[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Notices]
[Page 77248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24513]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34785]


Reading Blue Mountain and Northern Railroad Company--Operation 
Exemption--Locust Valley Line

    Reading Blue Mountain and Northern Railroad Company (RBMN), a Class 
III rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to operate a 5-mile line of railroad owned by Locust Valley 
Coal Company d/b/a Locust Valley Line (Locust Valley).\1\ The rail line 
extends between milepost 0.0, at Laurel Jct. (also known as Morea 
Jct.), in Delano Township, and milepost 5.5 beyond Newton Jct., just 
south of Mahanoy City, Schuylkill County, PA. RBMN will operate over 
the rail line pursuant to an operating agreement with Locust Valley.\2\
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    \1\ Locust Valley was granted an exemption to acquire the line 
in Locust Valley Coal Company :d/b/a Locust Valley Line--Acquisition 
Exemption--Rail Lines in Schuylkill County, PA, STB Finance Docket 
No. 34642 (STB served Jan. 21, 2005).
    \2\ RBMN states that the line is currently out of service, but 
that it previously operated over the northern mile of the line ``as 
a spur'' to serve a single customer.
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    RBMN certifies that its projected annual revenues as a result of 
this transaction will not result in RBMN becoming a Class II or Class I 
rail carrier. In addition, RBMN states that its current annual revenues 
exceed $5 million. This triggers the 60-day advance labor notice 
requirement at 49 CFR 1150.42(e). RBMN has requested a waiver of that 
requirement. The waiver request will be addressed by the Board in a 
separate decision in this proceeding.
    As a result, the earliest this transaction will be able to be 
consummated will be either 60 days after RBMN certifies that it has 
satisfied the requirements of section 1150.42(e) or the effective date 
of a Board decision granting the requested waiver of the requirements 
of that provision.
    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. 34785, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Eric M. Hocky, Esquire, 
Gollatz, Griffin & Ewing, P.C., Four Penn Center, Suite 200, 1600 John 
F. Kennedy Blvd., Philadelphia, PA 19103-2808.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: December 21, 2005.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-24513 Filed 12-28-05; 8:45 am]
BILLING CODE 4915-01-P