81 FR 33576 - Reading Blue Mountain & Northern Railroad Company-Acquisition and Operation Exemption-Locust Valley Coal Company d/b/a Locust Valley Line

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 102 (May 26, 2016)

[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33576-33577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12349]


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SURFACE TRANSPORTATION BOARD

[FR-4915-01-P; Docket No. FD 36033]


Reading Blue Mountain & Northern Railroad Company--Acquisition 
and Operation Exemption--Locust Valley Coal Company d/b/a Locust Valley 
Line

    Reading Blue Mountain & Northern Railroad Company (RBMN), a Class 
III rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to acquire from Locust Valley Coal Company d/b/a Locust Valley 
Line (Locust Valley), and continue to operate, approximately 5.5 miles 
of rail line between milepost 0.0 at Laurel Jct., also known as Maria 
Jct., in Delano Township, and milepost 5.5 beyond Newton Jct., south of 
Mahanoy City, in Mahanoy Township, in Schuylkill County, Pa. (the 
Line). The Line is currently being operated by RBMN.
    According to RBMN, Locust Valley acquired the 5.5-mile Line but 
never performed operations on it.\1\ RBMN states that the Line (except 
for approximately one mile near Laurel Jct.) has been out of service 
for a number of years but has never been abandoned. RBMN also states 
that Locust Valley rehabilitated the Line and entered into an agreement 
with RBMN under which RBMN would operate and provide the freight common 
carrier obligations over the Line.\2\
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    \1\ See, Locust Valley Coal Co. d/b/a Locust Valley Line--
Acquis. Exemption--Rail Lines in Schuylkill Cty., Pa., FD 34642 (STB 
served Jan. 21, 2005).
    \2\ See, Reading Blue Mountain & N.R.R.--Operation Exemption--
Locust Valley Line, FD 34785 (STB served Dec. 29, 2005).
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    Under the proposed transaction, Locust Valley will sell the Line to 
RBMN to allow RBMN to become owner and continue operating it. According 
to RBMN, the transaction will also allow Locust Valley to divest itself 
of an asset it no longer wishes to own or needs for its business 
purposes. RBMN certifies that the agreement does not include an 
interchange commitment.
    RBMN states that its projected annual revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier, but that its projected annual revenues would exceed $5 
million. Accordingly, RBMN is required, at least 60 days before this 
exemption is to become effective, to send notice of the transaction to 
the national offices of the labor unions with employees on the affected 
lines, post a copy of the notice at the workplace of the employees on 
the affected lines, and certify to the Board that it has done so. 49 
CFR 1150.42(e).
    In the notice, RBMN requests waiver of the 60-day advance labor 
notice requirement under 1150.42(e), asserting that: (1) No Locust 
Valley employees will be affected because there are no Locust Valley 
employees on the Line; and (2) no RBMN employees will be affected 
because RBMN will continue to provide the same service as it has since 
2006. RBMN's waiver request will be addressed in a separate decision.
    The parties propose to consummate the transaction no sooner than 
June 8, 2016, the effective date exemption (30 days after the verified 
notice of exemption was filed). The Board will establish in the 
decision on the waiver request the earliest date this transaction may 
be consummated.
    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

[[Page 33577]]

automatically stay the effectiveness of the exemption. Petitions for 
stay must be filed no later than June 1, 2016 (at least seven days 
before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 36033, 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 applicant's representative, Eric M. Hocky, 
Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite 1000, 
Philadelphia, PA 19103.
    According to RBMN, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: May 20, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Tia Delano,
Clearance Clerk.
[FR Doc. 2016-12349 Filed 5-24-16; 8:45 am]
BILLING CODE P