Federal Register, Volume 75 Issue 197 (Wednesday, October 13, 2010)

[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Notices]
[Pages 62920-62921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25704]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35383]


Eastern Berks Gateway Railroad Company--Modified Rail 
Certificate--in Berks County, PA

    On September 13, 2010, Eastern Berks Gateway Railroad Company 
(EBGR), a noncarrier, filed a notice for a modified certificate of 
convenience and necessity under 49 CFR pt. 1150 subpart C--Modified 
Certificate of Public Convenience and Necessity to lease and operate an 
approximately 8.6-mile line of railroad between milepost 0.0 at 
Pottstown and milepost 8.6 at Boyertown in Berks County, Pa. 
(Colebrookdale Line).
    The Colebrookdale Line was authorized for abandonment by the Board 
in East Penn Railroad--Abandonment Exemption--In Berks and Montgomery 
Counties, Pa., Docket No. AB 1020X (STB served Nov. 18, 2008). Although 
authorized for abandonment, the line was subsequently acquired by Berks 
County, Pa. (the County), pursuant to 49 CFR 1150.22.\1\
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    \1\ The County originally filed an offer of financial assistance 
(OFA) to acquire the Colebrookdale Line. The Board subsequently set 
the terms and conditions for the acquisition via OFA. See E. Penn 
R.R.--Abandon. Exemption--In Berks and Montgomery Counties, Pa., 
Docket No. AB 1020X (STB served Jan. 28, 2009). However, the County 
acquired the Colebrookdale Line under 49 CFR 1150.22 rather than 
under the OFA process. See E. Penn R.R.--Abandon. Exemption--In 
Berks and Montgomery Counties, Pa., AB 1020X (STB served Apr. 9, 
2009).
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    Pursuant to a Lease and Operating Agreement, EBGR, as lessee, and 
the County, as owner, have agreed that EBGR will commence freight rail 
operation on or about September 15, 2010, for a term of 5 years, which 
may be extended up to 1 additional 5-year term. Under the Lease and 
Operating Agreement, the County is responsible for restoring the 
Colebrookdale Line to Federal Railroad Administration Class 2 condition 
prior to EBGR's commencement of operations, and will retain 
responsibility for the cost of certain bridge and grade crossing 
rehabilitation. As operator of the Colebrookdale Line, EBGR will 
provide rail freight service to the only interline connection, Norfolk 
Southern Railway Company, at milepost 0.0, at Pottstown. EBGR intends 
to provide rail service twice weekly or on an as-needed basis.
    This transaction is related to the verified notice of exemption 
filed in US Rail Partners, Ltd. and Blackwell Northern Gateway 
Railroad--Continuance in Control Exemption--Eastern Berks Gateway 
Railroad, Docket No. FD 35384 (STB served July 15, 2010), wherein US 
Rail Partners, Ltd. (USRP), and Blackwell Northern Gateway Railroad 
Company (BNGR) seeks to continue in control of EBGR, upon EBGR becoming 
a Class III rail carrier.
    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, Docket No. 
FD 28990F (ICC served July 16, 1981).
    EBGR states that no subsidy is involved and that there are no 
preconditions for shippers to meet in order to receive rail service. 
EBGR also states that the Lease and Operating Agreement requires it to 
obtain 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 at 425 Third Street, SW., Suite 
1000, Washington, DC 20024; and on the American Short Line and Regional 
Railroad Association at 50 F Street, NW., Suite 7020, Washington, DC 
20001.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.


[[Page 62921]]


    Decided: October 6, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-25704 Filed 10-12-10; 8:45 am]
BILLING CODE 4915-01-P