East Penn Railways, Inc.-Acquisition Exemption-Southeastern Pennsylvania Transportation Authority, 24164-24165 [05-8956]

Download as PDF 24164 Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices are currently controlled by John C. Nolan, a noncarrier individual.1 As a result of this transaction, John C. Nolan and Mark Rosner will control East Penn and Penn Eastern through PEH.2 PEH states that it proposes to consummate the transaction on or after April 20, 2005. Concurrently, East Penn has filed verified notices of exemption: (1) In STB Finance Docket No. 34677, East Penn Railways, Inc. Acquisition Exemption— Southeastern Pennsylvania Transportation Authority, wherein East Penn seeks to acquire a segment of track, currently owned by the Southeastern Pennsylvania Transportation Authority and operated by East Penn pursuant to a modified rail certificate, known as the Octoraro Branch (or Line 142), extended approximately 27.51 miles between milepost 26.98 at Chadds Ford Junction, PA, and milepost 54.49 at the Pennsylvania/Maryland state line near Sylmar, MD; 3 (2) in STB Finance Docket No. 34678, East Penn Railways, Inc.—Acquisition and Operation Exemption—ISG Railways, Inc., wherein East Penn seeks to acquire from ISG Railways, Inc. and operate a line of railroad known as Line 907, extending between approximately milepost 12.66 ± at the Delaware/Pennsylvania state line and milepost 29.72 at Modena, PA, a distance of 17.02 miles; and (3) in STB Finance Docket No. 34679, East Penn Railways, Inc.—Acquisition and Operation Exemption—Reading Company, wherein East Penn seeks to acquire from the Reading Company and operate a line of railroad known as Line 939, extending from the Pennsylvania/ Delaware state line at approximately milepost 12.66 ± to milepost 1.89, near Elsmere Junction, DE, a distance of approximately 10.77 miles.4 According to PEH and East Penn, these lines connect with each other but not with the lines of Penn Eastern. PEH states that: (1) The railroads will not connect with each other or any railroad in their corporate family; (2) the control transaction is not part of a series of anticipated transactions that would connect the railroads with each other or any railroad in their corporate family; 1 See John C. Nolan—Control Exemption-Penn Eastern Rail Lines, Inc., STB Finance Docket No. 34223 (STB served July 22, 2002). 2 By facsimile filed on April 15, 2005, PEH informed the Board that John C. Nolan will own 80% of the stock of PEH and Mark Rosner will own the remaining 20% of PEH’s stock. 3 See East Penn Railways, Inc.—Modified Rail Certificate, STB Finance Docket No. 34618 (STB served Dec. 21, 2004). 4 See Certificate of Designated Operator, Delaware Valley Railway Co., D–OP 59 (USRA Line No. 907/ 939) (ICC served Oct. 14, 1994). VerDate jul<14>2003 18:03 May 05, 2005 Jkt 205001 and (3) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval of requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c)), however, does not provide for labor protection for transactions under section 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III carriers. 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. An original and 10 copies of all pleadings referring to STB Finance Docket No. 34676, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on John D. Heffner, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 26, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–8955 Filed 5–5–05; 8:45 am] beyond Canadian National Railway Company/Illinois Central Gulf Railroad Company’s milepost 104. MSD certifies that its projected revenues as a result of the transaction will not exceed those that would qualify it as a Class III carrier and will not exceed $5 million annually. The transaction was scheduled to be consummated on or after April 14, 2005, the effective date of the exemption (7 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. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34673, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on Reggie Howell, C&J Railroad Company, 1710–L East Tenth Street, Jeffersonville, IN 47130. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 27, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–8840 Filed 5–5–05; 8:45 am] BILLING CODE 4915–01–P BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORATION Surface Transportation Board Surface Transportation Board [STB Finance Docket No. 34673] [STB Finance Docket No. 34677] C&J Railroad Company, d/b/a Mississippi Delta Railroad— Acquisition and Operation Exemption—in Tallahatchie County, MS East Penn Railways, Inc.—Acquisition Exemption—Southeastern Pennsylvania Transportation Authority C&J Railroad Company, d/b/a Mississippi Delta Railroad (MSD), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire by lease 1 and operate 1,320 feet, or 0.25 miles, of track, including yard, lead and switching tracks (without assigned mileposts) that extends north 1 MSD states that it has leased the rail line since July 1, 2001, but that it will not commence operations until the effective date of this exemption. PO 00000 Frm 00204 Fmt 4703 Sfmt 4703 East Penn Railways, Inc. (East Penn), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire a segment of track that is currently owned by the Southeastern Pennsylvania Transportation Authority (SEPTA) and operated by East Penn pursuant to a modified rail certificate. The subject line, known as the Octoraro Branch (also referred to as Line 142), extends approximately 27.51 miles between milepost 26.98 at Chadds Ford Junction, PA, and milepost 54.49 at the E:\FR\FM\06MYN1.SGM 06MYN1 Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices Pennsylvania/Maryland state line near Sylmar, MD.1 East Penn certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class I or Class II rail carrier, and that its annual revenues will not exceed $5 million. East Penn states that it proposes to consummate the transaction on or after April 20, 2005. Concurrently with this filing, East Penn has filed notices in two separate proceedings to acquire segments of track connecting to the subject line. See East Penn Railways, Inc.—Acquisition and Operation Exemption—ISG Railways, Inc., STB Finance Docket No. 34678, and East Penn Railways, Inc.— Acquisition and Operation Exemption— Reading Company, STB Finance Docket No. 34679. If the 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. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34677, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on John D. Heffner, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 26, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–8956 Filed 5–5–05; 8:45 am] BILLING CODE 4915–01–P Company (collectively, Reading) and operate a line of railroad known as the W&N right-of-way or Line 939. The line extends from the Pennsylvania/ Delaware State line at approximately milepost 12.66± to milepost 1.89 near Elsmere Junction, DE, a distance of approximately 10.77 miles. The line is currently operated by ISG Railways, Inc. (ISG).1 East Penn certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class I or Class II rail carrier, and that its annual revenues will not exceed $5 million. East Penn states that it proposes to consummate the transaction on or after April 20, 2005. Concurrently with this filing, East Penn has filed notices in two separate proceedings to acquire segments of track connecting to the subject line. See East Penn Railways, Inc.—Acquisition Exemption—Southeastern Pennsylvania Transportation Authority, STB Finance Docket No. 34677, and East Penn Railways, Inc.—Acquisition and Operation Exemption—ISG Railways, Inc., STB Finance Docket No. 34678. If the 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. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34679, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on John D. Heffner, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 26, 2005. DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34679] East Penn Railways, Inc.—Acquisition and Operation Exemption—Reading Company East Penn Railways, Inc. (East Penn), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from the Wilmington & Northern Railroad Company (W&N) and its corporate parent, Reading 1 See East Penn Railways, Inc.—Modified Rail Certificate, STB Finance Docket No. 34618 (STB served Dec. 21, 2004). VerDate jul<14>2003 18:03 May 05, 2005 Jkt 205001 1 East Penn states that, pursuant to an agreement with ISG, it is also acquiring all of ISG’s rights to operate the subject line. East Penn notes that ISG and its predecessors previously leased and operated the subject line per agreement with Reading. See ISG Railways, Inc.—Acquisition of Control Exemption—Assets of Keystone Railroad LLC d/b/ a Philadelphia, Bethlehem and New England Railroad Company, Conemaugh & Black Lick Railroad Company LLC, Steelton & Highspsire Railroad Company LLC, Lake Michigan & Indiana Railroad Company LLC, Brandywine Valley Railroad Company LLC, Upper Merion & Plymouth Railroad Company LLC, Patapsco & Back Rivers Railroad Company LLC, and Cambria and Indiana Railroad, Inc., STB Finance Docket No. 34344 (STB served May 22, 2003), and Brandywine Valley Railroad Company LLC—Acquisition and Operation Exemption—Brandywine Valley Railroad Company, STB Finance Docket 34154 (STB served Jan. 10, 2002) and cases cited therein. PO 00000 Frm 00205 Fmt 4703 Sfmt 4703 24165 By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–8958 Filed 5–5–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34678] East Penn Railways, Inc.—Acquisition and Operation Exemption—ISG Railways, Inc. East Penn Railways, Inc. (East Penn), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from ISG Railways, Inc. (ISG) 1 and operate a line of railroad known as Line 907 extending between approximately milepost 12.66± at the Delaware/Pennsylvania state line and milepost 29.72 at Modena, PA, a distance of 17.02 miles.2 East Penn certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class I or Class II rail carrier, and that its annual revenues will not exceed $5 million. East Penn states that it proposes to consummate the transaction on or after April 20, 2005. Concurrently with this filing, East Penn has filed notices in two separate proceedings to acquire segments of track connecting to the subject line. See East Penn Railways, Inc.—Acquisition Exemption—Southeastern Pennsylvania Transportation Authority, STB Finance Docket No. 34677, and East Penn Railways, Inc.—Acquisition and Operation Exemption—Reading Company, STB Finance Docket No. 34679. If the notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) 1 See ISG Railways, Inc.—Acquisition of Control Exemption—Assets of Keystone Railroad LLC d/b/ a Philadelphia, Bethlehem and New England Railroad Company, Conemaugh & Black Lick Railroad Company LLC, Steelton & Highspsire Railroad Company LLC, Lake Michigan & Indiana Railroad Company LLC, Brandywine Valley Railroad Company LLC, Upper Merion & Plymouth Railroad Company LLC, Patapsco & Back Rivers Railroad Company LLC, and Cambria and Indiana Railroad, Inc., STB Finance Docket No. 34344 (STB served May 22, 2003), and Brandywine Valley Railroad Company LLC—Acquisition and Operation Exemption—Brandywine Valley Railroad Company, STB Finance Docket 34154 (STB served Jan. 10, 2002) and cases cited therein. 2 East Penn states that previous filings and decisions describing this line variously identify the milepost at the state line as being milepost 12.66 or milepost 12.7. E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Pages 24164-24165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8956]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34677]


East Penn Railways, Inc.--Acquisition Exemption--Southeastern 
Pennsylvania Transportation Authority

    East Penn Railways, Inc. (East Penn), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire a 
segment of track that is currently owned by the Southeastern 
Pennsylvania Transportation Authority (SEPTA) and operated by East Penn 
pursuant to a modified rail certificate. The subject line, known as the 
Octoraro Branch (also referred to as Line 142), extends approximately 
27.51 miles between milepost 26.98 at Chadds Ford Junction, PA, and 
milepost 54.49 at the

[[Page 24165]]

Pennsylvania/Maryland state line near Sylmar, MD.\1\
---------------------------------------------------------------------------

    \1\ See East Penn Railways, Inc.--Modified Rail Certificate, STB 
Finance Docket No. 34618 (STB served Dec. 21, 2004).
---------------------------------------------------------------------------

    East Penn certifies that its projected annual revenues as a result 
of this transaction will not result in the creation of a Class I or 
Class II rail carrier, and that its annual revenues will not exceed $5 
million.
    East Penn states that it proposes to consummate the transaction on 
or after April 20, 2005.
    Concurrently with this filing, East Penn has filed notices in two 
separate proceedings to acquire segments of track connecting to the 
subject line. See East Penn Railways, Inc.--Acquisition and Operation 
Exemption--ISG Railways, Inc., STB Finance Docket No. 34678, and East 
Penn Railways, Inc.--Acquisition and Operation Exemption--Reading 
Company, STB Finance Docket No. 34679.
    If the 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34677, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on John D. Heffner, 1920 N Street, 
NW., Suite 800, Washington, DC 20036.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: April 26, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-8956 Filed 5-5-05; 8:45 am]
BILLING CODE 4915-01-P