80 FR 77082 - Reading Blue Mountain & Northern Railroad Company-Trackage Rights Exemption-Norfolk Southern Railway Company

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 238 (December 11, 2015)

[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Page 77082]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31258]



[[Page 77082]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35980]


Reading Blue Mountain & Northern Railroad Company--Trackage 
Rights Exemption--Norfolk Southern Railway Company

    Norfolk Southern Railway Company (NSR), pursuant to two amendments 
to an existing trackage rights agreement (the Base Agreement), has 
agreed to grant Reading Blue Mountain & Northern Railroad Company 
(RBMN) additional trackage rights over approximately 6.1 miles of rail 
line (the Line), between milepost JW 147.4 at Oneida Jct., Pa., and 
milepost JW 141.3  at Ashmore, Jct., Pa.\1\ The two 
amendments grant RBMN limited local and additional overhead trackage 
rights, in addition to the overhead trackage rights originally granted 
in the Base Agreement, for RBMN to provide service over the Line at two 
different intermediate points. Specifically, Amendment No. 2 provides 
RBMN with the right to enter and exit the Line at milepost JW 143.7 to 
serve a coal customer; Amendment No. 3 will provide RBMN with the right 
to enter and exit the Line at a point shown on the map attached to the 
notice and use NSR's connecting industrial track to milepost KA 
150 (the RBMN/NSR property line) at Humboldt Industrial 
Park to provide service to customers in a connected industrial park.\2\
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    \1\ The Base Agreement was between East Mahanoy and Hazleton 
Railroad Company (EMHR) and Consolidated Rail Corporation (Conrail); 
it granted EMHR overhead trackage rights (authorized as incidental 
trackage rights) over the Line. See E. Mahanoy & Hazleton R.R.--
Acquis. & Operation Exemption--Consolidated Rail Corp., FD 32076 
(ICC served July 15, 1992). The Base Agreement was first amended by 
a letter agreement in 1997. RBMN is the successor to EMHR, and NSR 
is the successor-in-interest to Conrail.
    \2\ Amendment No. 2 was signed and dated on December 11, 2011, 
but RBMN states that it has yet to use these additional trackage 
rights, as the switch was installed last month, and the sidetrack to 
the customer is still under construction. RBMN states that Amendment 
No. 3 has not yet been executed.
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    RBMN may consummate the transaction on or after December 25, 2015, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). 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 effectiveness of the exemption. Petitions for 
stay must be filed by December 18, 2015 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35980, 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 Eric M. Hocky, Clark Hill, PLC, One Commerce 
Square, 2005 Market St., Suite 1000, Philadelphia, PA 19103.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: December 8, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-31258 Filed 12-10-15; 8:45 am]
 BILLING CODE 4915-01-P