[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Page 24165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8958]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34679]


East Penn Railways, Inc.--Acquisition and Operation Exemption--
Reading Company

    East Penn Railways, Inc. (East Penn), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
from the Wilmington & Northern Railroad Company (W&N) and its corporate 
parent, Reading Company (collectively, Reading) and operate a line of 
railroad known as the W&N right-of-way or Line 939. The line extends 
from the Pennsylvania/Delaware State line at approximately milepost 
12.66 to milepost 1.89 near Elsmere Junction, DE, a 
distance of approximately 10.77 miles. The line is currently operated 
by ISG Railways, Inc. (ISG).\1\
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    \1\ East Penn states that, pursuant to an agreement with ISG, it 
is also acquiring all of ISG's rights to operate the subject line. 
East Penn notes that ISG and its predecessors previously leased and 
operated the subject line per agreement with Reading. See ISG 
Railways, Inc.--Acquisition of Control Exemption--Assets of Keystone 
Railroad LLC d/b/a Philadelphia, Bethlehem and New England Railroad 
Company, Conemaugh & Black Lick Railroad Company LLC, Steelton & 
Highspsire Railroad Company LLC, Lake Michigan & Indiana Railroad 
Company LLC, Brandywine Valley Railroad Company LLC, Upper Merion & 
Plymouth Railroad Company LLC, Patapsco & Back Rivers Railroad 
Company LLC, and Cambria and Indiana Railroad, Inc., STB Finance 
Docket No. 34344 (STB served May 22, 2003), and Brandywine Valley 
Railroad Company LLC--Acquisition and Operation Exemption--
Brandywine Valley Railroad Company, STB Finance Docket 34154 (STB 
served Jan. 10, 2002) and cases cited therein.
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    East Penn certifies that its projected annual revenues as a result 
of this transaction will not result in the creation of a Class I or 
Class II rail carrier, and that its annual revenues will not exceed $5 
million.
    East Penn states that it proposes to consummate the transaction on 
or after April 20, 2005.
    Concurrently with this filing, East Penn has filed notices in two 
separate proceedings to acquire segments of track connecting to the 
subject line. See East Penn Railways, Inc.--Acquisition Exemption--
Southeastern Pennsylvania Transportation Authority, STB Finance Docket 
No. 34677, and East Penn Railways, Inc.--Acquisition and Operation 
Exemption--ISG Railways, Inc., STB Finance Docket No. 34678.
    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 automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34679, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on John D. Heffner, 1920 N Street, 
NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: April 26, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-8958 Filed 5-5-05; 8:45 am]
BILLING CODE 4915-01-P