Wilkes-Barre Terminal Railway Company-Acquisition, Operation and Change of Operator Exemption-Luzerne County Redevelopment Authority and Luzerne County Rail Corporation, and R.J. Corman Railroad Company/Luzerne & Susquehanna Line, LLC

Issuing agencies

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<title>Federal Register, Volume 91 Issue 214 (Friday, November 6, 2026)</title>
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[Federal Register Volume 91, Number 214 (Friday, November 6, 2026)]
[Notices]
[Pages 70115-70116]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22666]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36958 (Sub-No. 1)]


Wilkes-Barre Terminal Railway Company--Acquisition, Operation and 
Change of Operator Exemption--Luzerne County Redevelopment Authority 
and Luzerne County Rail Corporation, and R.J. Corman Railroad Company/
Luzerne & Susquehanna Line, LLC

    Wilkes-Barre Terminal Railway Company (WBT), a noncarrier, has 
filed a supplemented and restated 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. WBT also seeks 
authority to terminate the leasehold common carrier operations for the 
incumbent operator, R.J. Corman Railroad Company/Luzerne & Susquehanna 
Line, LLC (RJLS), for a portion of the Line that it operates. See R.J. 
Corman R.R. Co./Luzerne & Susquehanna Line--Change in Operators, Lease 
and Operation Exemption--Luzerne and Susquehanna Ry. Co. and Luzerne 
Cnty. Rail Corp., Docket No. FD 36429 (STB served Nov. 6, 2020).\1\ 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; \2\ (2) 
the Avoca Industrial Track, between milepost 1.8, at Number 7 Junction, 
and milepost 6.5, at Avoca, a distance of 4.7

[[Page 70116]]

miles,\3\ 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; (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\ WBT previously filed a verified notice of exemption for the 
acquisition and operation of the Line in Docket No. FD 36958. See 
Wilkes-Barre Terminal Ry.--Acquis. & Operation Exemption--Luzerne 
Cnty. Redevelopment Auth. & Luzerne Cnty. Rail Corp., FD 36958 (STB 
served Oct. 15, 2026). The supplemented and restated verified notice 
adds the change in operator authority for WBT to replace RJLS as a 
common carrier on a portion of the Line.
    \2\ 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.
    \3\ 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.\4\
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    \4\ 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 supplemented and restated 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. WBT states that RJLS is currently the common carrier 
operator for approximately 41.19 miles of the Line pursuant to a lease 
that has expired. According to the supplemented and restated verified 
notice, RJLS will be replaced as the common carrier operator, and 
RJLS's common carrier status over the 41.9-mile portion will terminate.
    According to the supplemented and restated 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. See Reading Blue Mountain & Northern R.R.--
Trackage Rights Exemption--Wilkes-Barre Terminal Ry., Docket No. FD 
36959 (STB served Oct. 15, 2026), (authorizing RBMN to acquire local 
trackage rights over the in-service segments of the Line).\5\
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    \5\ 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.
    Under 49 CFR 1150.32(b), a change in operator requires that notice 
be given to shippers. WBT certifies that it has contacted all customers 
on the Lines to advise them of the planned change in operators.\6\ WBT 
also certifies that it conferred with RJLS concerning the termination 
of RJLS's common carrier status and that RJLS consents to the change of 
operator arrangement.
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    \6\ WBT also states in its verified notice that it served each 
affected customer with a copy of the verified notice.
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    The earliest this transaction may be consummated is November 22, 
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 November 13, 
2026 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36958 (Sub-No. 1), 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: November 3, 2026.

    By the Board, Anika S. Cooper, Chief Counsel, Office of Chief 
Counsel.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2026-22666 Filed 11-5-26; 8:45 am]
BILLING CODE 4915-01-P


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