[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Notices]
[Pages 76522-76523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27859]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34618]


East Penn Railway, Inc.--Modified Rail Certificate

    On November 22, 2004, East Penn Railway, Inc. (East Penn), a Class 
III rail carrier, filed a notice for a modified certificate of public 
convenience and necessity under 49 CFR 1150, subpart C, Modified 
Certificate of Public Convenience and Necessity, to operate a portion 
of a rail line known as the Octoraro Branch (also referred to as Line 
142), extending for 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.
    The Octoraro Branch was previously owned by the Penn Central 
Transportation Company (Penn Central), and is currently owned by the 
Southeastern Pennsylvania Transportation Authority (SEPTA). The 
Octoraro Branch was not included in the final system plan at the time 
the Consolidated Rail Corporation was formed and, as such, was 
authorized to be abandoned without further regulatory approval pursuant 
to the Railroad Revitalization and Regulatory Reform Act of 1976, 
Public Law No. 94-210. SEPTA acquired the Octoraro Branch from the 
trustees of Penn Central after it was abandoned in 1976.
    East Penn states that, until recently, the line was operated by the 
Morristown & Erie Railway, Inc. (M&E), under an interim operating 
agreement that terminated on November 19, 2004, and that it proposes to 
replace M&E as the interim operator. See Morristown & Erie Railway, 
Inc.--Modified Rail Certificate, STB Finance Docket No. 34369 (STB 
served July 24, 2003). On November 18, 2004, SEPTA and East Penn 
entered into an interim license agreement commencing on November 19, 
2004. Under the operating agreement, East Penn will provide rail 
service over the Octoraro Branch from November 22, 2004, through 
approximately December 19, 2004, after which, East Penn plans to 
purchase the Octoraro Branch from SEPTA. The interim operating 
agreement will terminate at the transfer of ownership to East Penn.
    East Penn will initially provide rail service on an as-needed 
basis, and will expand service as customers and traffic increases. East 
Penn states that the Octoraro Branch will connect with ISG Railways, 
Inc. (ISG), at Chadds Ford Junction, PA, in order to connect with 
Norfolk Southern Railway Company (NS) at Coatesville, PA. ISG's rail 
line also connects with the former Reading Railroad's Wilmington & 
Northern line at the Delaware/Pennsylvania state line, providing East 
Penn access to both NS and CSX Transportation, Inc., at Wilmington, DE.
    The rail segment qualifies for a modified certificate of public 
convenience and necessity. See Common Carrier Status of States, State 
Agencies and Instrumentalities and Political Subdivisions, Finance 
Docket No. 28990F (ICC served July 16, 1981).
    East Penn indicates that: (1) There are no subsidizers; (2) there 
are no preconditions for shippers to meet to receive rail service; and 
(3) it has obtained liability insurance coverage.
    This notice will be served on the Association of American Railroads 
(Car Service Division) as agent for all railroads subscribing to the 
car-service and car-hire agreement: Association of

[[Page 76523]]

American Railroads, 50 F Street, NW., Washington, DC 20001; and on the 
American Short Line and Regional Railroad Association: American Short 
Line and Regional Railroad Association, 50 F Street, NW., Suite 7020, 
Washington, DC 20001.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 13, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-27859 Filed 12-20-04; 8:45 am]
BILLING CODE 4915-01-P