76522 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Notices 

1To ensure the continued availability of rail 

service to shippers on the line, the bankruptcy 

court, by a December 3, 2004 order, has approved 

an interim agreement between O&P and CCPR’s 

bankruptcy trustee, which would allow O&P to 

assume immediate operational control of the line.

consummation by December 21, 2005, 

and there are no legal or regulatory 

barriers to consummation, the authority 

to abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: December 14, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–27857 Filed 12–20–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34632] 

The Ohio and Pennsylvania Railroad—

Acquisition and Operation 

Exemption—Rail Lines of Columbiana 

County Port Authority in Mahoning and 

Columbiana Counties, OH, and Beaver 

County, PA 

The Ohio and Pennsylvania Railroad 

(O&P), a Class III rail carrier, has filed 

a notice of exemption under 49 CFR 

1150.41 to acquire (by lease) 

approximately 36 miles of rail line 

owned by the Columbiana County Port 

Authority (CCPA), between milepost 0.0 

at or near Youngstown, OH, and 

milepost 35.7 at or near Darlington, PA. 

The Central Columbiana and 

Pennsylvania Railway Company (CCPR) 

currently serves as the line’s operator 

pursuant to a track lease and operating 

agreement with CCPA. On June 14, 

2004, CCPR filed for bankruptcy 

protection before the U.S. Bankruptcy 

Court for the Eastern District of 

Arkansas, Little Rock Division (Case No. 

4:04–bk–16887 M, Chapter 11) 

(bankruptcy court). Pursuant to an 

agreement between CCPA, O&P, and the 

bankruptcy trustee for CCPR, O&P will 

acquire and operate the line by 

assuming CCPR’s rights, duties, and 

obligations under CCPR’s track lease 

and operating agreement with CCPA 

(including CCPR’s option to purchase 

the line in March 2006). The agreement 

is pending final approval from the 

bankruptcy court, which O&P expects 

will be granted before December 31, 

2004.1

The transaction is scheduled to be 

consummated on or after December 15, 

2004. O&P certifies that its projected 

revenues as a result of the transaction 

will not exceed those that would qualify 

it as a Class III rail carrier. 

This transaction is related to STB 

Docket No. AB–556 (Sub–No. 2X), 

Railroad Ventures, Inc.—Abanondment 

Exemption—Between Youngstown, OH, 

and Darlington, PA, in Mahoning and 

Columbiana Counties, OH, and Beaver 

County, PA, which involves the 

purchase of the line by CCPA pursuant 

to the offer of financial assistance 

provisions of 49 U.S.C. 10904 and 49 

CFR 1152.27. 

If this 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. 34632, 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 Kelvin J. 

Dowd, Slover & Loftus, 1224 

Seventeenth Street, NW., Washington, 

DC 20036. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: December 14, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–27858 Filed 12–20–04; 8:45 am] 

BILLING CODE 4915–01–P

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