Looks like this confirms East Penn is taking over the line;
Full Text of Decision
35336
SERVICE DATE – DECEMBER 21, 2004
DO
FR-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, Pub. L. 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 American
Railroads, 50 F Street, N.W., Washington, DC 20001; and on the American Short
Line and Regional
Railroad Association: American Short Line and Regional Railroad Association, 50
F Street, N.W.,
Suite 7020, Washington, DC 20001.
Board decisions and notices are available on our website at
<
http://WWW.STB.DOT.GOV>.
Decided: December 13, 2004.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams
Secretary