[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Pages 5766-5767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01826]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36374]


East Penn Railroad, L.L.C.--Lease and Operation Exemption 
Containing Interchange Commitment--Norfolk Southern Railway Company

    East Penn Railroad, L.L.C. (ESPN), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to continue 
to lease and operate approximately 5.2 miles of rail lines from Norfolk 
Southern Railway Company (NSR), in York, Pa.\1\ ESPN will continue to 
lease: (1) The York Industrial Track, located between mileposts YR 7.50 
and YR 12.31 (York Track) (4.81 miles in length); and (2) the Wye Track 
that connects the York Track to NSR's line, located between mileposts 
YR 12.31 and YR 12.70 (Wye Track) (0.39 miles in length).
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    \1\ ESPN initially submitted the verified notice on January 6, 
2020. On January 15, 2020, ESPN filed a supplement to provide a map 
of the Wye Track. In light of that supplement, January 15, 2020, is 
deemed the filing date of the verified notice.
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    ESPN leased the York Track and the Wye Track from NSR in 2011. See 
E. Penn R.R.--Lease & Operation Exemption--Norfolk S. Ry., FD 35533 
(STB served July 15, 2011). According to the present verified notice, 
ESPN and NSR have entered into an amended lease agreement (Amended 
Agreement) which, among other things, extends the term of the lease to 
July 31, 2026.
    ESPN certifies that the projected annual revenues as a result of 
the proposed transaction will not result in ESPN's becoming a Class II 
or Class I rail carrier and will not exceed $5 million. As required 
under 49 CFR 1150.43(h)(1), ESPN has disclosed in its verified notice 
that the Amended Lease contains an interchange commitment, in the form 
of a lease credit for each car interchanged with NSR.\2\ ESPN has 
provided additional information regarding the interchange commitment as 
required by 49 CFR 1150.43(h).
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    \2\ A copy of the Amended Agreement with the interchange 
commitment was submitted under seal. See 49 CFR 1150.43(h)(1).
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    The transaction may be consummated on or after February 14, 2020, 
the effective date of the exemption (30 days after the verified notice 
of 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. Petitions to stay must be filed by 
February 7, 2020 (at least seven days prior to the date the exemption 
becomes effective).
    All pleadings, referring to Docket No. FD 36374, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on ESPN's representative, Karl 
Morell, Karl Morell & Associates, 440 1st Street NW, Suite 440, 
Washington, DC 20001.
    According to ESPN, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: January 24, 2020.


[[Page 5767]]


    By the Board, Allison C. Davis, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2020-01826 Filed 1-30-20; 8:45 am]
 BILLING CODE 4915-01-P