Surface Transportation Board
- [Docket No. FD 36896]
PNGT Rail, LLC (PNGT), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Colby Nitterhouse (Nitterhouse), on behalf of Franklin Storage, LP (Franklin Storage), and operate approximately 2,200 feet (0.42 miles) of existing rail line at a transload facility owned by PNGT, LP, and leased by Franklin Storage, located at 2633 WCN Drive in Chambersburg, PA. (the Line).[1] PNGT states that the Line is not described by milepost numbers.
This transaction is related to a verified notice of exemption in Nitterhouse—Continuance in Control Exemption—NPJ Rail, LLC; PNGT Rail, LLC; & WCN Rail, LLC, Docket No. FD 36923, in which Nitterhouse seeks authority to continue in control of PNGT; NPJ Rail, LLC; and WCN Rail, LLC upon their becoming Class III rail carriers.
According to the verified notice, the Line is used in conjunction with interchanging centerbeams, flat cars, and boxcar loads of bulk commodities ( i.e., cardboard, lumber, and paper and related materials) to and from Norfolk Southern Railway. The verified notice states that an operating agreement between Nitterhouse, on behalf of Franklin Storage, and PNGT concerning the Line has been executed.
PNGT certifies that its projected annual revenues will not exceed those that would qualify it as a Class III rail carrier. PNGT also certifies that the transaction does not involve a provision or agreement that would prohibit or limit future interchange with a third-party connecting carrier.
The earliest this transaction may be consummated is August 5, 2026, the effective date of the exemption (30 days after the verified notice of exemption is deemed to have been 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 for stay must be filed no later than July 29, 2026 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36896, must be filed with the Surface Transportation Board either via e-filing on the Board's website or in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a copy of each pleading must be served on PNGT's representative, Max Callahan, Fulcrum Rail, 141 West Jackson Boulevard, Suite 1795, Chicago, IL 60604.
According to PNGT, 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: July 17, 2026.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief Counsel.
Regena Smith-Bernard,
Clearance Clerk.