[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Notices]
[Page 34564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14134]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35823]


East Broad Top Railroad Preservation Association--Acquisition and 
Operation Exemption--Kovalchick Salvage Corporation

    East Broad Top Railroad Preservation Association (the Association), 
a noncarrier, filed a verified notice of exemption under 49 CFR 1150.31 
to acquire and operate a line of railroad (the Line) near Mt. Union, 
Pa. The Line consists of two segments: (1) The Mount Union Industrial 
Track (MUIT), extending between Railroad milepost 0.2, immediately west 
of the point of switch at Railroad Station 4085+96 at the junction with 
Norfolk Southern Railway (NSR) at Mt. Union, Pa., to the end of the 
track at milepost 1.4 at Railroad Station 4025+00, and (2) the original 
East Broad Top Main Line (EBT) extending from its connection with the 
MUIT at MUIT milepost 1.1, MUIT Railroad Station 4038+39 (EBT milepost 
1.1, EBT Railroad Station 77+57) to EBT milepost 4.4.\1\
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    \1\ As set forth later in this notice, the Association acquired 
the Line in 2013 but only now is seeking Board authority for its 
acquisition. Also, a clarification filed by the Association and the 
East Broad Top Connecting Railroad (EBTCR) on May 30, 2014, corrects 
the mileposts of the EBT. A further clarification filed on June 3, 
2014, confirms that the portion of the MUIT acquired by the 
Association extends between mileposts 0.2 and 1.4. As corrected, 
therefore, the verified notice pertains to the portion of the MUIT 
acquired by the Association between milepost 0.2 and milepost 1.4 
(1.2 miles) and the portion of the EBT acquired by the Association 
between its connection with the MUIT at MUIT milepost 1.1 (EBT 
milepost 1.1) and EBT milepost 4.4 (3.3 miles), for a total distance 
of 4.5 miles.
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    The Line was formerly owned by the Kovalchick Salvage Corp. (KOVC) 
\2\ and now is owned by the Association. The Association acquired the 
Line from KOVC in 2013 and belatedly seeks Board authority for that 
acquisition now.
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    \2\ The MUIT was owned by Consolidated Rail Corp. (Conrail) and 
purchased by KOVC pursuant to an offer of financial assistance under 
49 U.S.C. Sec.  10904. See Consol. Rail Corp.--Aban.--Huntingdon 
Cnty., Pa., AB 167 (Sub-No. 1175) (STB served Apr. 10, 1997). In 
1956, the EBT was authorized for abandonment, see E. Broad Top R.R. 
& Coal Co. Abandonment, 295 I.C.C. 814 (1956), and apparently 
purchased by the then-owner of KOVC, see Tex. & Okla. R.R.--Acquis. 
& Operation Exemption--Atchison, Topeka, and Santa Fe Ry., FD 31870, 
at n.13 (ICC served April 20, 1992) (describing how East Broad Top 
Railroad ceased freight operations and was ``shut down'' in 1956 by 
its then-owner and subsequently was purchased by the then-owner of 
KOVC).
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    The Association states that no common carrier service has been 
provided over the MUIT since Conrail filed for abandonment in 1997. The 
Association also states that no common carrier freight rail service has 
been provided over the EBT in many years. The Association states that 
it will enter into an operating agreement with a newly formed Class III 
common carrier, EBTCR, to operate over the Line.\3\ This includes 
providing service over the EBT when that trackage becomes capable of 
handling standard gauge cars following conversion of the EBT from a 
narrow gauge line to dual gauge.
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    \3\ On March 20, 2014, EBTCR filed a verified notice of 
exemption seeking authority to operate over the Line in East Broad 
Top Connecting Railroad--Operating Exemption--East Broad Top 
Railroad Preservation Ass'n, Docket No. FD 35811.
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    The Association states that the Line has a physical connection with 
NSR at milepost 0.2, there are no other connections with common carrier 
railroads, and there is no agreement containing any provision imposing 
interchange commitments or restricting the Association's ability to 
interchange traffic with other carriers.
    The Association certifies that its projected annual revenues as a 
result of this transaction will not exceed those that would qualify it 
as a Class III rail carrier and will not exceed $5 million.
    This exemption will become effective on July 3, 2014 (30 days after 
the verified notice of exemption was filed).\4\
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    \4\ The verified notice is deemed to have been filed on June 3, 
2014, the date of the Association's and EBTCR's second 
clarification.
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    If the verified 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 effectiveness of the 
exemption. Petitions to stay must be filed no later than June 26, 2014 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35823, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on John D. Heffner, Strasburger & Price, LLP, 
1025 Connecticut Ave. NW., Suite 717, Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Dated: June 12, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-14134 Filed 6-16-14; 8:45 am]
BILLING CODE 4915-01-P