[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Notices]
[Page 78975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32408]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35572]


Pennsylvania & Southern Railway, LLC--Acquisition, Lease and 
Operation Exemption--CSX Transportation, Inc.

    Pennsylvania & Southern Railway, LLC (PSCC), a Class III carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to: (1) 
Acquire from CSX Transportation, Inc. (CSXT) and operate the 
improvements comprising a 2.5-mile line of railroad between milepost 
BAV 22.4 and milepost BAV 24.9 near Chambersburg, Franklin County, Pa., 
and lease the underlying real property from CSXT; and (2) lease from 
CSXT and operate the improvements comprising a 1.95-mile line of 
railroad between milepost BAV 24.9 and milepost BAV 26.85 near 
Chambersburg, and lease the underlying real property from CSXT.\1\
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    \1\ PSCC states that it is also leasing from CSXT the tracks and 
underlying real property comprising the Chambersburg Yard, which 
contains approximately 12,000 feet of track, but further states that 
the acquisition of this yard track does not require Board 
authorization.
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    On December 6, 2011, PSCC filed a supplement to its verified notice 
of exemption to clarify certain aspects of the proposed transaction and 
the Board authority sought pursuant to the verified notice.\2\
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    \2\ Also on December 6, 2011, PSCC filed a motion for protective 
order, which will be addressed in a separate decision. On December 
7, 2011, PSCC submitted under seal an unredacted draft of its Land 
Lease and Purchase of Rail Improvements Agreement (Agreement) with 
CSXT. See Anthony Macrie--Continuance in Control Exemption--N.J. 
Seashore Lines, Inc., FD 35296, slip op. at 3-4 (STB served Aug. 31, 
2010).
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    With respect to the 2.5-mile segment on which PSCC intends to 
purchase the improvements and lease the underlying real property from 
CSXT, PSCC asserts that CSXT does not wish to retain any common carrier 
obligation and will transfer its full common carrier obligation to PSCC 
together with the tracks, ties, and other track materials. Because PSCC 
will lease both the improvements and the underlying real property from 
CSXT on the 1.95-mile segment, CSXT will retain a residual common 
carrier authority on that segment.
    PSCC certifies that its projected annual revenues as a result of 
the transaction will not result in the creation of a Class II or Class 
I rail carrier and will not exceed $5 million.
    The earliest this transaction may be consummated is January 5, 
2012, the effective date of the exemption (30 days after the exemption 
was filed).\3\ In its supplemental filing, PSCC states that, after the 
verified notice was filed, the parties agreed to defer the closing date 
and commencement of operations by PSCC until February 3, 2012.
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    \3\ PSCC's verified notice of exemption is deemed to have been 
filed on December 6, 2011, the date PSCC filed its supplement.
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    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 December 29, 
2011 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35572, 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 
19103.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    By the Board.

    Decided: December 14, 2011.
Rachel D. Campbell,
Director, Office of Proceedings.
Raina S. White,
Clearance Clerk.
 [FR Doc. 2011-32408 Filed 12-19-11; 8:45 am]
BILLING CODE 4915-01-P