[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Pages 44399-44400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18729]



Surface Transportation Board

[Docket No. FD 35535]

Pennsylvania Northeastern Railroad, LLC--Acquisition and 

Operation Exemption--CSX Transportation, Inc.

    Pennsylvania Northeastern Railroad, LLC (PNR), a noncarrier, has 

filed a verified notice of exemption under 49 CFR 1150.31 to acquire 

from CSX Transportation, Inc. (CSXT), and to operate, a permanent 

freight easement over approximately 55.53-miles of rail line owned by 

Southeastern Pennsylvania Transportation Authority (SEPTA), known as 

the Lansdale Cluster. The Lansdale Cluster includes lines between: (1) 

Milepost QAJ 6.70 at Newtown Junction, Pa., and milepost QAJ 30.50 at 

Telford, Pa., a distance of 23.80 miles (Bethlehem Branch); (2) 

milepost QAH 0.00 at Lansdale, Pa., and milepost QAH 10.13 at 

Doylestown, Pa., a distance of 10.13 miles (Doylestown Branch); (3) 

milepost QAU 0.00 at Glenside, Pa., and milepost QAU 8.40 at Ivyland, 

Pa., a distance of 8.40 miles (New Hope Branch); (4) milepost QAA 10.90 

at Jenkintown, Pa., and milepost QAA 21.10 at Neshaminy, Pa., distance 

of 10.20 miles (New York Line); and (5) milepost QAC 0.00 at Lansdale 

and milepost QAC 3.00, a distance of 3.0 miles (a portion of the Stony 

Creek Branch), together the Rail Lines.\1\


    \1\ PNR states that it also acquiring the right to operate the 

Lansdale Yard, which is adjacent to the Rail Lines, but further 

states that, pursuant to 49 U.S.C. 10906, the acquisition of yard 

track does not require authorization of the Board.


    PNR states that it is finalizing an agreement with CSXT to acquire 

a permanent freight easement to operate over the Rail Lines. According 

to PNR, freight operations over the Rail Lines have been implemented 

and conducted under a trackage rights agreement, originally between 

SEPTA and Consolidated Rail Corporation, and now among SEPTA, CSXT, and 

Norfolk Southern Railway Company. PNR states that the parties are 

amending the trackage rights agreement to, inter alia, assign CSXT's 

rights to operate the Rail Lines to PNR so that PNR can conduct freight 



    \2\ It appears that PNR should file a separate notice of 

exemption under 49 CFR 1180.2(d)(7) from Board approval under 49 

U.S.C. 11323(a)(6) of these amended trackage rights, or PNR should 

provide a further explanation as to why a separate notice of 

exemption under Sec.  1180.2(d)(7) is unnecessary.


    This transaction is related to a notice of exemption that will be 

filed in Docket No. FD 35534, Paul Nichini--Continuance in Control 

Exemption--Pennsylvania Northeastern Railroad and New Hope & Ivyland 

Railroad, wherein Paul Nichini will seek to continue in control of PNR 

upon its becoming a Class III rail carrier.\3\


    \3\ A notice of exemption in Docket No. FD 35534 has not yet 

been filed. PNR may not consummate the transaction described in this 

notice until after the effective date of the continuance in control 

exemption to be filed in Docket No. FD 35534.


    PNR certifies that its projected revenue as a result of the 

transaction will not exceed those that would qualify it as a Class III 

carrier, and further certifies that its projected revenues upon 

becoming a Class III carrier will not exceed $5 million.

    According to PNR, the transaction is expected to be consummated on 

or after August 13, 2011. The earliest the transaction may be 

consummated is after the August 7, 2011 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 effectiveness of the 

exemption. Stay petitions must be filed no later than July 29, 2011 (at 

least 7 days before the exemption becomes effective).

[[Page 44400]]

    An original and 10 copies of all pleadings, referring to Docket No. 

FD 35535, 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 Eric M. Hocky, Thorp Reed & Armstrong, LLP, 

One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 


    Board decisions and notices are available on our Web site at: 


    Decided: July 20, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 


Jeffrey Herzig,

Clearance Clerk.

[FR Doc. 2011-18729 Filed 7-22-11; 8:45 am]