[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Notices]
[Pages 34564-34565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14133]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35811]
East Broad Top Connecting Railroad--Operation Exemption--East
Broad Top Railroad Preservation Association
East Broad Top Connecting Railroad (EBTCR), a noncarrier, filed a
verified notice of exemption under 49 CFR 1150.31 to operate a line of
railroad (the Line) owned by the East Broad Top Railroad Preservation
Association (the Association) \1\ totaling approximately 4.5 miles near
Mt. Union, Pa. The Line consists of two segments: (1) The Mount Union
Industrial Track (MUIT), extending between Railroad milepost 0.2,
immediately west of the point of switch at Railroad Station 4085+96 at
the junction with Norfolk Southern Railway (NSR) at Mt. Union, Pa., to
the end of the track at milepost 1.4 at Railroad Station 4025+00, and
(2) the original East Broad Top Main Line (EBT) extending from its
connection with the MUIT at MUIT milepost 1.1, MUIT Railroad Station
4038+39 (EBT
[[Page 34565]]
milepost 1.1, EBT Railroad Station 77+57) to EBT milepost 4.4.\2\
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\1\ In East Broad Top Railroad Preservation Ass'n--Acquisition &
Operation Exemption--Kovalchick Salvage Corp., Docket No. FD 35823,
the Association is belatedly seeking authority to acquire and
operate the Line, which it purchased from Kovalchick Salvage Corp.
in 2013.
\2\ A clarification filed by the Association and EBTCR on May
30, 2014, corrects the mileposts of the EBT. A further clarification
filed on June 3, 2014, confirms that the portion of the MUIT
acquired by the Association extends between mileposts 0.2 and 1.4.
As corrected, therefore, the verified notice pertains to the portion
of the MUIT acquired by the Association between milepost 0.2 and
milepost 1.4 (1.2 miles) and the portion of the EBT acquired by the
Association between its connection with the MUIT at MUIT milepost
1.1 (EBT milepost 1.1) and EBT milepost 4.4 (3.3 miles), for a total
distance of 4.5 miles. Although the June 3, 2014 clarification
indicates that EBTCR seeks operating authority over an additional
segment of the MUIT between mileposts 0.0 and 0.2, according to the
parties that segment is outside the portion acquired by the
Association, and the operating agreement filed by the parties here
(see note 3 below) does not include it. Therefore, it is not
included within the scope of this notice.
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EBTCR states that, once this notice becomes effective, EBTCR will
provide all common carrier railroad service over the Line connecting
with and interchanging traffic with NSR.
This transaction may be consummated on or after July 3, 2014 (30
days after the verified notice of exemption was filed).\3\
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\3\ By decision served on March 27, 2014, the Board held
publication of the notice in the Federal Register and effectiveness
of this exemption in abeyance pending further filings by EBTCR. On
May 20, 2014, EBTCR filed a copy of the operating agreement between
it and the Association, see Anthony Macrie--Continuance in Control
Exemption--N.J. Seashore Lines, Inc., FD 35296, slip op. at 3-4 (STB
served Aug. 31, 2010), and stated that it will e-file copies of the
signature pages of the agreement when they are executed. The
Association and EBTCR subsequently filed their May 30 and June 3
clarifications. The verified notice therefore is deemed to have been
filed on June 3, 2014, the date of the second clarification.
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EBTCR certifies that its projected annual revenues as a result of
this transaction would not exceed those that would qualify it as a
Class III rail carrier and further certifies that its projected annual
revenues will not exceed $5 million.
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 to stay must be filed no later than June 26, 2014
(at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35811, 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 John D. Heffner, Strasburger & Price, 1025
Connecticut Ave. NW., Suite 717, Washington, DC 20036.
Board decisions and notices are available on our Web site at
``WWW.STB.DOT.GOV.''
Dated: June 12, 2014.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-14133 Filed 6-16-14; 8:45 am]
BILLING CODE 4915-01-P