[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Notices]
[Page 43783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18577]



[[Page 43783]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34369]


Morristown & Erie Railway, Inc.--Modified Rail Certificate

    On June 26, 2003, Morristown & Erie Railway, Inc. (M&E), 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 36.50 miles between milepost 18.0 at Wawa, PA, and 
milepost 54.50 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 94-210. SEPTA acquired the Octoraro Branch from the trustees 
of Penn Central after it was abandoned in 1976.
    M&E states that, until recently, the line was operated by the 
Brandywine Valley Railroad Company (BVRR) and the purchaser of its rail 
assets, ISG Railways, Inc. (ISG), pursuant to a modified rail 
certificate issued in Brandywine Valley Railroad Company--Modified Rail 
Certificate, STB Finance Docket No. 33722 (STB served Apr. 16, 
1999).\1\ On April 1, 2003, BVRR filed with the Board, pursuant to 49 
CFR 1150.24, a notice of intent to terminate service over the Octoraro 
Branch 60 days from the date of its notice. According to M&E, BVRR and 
ISG have terminated operations on the line. M&E states that, under an 
interim operating agreement between SEPTA and M&E, M&E will operate the 
Octoraro Branch for an interim period while SEPTA completes its 
procurement process to select a new railroad to provide freight service 
on the line. M&E also states that it will operate the line using the 
trade name Octoraro Railroad.
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    \1\ Pursuant to an exemption that became effective on April 29, 
2003, in 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 & Highspire 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), ISG was authorized to acquire the rail lines and assets of 
BVRR.
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    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).
    M&E indicates that no subsidy is involved, that there are no 
preconditions for shippers to meet to receive rail service, and that 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 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, 1120 G Street, NW, Suite 520, Washington, DC 
20005.

    Decided: July 16, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-18577 Filed 7-23-03; 8:45 am]
BILLING CODE 4915-00-P