Surface Transportation Board
- [Docket No. FD 36958]
Wilkes-Barre Terminal Railway Company (WBT), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire approximately 59.65 miles of rail line (the Line) from the Luzerne County Redevelopment Authority (LCRA) and the operating rights from LCRA's non-operating subsidiary Luzerne County Rail Corporation (LCRC), in Luzerne County, Pa. The Line consists of the following in-service segments: (1) the Dunmore Secondary Track, between milepost 6.5, at Avoca, Pa., and milepost 10+/− North side Montage Road Crossing, a distance of 4.5 miles; [1] (2) the Avoca Industrial Track, between milepost 1.8, at Number 7 Junction, and milepost 6.5, at Avoca, a distance of 4.7 miles,[2] including the connection with the track of Reading Blue Mountain & Northern Railroad Company (RBMN) between LB Junction and the switch of the Dunmore Secondary Track, a distance of 0.123 miles, and the Langcliff Connecting Track, between milepost 0.0, at Duryea, Pa., and the connection with Norfolk Southern Railway in the middle of York Avenue, at milepost 0.867, a distance of 0.867 miles; (3) the Suscon Industrial Track, between milepost 154.5, at Suscon, Pa., and milepost 158.7, at Hillside, Pa., a distance of 4.2 miles; (4) the Wilkes-Barre Secondary, between milepost 169.2, at Ashley, Pa., and milepost 185.5, at Pittston, Pa., a distance of 16.3 miles; (5) the GWBP Industrial Track, between milepost 0.0, at Ashley, and milepost 0.5, at Hanover Industrial Track, a distance of 0.5 miles; (6) the Brownsville Industrial Track, between milepost 0.0, at Hillside, and milepost 1.0, at Brownsville, Pa., a distance of 1.0 miles; (7) the Wilkes-Barre Industrial Track, between milepost 59.9, at Ferry Street, and milepost 62.9, at Wilkes-Barre, Pa., a distance of 3.0 miles; (8) the Kingston Industrial Track, between milepost 142.7, at Pittston Junction, and Railroad Station 8594+58, a distance of 8.1 miles; and (9) the D&H Wilkes-Barre Connector, from milepost A-208.08, Hudson Yard, to Conyngham Avenue, City of Wilkes-Barre, Pa., a distance of 2.5 miles; and (10) the APC line, between milepost 0.0 and 0.6 in Wilkes-Barre, a distance of 0.6 miles.
The Line consists of the following out-of-service segments: (1) the West Pittston Running Track, between milepost 0.0, at West Pittston, Pa., and milepost 3.0, at Harding, Pa., a distance of 3.0 miles, and between milepost 186.4, at West Pittston, and milepost 190.2, at Wyoming, Pa., a distance of 3.8 miles, and between milepost 194.2, at Wyoming, and milepost 194.4, in Kingston, Pa., a distance of 0.2 miles; (2) the Nanticoke Industrial Track, between milepost 0.0, at Ashley, and milepost 2.6 at Central Scrap, a distance of 2.6 miles; (3) the Harry E. Breaker Spur, between milepost 0.1, at Maltby Junction, and milepost 0.5, a distance of 0.4 miles; (4) the Miner's Mills Industrial Track, between milepost 173.6, at North Wilkes-Barre, and milepost 176.1, at Hudson, Pa., a distance of 2.5 miles; and (5) the Pettibone Branch, between milepost 0.0 and milepost 0.759, at Dorranceton, Pa., a distance of 0.759 miles.[3]
According to the verified notice, WBT will enter into an agreement with LCRA and LCRC for the acquisition of the Line and operating rights to ensure continued rail service to customers. According to the verified notice, WBT will grant local trackage rights to RBMN to provide immediate rail service to customers on the Line following the expiration of the incumbent operator's lease.
This transaction is related to a concurrently filed verified notice of exemption in Reading Blue Mountain & Northern Railroad—Trackage Rights Exemption—Wilkes-Barre Terminal Railway, Docket No. FD 36959, in which RBMN seeks authority to acquire local trackage rights over the in-service segments of the Line.[4]
According to WBT, the proposed transaction does not contain an interchange commitment. WBT certifies that its projected annual revenues resulting from the transaction will not exceed $5 million and will not result in WBT's becoming a Class I or Class II rail carrier.
The earliest this transaction may be consummated is October 29, 2026, the effective date of the exemption (30 days after the verified notice was filed).
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 for stay must be filed no later than October 22, 2026 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36958, must be filed with the Surface Transportation Board either via e-filing on the Board's website or in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a copy of each pleading must be served on WBT's representative, Justin J. Marks, Clark Hill PLC, 601 13th Street NW, Suite 600, Washington, DC 20005.
According to WBT, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at www.stb.gov.
Decided: October 9, 2026.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief Counsel
Kenyatta Clay,
Clearance Clerk.
Footnotes
1. The portion of the Dunmore Secondary Track, between milepost 8.6, at Rocky Glen, Pa., and milepost 10+/− north side Montage Road crossing, a distance of 1.4 miles, is out-of-service.
Back to Citation2. The portion of the Avoca Industrial Track, between milepost 1.8, at Number 7 Junction, and milepost 4, at Rock Street, a distance of 2.2 miles, is out-of-service.
Back to Citation3. According to the verified notice, the out-of-service segments are included as part of the proposed transaction because WBT has found no regulatory history to suggest that these segments have been abandoned. WBT states that, although these segments are unlikely to be placed back into active service, WBT recognizes that it will have a common carrier obligation over the out-of-service segments.
Back to Citation4. Upon consummation of its acquisition authority in this docket, WBT will become a Class III rail carrier. The trackage rights authority in Docket No. FD 36959 cannot be consummated until WBT has exercised its acquisition authority.
Back to Citation[FR Doc. 2026-21035 Filed 10-14-26; 8:45 am]
BILLING CODE 4915-01-P