[Federal Register Volume 59, Number 184 (Friday, September 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23592]

[[Page Unknown]]

[Federal Register: September 23, 1994]


[Finance Docket No. 32563]


Luzerne and Susquehanna Railway Company--Lease and Operation 
Exemption--Certain Lines of Luzerne County Rail Corporation, F&L 
Realty, Inc., and Pocono Northeast Railway, Inc.

    The Luzerne and Susquehanna Railway Company (L&SR), a noncarrier, 
has filed a notice of exemption to lease and operate certain rail lines 
of the Luzerne County Rail Corporation (LCRC) in Luzerne and Lackawanna 
Counties, PA, which rail lines LCRC leases with an option to purchase, 
pending full funding, from lessors F & L Realty, Inc., and Pocono 
Northeast Railway, Inc., as follows: (1) The Brownsville Industrial 
Track, between milepost 0.0, at Hillside, and milepost 1.0, at 
Brownsville, a distance of 1.0 miles; (2) The Dunmore Secondary Track, 
between milepost 6.5, at Avoca, and milepost 8.6, at Rocky Glen, a 
distance of 2.1 miles; (3) The Suscon Running Track, between milepost 
154.5, at Suscon, and milepost 156.6, at Suscon, a distance of 2.1 
miles; (4) The Wilkes-Barre Secondary, between milepost 169.2, at 
Ashley, and milepost 185.5, at Pittston, a distance of 16.3 miles; (5) 
The Avoca Industrial Track, between milepost 1.8, at No. 7 Junction, 
and milepost 6.5, at Avoca, a distance of 4.7 miles, including the 
connection with the track of Conrail, between ``LB'' junction and the 
switch of the Dunmore Secondary Track, a distance of 0.123 miles, and 
the Langcliff Connecting Track, between milepost 0.0, at Duryea, and 
the connection with the Delaware & Hudson (CP) in the middle of York 
Avenue, at milepost 0.867, a distance of 0.867 miles; (6) The West 
Pittston Running Track, between milepost 0.0, at West Pittston, and 
milepost 3.0, at Harding, a distance of 3.0 miles, and between milepost 
186.4, at West Pittston, and milepost 190.2, at Wyoming, a distance of 
3.8 miles, and between milepost 194.2, and milepost 194.4, in Kingston, 
a distance of 0.2 miles; (7) The Nanticoke Industrial Track, between 
milepost 0.0, at Ashley, and milepost 2.6, at Central Scrap, a distance 
of 2.6 miles; (8) The Harry E. Breaker Spur, between milepost 0.1, at 
Maltby Junction, and milepost 0.5, a distance of 0.4 miles; (9) The APC 
line, between milepost 0.0, and milepost 0.6, in Wilkes Barre, a 
distance of 0.6 miles; (10) The Miner's Mills Industrial Track, between 
milepost 173.6, at North Wilkes Barre, and milepost 176.1, at Hudson, a 
distance of 2.5 miles; (11) The Wilkes Barre Industrial Track, between 
milepost 59.9, at Ferry Street, and milepost 62.9, at Wilkes Barre, a 
distance of 3.0 miles; (12) The Pettibone Branch, between milepost 0.0 
and milepost 0.759, at Dorranceton, a distance of 0.759 miles; (13) The 
Kingston Industrial Track, between milepost 142.7, at Pittston 
Junction, and Railroad Station 8594+58, a distance of 8.1 miles; (14) 
The DH Wilkes Barre Connector, from milepost A-208.08, Hudson Yard, to 
Conyngham Avenue, City of Wilkes Barre, a distance of 2.5 miles.
    L&SR also will acquire operating rights over the GWBP Industrial 
Track between milepost 0.0, at Ashley, and milepost 0.5, at Hanover 
Industrial Park, a distance of 0.5 miles, and the Suscon Industrial 
Track between milepost 154.5, at Suscon and milepost 158.7, at 
Hillside, a distance of 4.2 miles. These two segments are owned by the 
Greater Wilkes-Barre Partnership, Inc. (GWBP) and IR, Inc.
    The rail line L&SR will lease and operate totals approximately 
55.55 miles, plus the approximately 4.7 miles covered by the operating 
rights described above.
    This proceeding is related to Steven C. May--Continuance in Control 
Exemption--Luzerne and Susquehanna Railway Company, Finance Docket No. 
32564, wherein Steven C. May filed a notice of exemption seeking to 
continue in control of L&SR, and three other railroads which he 
controls--Owego & Harford Railway, Inc., Lackawanna Valley Railroad 
Corporation, and Lackawanna Railway, Inc.--upon L&SR becoming a 
    L&SR expected to consummate its lease of the involved lines on 
August 25, 1994, or as soon thereafter as the notices of exemption 
became effective.1

    \1\By decision served September 1, 1994, the Commission denied a 
petition filed by the Delaware Lackawanna Railroad Co., Inc., 
seeking to stay or reject the notices of exemption in these two 
proceedings. The notices became effective on August 25, 1994.

    Any comments must be filed with the Commission and served on: Eric 
B. Lee, Somma, Sullivan & Lee, 501 Plaza Drive, Vestal, NY 13850.
    The notice is filed under 49 CFR 1150.31. If the notice contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the transaction.

    Decided: September 16, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-23592 Filed 9-22-94; 8:45 am]