[Federal Register: April 16, 1999 (Volume 64, Number 73)]
[Notices]               
[Page 18965]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap99-149]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33722]

 
Brandywine Valley Railroad Company--Modified Rail Certificate

    On March 17, 1999, Brandywine Valley Railroad Company (Brandywine), 
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 the following lines of railroad: 
(a) between milepost 12.7 at the Delaware/Pennsylvania state line and 
milepost 30.29 at Modena, PA, a distance of 17.59 miles; and (b) 
between milepost 18.0 at Wawa, PA, and milepost 54.50 at the 
Pennsylvania/Maryland state line near Sylmar, MD, a distance of 36.50 
miles.<SUP>1</SUP>
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    \1\ In a decision served March 26, 1999, the Board's Chairman 
denied a petition filed March 19, 1999, by the Delaware Valley 
Railroad Company (DV), the former operator of the line, to stay the 
effectiveness of this notice. Under our rules, carriers can begin 
operating immediately on the filing of the notice. 49 CFR 
1150.23(a).
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    The lines of railroad are owned by the Pennsylvania Department of 
Transportation (PennDOT) and by the Southeastern Pennsylvania 
Transportation Authority (SEPTA), respectively. The lines were not 
included in the final system plan at the time the Consolidated Rail 
Corporation was formed and, as such, were authorized to be abandoned 
without further approval of the Interstate Commerce Commission (ICC) 
pursuant to the Railroad Revitalization and Regulatory Reform Act of 
1976, Pub. L. No. 94-210. PennDOT acquired its line segment from the 
trustees of the Reading Railroad, while SEPTA acquired its segment from 
the trustees of the Penn Central Transportation Company, after the 
respective lines were abandoned in 1976.
    Brandywine states that, when the notice was filed, the lines were 
being operated by the Delaware Valley Railroad Company (DV) under an 
arrangement with PennDOT pursuant to a modified certificate. Brandywine 
further states that PennDOT gave DV a notice of termination (in 
December 1998, according to Brandywine) effective March 19, 1999, and 
DV stopped operating on that date. PennDOT contracted with Brandywine 
to assume operations, which began on March 22, 1999.<SUP>2</SUP> Under 
an interim operating agreement between Brandywine and PennDOT, service 
is to be provided by Brandywine until September 30, 1999.<SUP>3</SUP>
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    \2\ On March 23, 1999, Brandywine filed a petition for 
prescription of alternative rail service under 49 CFR part 1146 over 
a line of track owned by the Wilmington and Northern Railroad 
Company and operated by DV as a designated operator between milepost 
12.7 at the Delaware/Pennsylvania border and milepost 2.9 at Elsmere 
Jct., DE. See Brandywine Valley Railroad Company--Petition for 
Prescription of Alternative Rail Service--Line Operated by Delaware 
Valley Railway Company, STB Finance Docket No. 33732. That petition 
will be addressed in a separate Board decision.
    \3\ Brandywine is also negotiating to purchase the line.
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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. 28990 (ICC served July 16, 1981).
    Brandywine indicates that no subsidy is involved and that there are 
no preconditions for shippers to meet in order to receive rail service.
    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 
Railroad Association: American Short Line Railroad Association, 1120 G 
St., NW, Suite 520, Washington, DC 20005.

    Decided: April 13, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-9701 Filed 4-15-99; 8:45 am]
BILLING CODE 4915-00-P