Federal Register / Vol. 64, No. 73 / Friday, April 16, 1999 / Notices 18965 which a pending request for Certificate of Public Convenience and convenience and necessity. See confidentiality has been filed by Necessity, to operate the following lines Common Carrier Status of States, State petitioner with NHTSA’s Office of Chief of railroad: (a) between milepost 12.7 at Agencies and Instrumentalities and Counsel under 49 CFR part 512. the Delaware/Pennsylvania state line Political Subdivisions, Finance Docket Standard No. 301 Fuel System and milepost 30.29 at Modena, PA, a No. 28990 (ICC served July 16, 1981). Integrity: The petitioner states that the distance of 17.59 miles; and (b) between Brandywine indicates that no subsidy vehicle will meet the standard with fuel milepost 18.0 at Wawa, PA, and is involved and that there are no system modifications made in milepost 54.50 at the Pennsylvania/ preconditions for shippers to meet in conjunction with those necessary to Maryland state line near Sylmar, MD, a order to receive rail service. meet Environmental Protection Agency distance of 36.50 miles.1 This notice will be served on the (EPA) requirements that are more fully The lines of railroad are owned by the Association of American Railroads (Car described in a submission for which a Pennsylvania Department of Service Division) as agent for all pending request for confidentiality has Transportation (PennDOT) and by the railroads subscribing to the car-service been filed by petitioner with NHTSA’s Southeastern Pennsylvania and car-hire agreement: Association of Office of Chief Counsel under 49 CFR Transportation Authority (SEPTA), American Railroads, 50 F Street, NW, part 512. The petitioner further states respectively. The lines were not Washington, DC 20001; and on the that it conducted dynamic tests that included in the final system plan at the American Short Line Railroad demonstrate the vehicle’s compliance time the Consolidated Rail Corporation Association: American Short Line with the standard. was formed and, as such, were Railroad Association, 1120 G St., NW, The petitioner additionally states that authorized to be abandoned without Suite 520, Washington, DC 20005. a vehicle identification number (VIN) further approval of the Interstate Commerce Commission (ICC) pursuant Decided: April 13, 1999. plate must be attached to the left By the Board, David M. Konschnik, windshield post and a reference and to the Railroad Revitalization and Regulatory Reform Act of 1976, Pub. L. Director, Office of Proceedings. certification label must be added in the Vernon A. Williams, left front door post area to meet 49 CFR No. 94–210. PennDOT acquired its line Secretary. part 565. segment from the trustees of the Reading Interested persons are invited to Railroad, while SEPTA acquired its [FR Doc. 99–9701 Filed 4–15–99; 8:45 am] submit comments on the petition segment from the trustees of the Penn BILLING CODE 4915±00±P described above. Comments should refer Central Transportation Company, after to the docket number and be submitted the respective lines were abandoned in DEPARTMENT OF TRANSPORTATION to: Docket Management, Room PL–401, 1976. 400 Seventh St., SW, Washington, DC Brandywine states that, when the notice was filed, the lines were being Surface Transportation Board 20590. It is requested but not required operated by the Delaware Valley that 10 copies be submitted. Railroad Company (DV) under an [STB Finance Docket No. 33652] All comments received before the arrangement with PennDOT pursuant to close of business on the closing date a modified certificate. Brandywine Union Pacific Railroad CompanyÐ indicated above will be considered, and further states that PennDOT gave DV a Acquisition and Operation will be available for examination in the notice of termination (in December ExemptionÐMid Michigan Railroad, docket at the above address both before 1998, according to Brandywine) Inc. and after that date. To the extent effective March 19, 1999, and DV possible, comments filed after the AGENCY: Surface Transportation Board. stopped operating on that date. closing date will also be considered. PennDOT contracted with Brandywine ACTION: Notice of exemption. Notice of final action will be published to assume operations, which began on SUMMARY: Under 49 U.S.C. 10502, the in the Federal Register pursuant to the March 22, 1999.2 Under an interim authority indicated below. Board is granting a petition for operating agreement between exemption from the prior approval Authority: 49 U.S.C. § 30141(a)(1)(B) and Brandywine and PennDOT, service is to requirements of 49 U.S.C. 11323–25 (b)(1); 49 CFR 593.8; delegations of authority be provided by Brandywine until at 49 CFR 1.50 and 501.8. 3 filed by Union Pacific Railroad September 30, 1999. Company for its acquisition of the Issued on April 12, 1999. The rail segment qualifies for a 107.3-mile line of railroad owned by Marilynne Jacobs, modified certificate of public Mid Michigan Railroad, Inc., between Director, Office of Vehicle Safety Compliance. Saint Joseph, MO, and Upland, KS, [FR Doc. 99–9546 Filed 4–15–99; 8:45 am] 1 In a decision served March 26, 1999, the Board’s Chairman denied a petition filed March 19, 1999, subject to employee protective and BILLING CODE 4910±59±P by the Delaware Valley Railroad Company (DV), the environmental conditions. former operator of the line, to stay the effectiveness DATES of this notice. Under our rules, carriers can begin : This exemption was effective on DEPARTMENT OF TRANSPORTATION operating immediately on the filing of the notice. April 13, 1999. Petitions to reopen must 49 CFR 1150.23(a). be filed by May 5, 1999. 2 Surface Transportation Board On March 23, 1999, Brandywine filed a petition ADDRESSES: An original and 10 copies of for prescription of alternative rail service under 49 all pleadings referring to the exemption [STB Finance Docket No. 33722] CFR part 1146 over a line of track owned by the Wilmington and Northern Railroad Company and granted in STB Finance Docket No. operated by DV as a designated operator between 33652 must be filed with the Surface Brandywine Valley Railroad milepost 12.7 at the Delaware/Pennsylvania border CompanyÐModified Rail Certificate and milepost 2.9 at Elsmere Jct., DE. See Transportation Board, Office of the Brandywine Valley Railroad Company—Petition for Secretary, Case Control Unit, 1925 K On March 17, 1999, Brandywine Prescription of Alternative Rail Service—Line Street, NW, Washington, DC 20423– Valley Railroad Company (Brandywine), Operated by Delaware Valley Railway Company, 0001. In addition, a copy of all STB Finance Docket No. 33732. That petition will filed a notice for a modified certificate be addressed in a separate Board decision. pleadings must be served on applicant’s of public convenience and necessity 3 Brandywine is also negotiating to purchase the representative, Joseph D. Anthofer, 1416 under 49 CFR 1150, Subpart C, Modified line. Dodge Street, #830, Omaha, NE 68179.

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FOR FURTHER INFORMATION CONTACT: Section 22, Map 31), to milepost 130.9 By the Board, David M. Konschnik, Beryl Gordon (202) 565–1600. [TDD for in Jefferson (Waumbec Junction), NH Director, Office of Proceedings. the hearing impaired (202) 565–1695.] (shown as railroad Valuation Station Vernon A. Williams, SUPPLEMENTARY INFORMATION: For 325+03.2 on plans for Federal Valuation Secretary. further information, refer to the Board’s Section 24.2, Map 6 at the point of [FR Doc. 99–9438 Filed 4–15–99; 8:45 am] decision served April 14, 1999. switch for the Maine Central Railroad BILLING CODE 4915±00±P To purchase a copy of the full connecting track); and (c) from milepost decision, write to, call, or pick up in 130.9 in Jefferson (Waumbec Junction), person from: DC NEWS & DATA, INC., NH (Valuation Station 325+03.2), to a DEPARTMENT OF TRANSPORTATION 1925 K Street, NW, Suite 210, point in Groveton (Northumberland), Surface Transportation Board Washington, DC 20006. Telephone: NH (shown as the Valuation Section (202) 289–4357. [Assistance for the 2715+83 on plans for Federal Valuation [STB Finance Docket No. 33728] hearing impaired is available through Section 22, Map 52 at the Whistle Post State of New Hampshire Department of TDD services (202) 565–1695.] located South of the West Street Board decisions and notices are TransportationÐAcquisition crossing, such point being the point of available on our website at ExemptionÐNew Hampshire and ‘‘WWW.STB.DOT.GOV.’’ intersection with the tracks of the St. Vermont Railroad Company Lawrence & Atlantic Railroad Decided: April 13, 1999. Company).2 The State of New Hampshire By the Board, Chairman Morgan, Vice Department of Transportation (NHDOT), The earliest the transaction could be Chairman Clyburn, and Commissioner a noncarrier, has filed a verified notice consummated was March 25, 1999, the Burkes. of exemption under 49 CFR 1150.31 to Vernon A. Williams, effective date of the exemption (7 days acquire (by purchase) approximately Secretary. after the notice of exemption was filed). 36.0 miles of rail line owned by the New [FR Doc. 99–9569 Filed 4–15–99; 8:45 am] However, this transaction is related to Hampshire and Vermont Railroad STB Finance Docket No. 33728, the BILLING CODE 4915±00±P Company (NHVT). The lines being State of New Hampshire Department of acquired by NHDOT are known as the Transportation—Acquisition Berlin Branch and the Groveton Branch DEPARTMENT OF TRANSPORTATION Exemption—New Hampshire and and extend: (a) from milepost 113.0 at Vermont Railroad Company, in which Littleton, NH (Valuation Station Surface Transportation Board the State of New Hampshire has filed a 995+66), to milepost 125.0 at [STB Finance Docket No. 33727] notice of exemption with respect to its Whitefield, NH (Valuation Station purchase of these lines from NHVT. 1629+30); (b) from milepost 125.0 at New Hampshire and Vermont Railroad Because the exemption in STB Finance Whitefield, NH (Valuation Station CompanyÐOperation ExemptionÐ Docket No. 33728 was not scheduled to 1629+30), to milepost 130.9 at Jefferson Certain Lines of the State of New take effect until on or after March 30, (Waumbec Junction), NH (Valuation Hampshire 1999, the exemption in STB Finance Station 325+03.2); and (c) from milepost 130.9 at Jefferson (Waumbec Junction), New Hampshire and Vermont Docket No. 33727 could not have been NH (Valuation Station 325+03.2), to a Railroad Company (NHVT), a Class III consummated prior to March 30, 1999. point in Groveton (Northumberland), rail carrier has filed a notice of If the notice contains false or NH, where said line intersects with a exemption under 49 CFR 1150.41 to misleading information, the exemption line of railroad owned by the St. operate approximately 36 miles of is void ab initio. Petitions to revoke the Lawrence & Atlantic Railroad Company certain rail lines owned by the State of exemption under 49 U.S.C. 10502(d) (Valuation Station 2715+83). NHVT will New Hampshire by and through the may be filed at any time. The filing of operate the property. New Hampshire Department of a petition to revoke will not The transaction was scheduled to be 1 Transportation (subject lines). The automatically stay the transaction. consummated on or after March 30, subject lines consist of a parcel or strip 1999. of railroad land of varying width, lying An original and 10 copies of all pleadings, referring to STB Finance This transaction is related to STB in Grafton and Coos Counties, NH, Finance Docket No. 33727, New comprising a portion of railroad right-of- Docket No. 33727, must be filed with the Surface Transportation Board, Office Hampshire and Vermont Railroad way known as the ‘‘Berlin Branch’’ and Company—Operation Exemption— a portion of railroad right-of-way known of the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC 20423– Certain Lines of the State of New as the ‘‘Groveton Branch’’: (a) from Hampshire, wherein NHVT has filed a 0001. In addition, one copy of each milepost 113.0 in Littleton, NH (shown notice of exemption to operate over the pleading must be served on David H. as railroad Valuation Station 995+66 on lines once they are owned by NHDOT. plans for Federal Valuation Section 22, Anderson, Attorney at Law, 288 Thus, NHVT will continue as the Map 19), to milepost 125.0 in Littleton Road, Suite 21, Westford, MA primary common carrier freight operator Whitefield, NH (shown as railroad 01886. of the subject lines. Valuation Station 1629+30 on plans for Board decisions and notices are If the notice contains false or Federal Valuation Section 22, Map 31); available on our website at misleading information, the exemption (b) from milepost 125.0 in Whitefield, ‘‘WWW.STB.DOT.GOV.’’ is void ab initio. Petitions to revoke the NH (shown as railroad Valuation Station exemption under 49 U.S.C. 10502(d) Decided: April 8, 1999. 1629+30 on plans for Federal Valuation may be filed at any time. The filing of a petition to revoke will not 1 The parties state that NHVT and the State of 2 automatically stay the transaction. New Hampshire, by its Department of NHVT certifies that its annual revenue will not Transportation, entered into an operating agreement exceed those that would qualify it as a Class III rail An original and 10 copies of all on March 15, 1999, providing for NHVT’s operation carrier and that its annual revenues are not pleadings, referring to STB Finance of the subject line. projected to exceed $5 million. Docket No. 33728, must be filed with

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