[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Notices]
[Page 70932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24155]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35104]


East Penn Railroad, LLC--Operation Exemption--Kutztown 
Transportation Authority

    East Penn Railroad, LLC (ESPN), a Class III rail carrier, has filed 
a verified notice of exemption under 49 CFR 1150.41 to operate a 4.12-
mile rail line owned by Kutztown Transportation Authority (KTA), a 
municipal authority organized under the Pennsylvania Municipal 
Authorities Act of 1954. The line is located between milepost 0.17 at 
Topton, PA, and milepost 4.29 at Kutztown, PA.
    ESPN advises that its predecessors, Penn Eastern Rail Lines, Inc. 
(PERL), and East Penn Railway, Inc. (EPRY), had entered into an 
agreement with KTA dated July 25, 2005, to replace the previous lease 
agreement for the line, but had failed to obtain prior approval for the 
new agreement. However, ESPN indicates that it or one of its 
predecessors has been the operator on the line for over 10 years.\1\
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    \1\ The subject line was acquired by PERL and was formerly 
leased and operated by EPRY. See Penn Eastern Rail Lines, Inc.--
Acquisition and Operation Exemption--Lines of Lancaster Northern 
Railway, Inc., Chester Valley Railway, Inc., East Penn Railways, 
Inc., and Bristol Industrial Terminal Railway, Inc., STB Finance 
Docket No. 33512 (STB served Dec. 1, 1997). Also, Mr. John C. Nolan, 
an individual, controlled EPRY and obtained authority to control 
PERL. See John C. Nolan--Control Exemption--Penn Eastern Rail Lines, 
Inc., STB Finance Docket No. 34223 (STB served July 22, 2002). Mr. 
Nolan merged PERL and EPRY into ESPN. See John C. Nolan, Penn 
Eastern Rail Lines, Inc., and East Penn Railways, Inc.--Corporate 
Family Transaction Exemption, STB Finance Docket No. 35056 (STB 
served July 13, 2007). According to ESPN, Mr. Nolan subsequently 
sold ESPN to Regional Rail, LLC, a noncarrier, which does not 
control any other rail carriers.
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    ESPN certifies that its projected annual revenues as a result of 
the transaction will not exceed $5 million and will not result in the 
creation of a Class II or Class I carrier. The earliest this 
transaction could have been consummated was on or after the December 
27, 2007 effective date of the exemption (30 days after the exemption 
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 transaction. 
Petitions for stay must be filed no later than December 20, 2007 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35104, must be filed with the Surface Transportation 
Board, 395 E Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Karl Morell, Of Counsel, Ball 
Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: December 7, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-24155 Filed 12-12-07; 8:45 am]
BILLING CODE 4915-01-P