Wilkes-Barre Terminal Railway Company-Acquisition and Operation Exemption-Luzerne County Redevelopment Authority and Luzerne County Rail Corporation

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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Notices]
[Page 65613]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21035]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36958]


Wilkes-Barre Terminal Railway Company--Acquisition and Operation 
Exemption--Luzerne County Redevelopment Authority and Luzerne County 
Rail Corporation

    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.
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    \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.
    \2\ 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.
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    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\
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    \3\ 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.
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    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\
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    \4\ 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.
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    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 <a href="http://www.stb.gov">www.stb.gov</a>.

    Decided: October 9, 2026.

    By the Board, Anika S. Cooper, Chief Counsel, Office of Chief 
Counsel
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2026-21035 Filed 10-14-26; 8:45 am]
BILLING CODE 4915-01-P


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