[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Page 60374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23920]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35767]


Allentown and Auburn Railroad Company, Inc.--Change in Operators 
Exemption--Rail Line of Kutztown Transportation Authority

    Allentown and Auburn Railroad Company, Inc. (AARR), a noncarrier, 
has filed a verified notice of exemption under 49 CFR 1150.31 to change 
operators \1\ from East Penn Railroad, LLC (ESPN) to AARR over a 4.12-
mile rail line between milepost 0.17, at Topton, Pa., and milepost 
4.29, at Kutztown, Pa. (the Line).\2\ The Line is owned by the Kutztown 
Transportation Authority (KTA), a municipal authority organized under 
the Pennsylvania Municipal Authorities Act of 1954.\3\ The change in 
operators for the Line is being accomplished through ESPN's assignment 
of its authority to operate the Line to AARR with the consent of KTA. 
This change in operators is exempt under 49 CFR 1150.31(a)(3).\4\
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    \1\ AARR's verified notice of exemption is captioned as an 
operation exemption. However, because the operator of the Line will 
change via assignment of the current operator's lease, the authority 
sought is more properly a change in operators exemption. The docket 
has been recaptioned accordingly.
    \2\ ESPN was authorized to operate the Line in East Penn 
Railroad--Operation Exemption--Kutztown Transportation Authority, FD 
35104 (STB served Dec. 13, 2007).
    \3\ Id.
    \4\ To qualify for a change of operators exemption, an applicant 
must give notice to shippers on the line. 49 CFR 1150.32(b). In a 
letter filed September 18, 2013, AARR certified to the Board that it 
provided notice to the only active shipper on the Line.
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    This exemption will be effective on October 18, 2013 (30 days after 
the verified notice was filed).\5\ The transaction is expected to be 
consummated on or sometime after the effective date.
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    \5\ AARR filed its verified notice of exemption on September 12, 
2013, and supplemented it by letter filed on September 18, 2013. The 
date of AARR's supplement will be considered the filing date for 
purposes of calculating the effective date of the exemption.
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    AARR certifies that this transaction will not result in AARR's 
becoming a Class II or Class I rail carrier and that the projected 
annual revenue of AARR 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 for stay must be filed no later than October 11, 
2013 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35767, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Karl Morell, Ball Janik LLP, Suite 225, 655 
Fifteenth Street NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: September 26, 2013.

    By the Board, Richard Armstrong, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-23920 Filed 9-30-13; 8:45 am]
BILLING CODE 4915-01-P