Federal Register, Volume 61 Issue 170 (Friday, August 30, 1996)

[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Notices]
[Page 46019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22202]


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DEPARTMENT OF TRANSPORTATION
[STB^{1 Finance Docket No. 33004]


Reading Blue Mountain & Northern Railroad Company--Acquisition 
and Operation Exemption--Consolidated Rail Corporation

    Reading Blue Mountain & Northern Railroad Company (RBMN), a Class 
III rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41: (1) to acquire and operate a total of approximately 104.22 
miles of rail line; and (2) to acquire a total of approximately 2.8 
miles of incidental trackage rights owned by Consolidated Rail 
Corporation (Conrail) and located in the Commonwealth of Pennsylvania. 
The proposed transaction was to be consummated on the date of final 
agreement of the parties but not sooner than August 20, 1996, the 
effective date of the exemption.
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 10902.
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    The lines involved in the acquisition by purchase are described as 
follows: the Lehigh Line from MP 119.4 at Lehighton Yard to MP 130.5 at 
a point near M&H Jct., and from MP 130.6 at a point near M&H Jct. to MP 
147.1 at Frazer, a distance of 27.6 miles; ^{2 the Lehigh Line from 
MP 143.8 at Frazer to MP 161.2 at Laurel Run, a distance of 17.4 miles; 
the Lehigh Line from MP 164.2 at Laurel Run to MP 212.2 at Mehoopany 
(500 feet west of the west portal of Vosburg Tunnel), a distance of 
48.0 miles; the Taylor Secondary line from MP 136.7 at Taylor to MP 
142.5 at Pittston, a distance of 5.8 miles; the Keyser Valley 
Industrial Track from MP 136.37 at Taylor to MP 140.7 at Cayuga, a 
distance of 4.33 miles; the Dunmore Running Track from MP 0.0 at Duryea 
Jct. to MP 0.7 at Topps Gum, a distance of 0.7 miles; and the Kerr-
McGee Lead from MP 0.0 at Avoca to MP 0.3 at the end of the track, a 
distance of 0.3 miles.
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    \2\ Conrail is conveying only Track No. 1 between MP 119.4 and 
MP 130.5, retaining Track No. 2; and is conveying incidental 
trackage rights to RBMN over the single track between MP 130.5 and 
MP 130.6.
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    The incidental trackage rights involved are described as follows: 
the Lehigh Line between MP 130.5 and MP 130.6, a distance of 0.1 miles; 
between Conrail's interchange with C&S at Packerton Jct., across 
Conrail's Track No. 2 to a connection with Track No. 1 that RBMN is 
acquiring, a distance of 0.1 miles; ^{3 through Taylor Yard to 
connect the Taylor Secondary Line and the Keyser Valley Line, a 
distance of approximately 0.8 miles; and from MP 136.7 at Taylor Yard 
to a point east of Bridge 60 at Scranton, a distance of approximately 
1.8 miles.^{4
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    \3\ RBMN has concurrently filed a notice of exemption in Reading 
Blue Mountain & Northern Railroad Company--Acquisition of Trackage 
Rights Exemption--C&S Railroad Corporation, Finance Docket No. 
33020.
    \4\ Conrail is in the process of selling the portion of Taylor 
Yard containing these lines to Delaware and Hudson Railway Company, 
Inc. (DHC), but will retain permanent trackage rights through Taylor 
Yard which it will assign, with the consent of DHC, to RBMN.
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    If the 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. 33004, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423 and served on: Eric M. Hocky, 
Gollatz, Griffin & Ewing, P.C., 213 West Miner Street, P. O. Box 796, 
West Chester, PA 19381-0796.

    Decided: August 22, 1996.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-22202 Filed 8-29-96; 8:45 am]
BILLING CODE 4915-00-P}}}}}