYSW will assess a switching charge of $ per car for the movement of each car from the storage track to interchange with a connecting carrier when the car is recalled into operation. If a car is placed into operation for loading on the NYSW the switching charge will not apply. ITEM 250 STORAGE OF LOADED CARS The NYSW will assess a storage charge of $5.00 per car per day on loaded cars from the time the NYSW places the car into storage until the time the car is unloaded or billed to a destination. ITEM 300 SPECIAL TRAIN SERVICE The NYSW will assess a charge of $4, per train for special train movements in addition to applicable freight charges. Special train movements are all movements of freight cars and industrial switching service that require special handling other than during regularly scheduled train service due to movement restrictions on particular freight cars or service required outside scheduled service times.

4 PAGE 3 ITEM 400 REWEIGHING The NYSW will assess a charge of $80.00 per car for weighing of cars on the NYSW. This charge applies to each loaded and/or empty weighing of each car. ITEM 500 CARS ORDERED AND NOT USED The NYSW will assess a charge of $ per car on empty cars ordered by a customer for loading when the customer cancels the car order after the NYSW receives the car but before the car is placed for loading. The NYSW will assess a charge of $ per car on empty cars ordered by a customer for loading when the customer cancels the car order after the car is placed for loading. ITEM 550 MOVEMENT OF EMPTY PRIVATE CARS The NYSW will assess a charge of $ per car and $0.45 per mile of actual movement on empty private cars received at interchange and/or delivered to interchange and not immediately preceded or followed by a revenue line-haul movement. Mileage will be computed from interchange to the NYSW to interchange from the NYSW. Storage charges, per Item 200 will be assessed in addition to charges for movement of empty private cars. Private car mileage allowances will not be paid on cars moving under provisions of this item.

5 PAGE 4 ITEM 600 FUEL SURCHARGE In the event the price of West Texas Intermediate Crude Oil, as published in the Wall Street Journal, equals or exceeds $28.00 per barrel for thirty (30) consecutive days, the NYSW retains the right to apply a fuel surcharge to the line haul freight charge(s) referencing this authority in effect on the date the fuel surcharge is applied, herein after referred to as the Base Freight Charge(s). If this option is exercised, the fuel surcharge shall be applied according to the following schedule. West Texas Intermediate Crude Oil Cumulative Fuel Surcharge (Price per barrel) (Percentage) $ % $ % $ % $ % Each $5.00 per barrel increase thereafter An additional 2% The price of West Texas Intermediate Crude Oil must equal or exceed a given bracket for thirty (30) consecutive days for the surcharge under that bracket to be applicable. If the price of West Texas Intermediate Crude Oil ceases to be available from the Wall Street Journal or some other readily accessible source, a substitute to measure will be utilized. Any fuel surcharge applied to the line haul freight charges(s) referencing this authority will be removed or reduced when the price of West Texas Intermediate Crude Oil remains below the price which triggers a specific surcharge bracket for thirty (30) days. Reductions will be made promptly after they become applicable. In no case will the freight charge(s) be reduced below the Base Freight Charge(s) nor will the application or removal of the fuel surcharge be retroactive. ITEM 650 SURCHARGE CORTLAND, NY Cortland, NY all inbound and outbound traffic from Mile Post 70.78, Main Street, to end of track on the Cortland Industrial Track is subject to a surcharge of $1, per car. Surcharge expires May 31, 2003.