Document

WCN Rail, LLC-Acquisition Exemption-Rail Line of Franklin Storage, LP at Kriner Road Transload Facility, Chambersburg, PA

Surface Transportation Board [Docket No. FD 36897] WCN Rail, LLC (WCN), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Colby Nitterh...

Surface Transportation Board
  1. [Docket No. FD 36897]

WCN Rail, LLC (WCN), 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 2,220 feet (0.42 miles) of existing rail line at a transload facility owned by WCN Properties, LP, and leased by Franklin Storage, located at 900 Kriner Road, in Chambersburg, PA (the Line).[1] WCN 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 WCN; NPJ Rail, LLC; and PNGT Rail, LLC upon their becoming Class III rail carriers.

According to the verified notice, the Line is used in conjunction with interchanging boxcar, centerbeam, and flatcar loads of bulk commodities ( i.e., paper, pulp, drywall, and food products) to and from CSX Transportation, Inc. The verified notice states that an operating agreement between Nitterhouse, on behalf of Franklin Storage, and WCN concerning the Line has been executed.

WCN certifies that its projected annual revenues will not exceed those that would qualify it as a Class III rail carrier. WCN 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. ( printed page 46226)

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 36897, 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 WCN's representative, Max Callahan, Fulcrum Rail, 141 West Jackson Boulevard, Suite 1795, Chicago, IL 60604.

According to WCN, 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.

Stefan Rice,

Clearance Clerk.

Footnotes

1.  WCN originally filed its notice of exemption on December 18, 2025; however, the notice contained numerous errors and omissions, including missing the required verification. See 49 CFR 1150.32. On January 13, 2026, WCN submitted a supplement to its notice, which included a verification. The filing date for that supplement is January 14, 2026, the date when WCN provided a certificate of service as required by 49 CFR 1104.12. Also on January 13, 2026, the Board issued a decision directing WCN to supplement its notice of exemption to correct certain errors and omissions, to the extent it had not already done so, and postponing the effective date of the notice until further order of the Board. After several intervening orders in this docket, in a decision served on July 2, 2026, the Board directed counsel for WCN to clarify his address, which he did in a filing received on July 6, 2026. Accordingly, the date of WCN's most recent supplement, July 6, 2026, is deemed the filing date of WCN's verified notice.

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[FR Doc. 2026-14755 Filed 7-21-26; 8:45 am]

BILLING CODE 4915-01-P

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Federal Register Citation

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91 FR 46225

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“WCN Rail, LLC-Acquisition Exemption-Rail Line of Franklin Storage, LP at Kriner Road Transload Facility, Chambersburg, PA,” thefederalregister.org (July 22, 2026), https://thefederalregister.org/documents/2026-14755/wcn-rail-llc-acquisition-exemption-rail-line-of-franklin-storage-lp-at-kriner-road-transload-facility-chambersburg-pa.