[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Notices]
[Pages 4706-4707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2627]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[Docket No. AB-432X]


Delaware-Lackawanna Railroad Company, Inc.; Discontinuance 
Exemption; in Luzerne and Lackawanna Counties, PA

AGENCY: Surface Transportation Board, DOT.

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the Act), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions and proceedings 
to the Surface Transportation Board (Board). Section 204(b)(1) of 
the Act provides, in general, that proceedings pending before the 
ICC on the effective date of that legislation shall be decided under 
the law in effect prior to January 1, 1996, insofar as they involve 
functions retained by the Act. This notice relates to a proceeding 
that was pending with the ICC prior to January 1, 1996, and to 
functions that are subject to Board jurisdiction pursuant to 49 
U.S.C. 10903. Therefore, this notice applies the law in effect prior 
to the Act, and citations are to the former sections of the statute, 
unless otherwise indicated.
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ACTION: Notice of exemption.

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SUMMARY: The discontinuance of trackage rights over certain lines in 
Luzerne and Lackawanna Counties, PA, by Delaware-Lackawanna Railroad 
Company, Inc., is exempted from the 

[[Page 4707]]
prior approval requirements of 49 U.S.C. 10903-04, subject to standard 
employee protective conditions. The lines are as follows: (1) The 
Dunmore Secondary Track, between milepost 6.5, at Avoca, and milepost 
8.6, at Rocky Glen, a distance of 2.1 miles; (2) 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 Consolidated Rail Corporation 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 Delaware & Hudson Railway Company (D&H) in the middle 
of York Avenue, at milepost 0.867, a distance of 0.867 miles; (3) 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 194.4, in Kingston, a 
distance of 0.2 miles; (4) the Suscon Running Track, between milepost 
154.5, at Suscon, and milepost 156.6, at Suscon, a distance of 2.1 
miles; (5) the Wilkes-Barre Secondary, between milepost 169.2, at 
Ashley, and milepost 185.5, at Pittston, a distance of 16.3 miles; (6) 
the Nanticoke Industrial Track, between milepost 0.0, at Ashley, and 
milepost 2.6, at Central Scrap, a distance of 2.6 miles; (7) the Harry 
E. Breaker Spur, between milepost 0.1, at Maltby Junction, and milepost 
0.5, a distance of 0.4 miles; (8) the APC line, between milepost 0.0 
and milepost 0.6 in Wilkes-Barre, a distance of 0.6 miles; (9) the 
Brownsville Industrial Track, between milepost 0.0, at Hillside, and 
milepost 1.0, at Brownsville, a distance of 1.0 miles; (10) 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; (11) the 
Pettibone Branch, between milepost 0.0 and milepost 0.759, at 
Dorranceton, a distance of 0.759 miles; (12) the Kingston Industrial 
Track, between milepost 142.7, at Pittston Junction, and Railroad 
Station 8594+58, a distance of 8.1 miles; (13) the D&H Wilkes-Barre 
Connector, from milepost A-208.08, Hudson Yard to Conyngham Avenue, 
City of Wilkes-Barre, a distance of about 2.5 miles; (14) the Hanover 
Industrial Track, between milepost 0.0, at Ashley, and milepost 0.5, at 
Hanover Industrial Park, a distance of 0.5 miles; and (15) the Suscon 
Industrial Track, between milepost 154.5, at Suscon, and milepost 158.7 
at Hillside, a distance of 4.2 miles.

DATES: This exemption will be effective on March 8, 1996 unless stayed 
and provided no formal expression of intent to file an offer of 
financial assistance has been received. Formal expressions of intent to 
file an offer 2 of financial assistance under 49 CFR 1152.27(c)(2) 
must be filed by February 19, 1996, petitions for stay must be filed by 
February 22, 1996, and petitions to reopen must be filed by March 4, 
1996.

    \2\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).

ADDRESSES: Send pleadings referring to Docket No. AB-432X to: (1) 
Surface Transportation Board, Office of the Secretary, Case Control 
Branch, 1201 Constitution Avenue, N.W., Washington, DC 20423; and (2) 
Petitioner's representative: Kevin M. Sheys, Oppenheimer Wolff & 
Donnelly, 1020 Nineteenth Street, N.W., Suite 400, Washington, D.C. 
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20036.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5610. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To purchase a copy of the full decision, write to, 
call, or pick up in person from: DC NEWS & DATA, INC., 1201 
Constitution Avenue, N.W., Room 2229, Washington, D.C. 20423. Telephone 
(202) 289-4357/4359. [Assistance for the hearing impaired is available 
through TDD services (202) 927-5721.]

    Decided: January 23, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and Board 
Member Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-2627 Filed 2-6-96; 8:45 am]
BILLING CODE 4915-00-P