81 FR 87122 - Delmarva Central Railroad Company-Lease and Operation Exemption With Interchange Commitment-Norfolk Southern Railway Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 232 (December 2, 2016)

Page Range		87122-87122
FR Document		2016-28950

Federal Register, Volume 81 Issue 232 (Friday, December 2, 2016)

[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Page 87122]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28950]



[[Page 87122]]

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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36071]


Delmarva Central Railroad Company--Lease and Operation Exemption 
With Interchange Commitment--Norfolk Southern Railway Company

    Delmarva Central Railroad Company (DCR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease and operate 
approximately 161.59 miles of track (the Line) currently owned and 
operated by Norfolk Southern Railway Company (NSR) consisting of (1) a 
line of railroad extending between Porter, Del., at milepost DM 14.4 
and Pocomoke, Md., at milepost DM 128.19; (2) a line of railroad 
extending between Harrington, Del., at milepost IR 0.0 and Frankford, 
Del., at milepost IR 39.0; and (3) various industrial tracks.\1\
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    \1\ These segments include the Oxford Industrial Track between 
mileposts VQ 0 and VQ 0.4, the Cambridge Industrial Track between 
mileposts QT 0.0 and QT 2.3, the Willards Industrial Track between 
mileposts MW 42.05 and MW 45.7, the Mardella Industrial Track 
between mileposts MW 41.4 and MW 42.05, the Mill Street Industrial 
Track between mileposts MR 0.0 and MR 0.6, and the Chrisfield 
Industrial Track between mileposts KK 0.0 and KK 1.2. DCR notes that 
the parties do not intend to convey common carrier authority over 
such industrial tracks or convert such industrial tracks into 49 
U.S.C. 10901 lines.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Carload Express, Inc.--Continuance in Control 
Exemption--Delmarva Central Railroad, Docket No. FD 36072, in which 
Carload Express, Inc., seeks to continue in control of DCR upon DCR's 
becoming a Class III rail carrier.
    DCR states that is has reached an agreement in principle with NSR 
to lease and operate the Line upon the effective date established by 
the Board and that a final version of the agreement is expected to be 
executed shortly. As required by 49 CFR 1150.33(h), DCR has disclosed 
in its verified notice that the agreement contains interchange 
commitments, including lease credits, and that the agreement affects 
interchange at Tasker, Del. (near New Castle, Del.) and Clay, Del. 
(near Clayton, Del.). In addition, DCR has provided additional 
information regarding the interchange commitments as required by Sec.  
1150.33(h).\2\
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    \2\ DCR states that, for it to conduct operations, it will enter 
into various interchange agreements, some of which will include 
limited trackage rights to be used solely for interchange purposes. 
DCR notes, for example, to interchange at Tasker, DCR crews will 
need to operate over NSR and to interchange at Clay, NSR crews will 
need to operate over DCR.
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    DCR certifies that its projected annual revenues resulting from the 
transaction will not exceed those that would qualify it as a Class III 
rail carrier. DCR notes, however, that its annual operating revenues 
will exceed $5 million. Accordingly, in compliance with 49 CFR 
1150.32(e), DCR/NSR posted the required 60-day labor notice of this 
transaction at the workplaces of NSR employees on the Line on October 
18, 2016, and has served that notice on the national offices of the 
labor unions for those employees' unions as of that same date. On 
October 18, 2016, DCR also filed a letter with the Board certifying its 
compliance with the advance notice requirements.
    The transaction may be consummated on or after December 17, 2016, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions for stay must be filed no later than December 9, 
2016 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36071, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on William A. Mullins, Baker & Miller, PLLC, 
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    According to DCR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: November 28, 2016.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.

Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-28950 Filed 12-1-16; 8:45 am]
 BILLING CODE 4915-01-P

87122 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices

SURFACE TRANSPORTATION BOARD will not exceed those that would qualify miles of rail line (the Line), from Indian
it as a Class III rail carrier. DCR notes, Creek Railroad Company (ICRK).1
[Docket No. FD 36071]
however, that its annual operating According to KR’s notice, the Line
Delmarva Central Railroad Company— revenues will exceed $5 million. extends between a point of connection
Lease and Operation Exemption With Accordingly, in compliance with 49 to Norfolk Southern Railway Company
Interchange Commitment—Norfolk CFR 1150.32(e), DCR/NSR posted the at or near Florida Station and the end
Southern Railway Company required 60-day labor notice of this of track northwest of Anderson, Ind., a
transaction at the workplaces of NSR distance of 4.55 miles in Madison
Delmarva Central Railroad Company employees on the Line on October 18, County, Ind. The Line does not have
(DCR), a noncarrier, has filed a verified 2016, and has served that notice on the milepost designations.
notice of exemption under 49 CFR national offices of the labor unions for KR states that in Kokomo Rail Co.,
1150.31 to lease and operate those employees’ unions as of that same Inc.—Acquisition and Operation
approximately 161.59 miles of track (the date. On October 18, 2016, DCR also Exemption—Rail Line of Indian Creek
Line) currently owned and operated by filed a letter with the Board certifying Railroad Company, FD 36054 (STB
Norfolk Southern Railway Company its compliance with the advance notice served Aug. 18, 2016), Kokomo Rail Co.,
(NSR) consisting of (1) a line of railroad requirements. Inc. (KRC) was authorized to acquire
extending between Porter, Del., at The transaction may be consummated and operate ICRK’s rail line. However,
milepost DM 14.4 and Pocomoke, Md., on or after December 17, 2016, the according to KR, KRC’s corporate
at milepost DM 128.19; (2) a line of effective date of the exemption (30 days identity had been dissolved before that
railroad extending between Harrington, after the verified notice of exemption notice was filed. KR further states that
Del., at milepost IR 0.0 and Frankford, was filed). KRC’s authority to acquire and operate
Del., at milepost IR 39.0; and (3) various If the verified notice contains false or ICRK’s rail was not consummated.
industrial tracks.1 misleading information, the exemption KR certifies that its projected annual
This transaction is related to a is void ab initio. Petitions to revoke the revenues as a result of this transaction
concurrently filed verified notice of exemption under 49 U.S.C. 10502(d) will not result in the creation of a Class
exemption in Carload Express, Inc.— may be filed at any time. The filing of II or Class I rail carrier, that its projected
Continuance in Control Exemption— a petition to revoke will not annual revenue will not exceed $5
Delmarva Central Railroad, Docket No. automatically stay the effectiveness of million, and that the transaction does
FD 36072, in which Carload Express, the exemption. Petitions for stay must not involve any interchange
Inc., seeks to continue in control of DCR be filed no later than December 9, 2016 commitments.
upon DCR’s becoming a Class III rail (at least seven days before the The earliest this transaction may be
carrier. exemption becomes effective). consummated is December 17, 2016, the
DCR states that is has reached an An original and 10 copies of all effective date of the exemption (30 days
agreement in principle with NSR to pleadings, referring to Docket No. FD after the amended verified notice of
lease and operate the Line upon the 36071, must be filed with the Surface exemption was filed).
effective date established by the Board Transportation Board, 395 E Street SW., If the notice contains false or
and that a final version of the agreement Washington, DC 20423–0001. In misleading information, the exemption
is expected to be executed shortly. As addition, a copy of each pleading must is void ab initio. Petitions to revoke the
required by 49 CFR 1150.33(h), DCR has be served on William A. Mullins, Baker exemption under 49 U.S.C. 10502(d)
disclosed in its verified notice that the & Miller, PLLC, 2401 Pennsylvania Ave. may be filed at any time. The filing of
agreement contains interchange a petition to revoke will not
NW., Suite 300, Washington, DC 20037.
commitments, including lease credits, According to DCR, this action is automatically stay the transaction.
and that the agreement affects categorically excluded from Petitions for stay must be filed no later
interchange at Tasker, Del. (near New environmental review under 49 CFR than December 9, 2016 (at least 7 days
Castle, Del.) and Clay, Del. (near 1105.6(c). before the exemption becomes
Clayton, Del.). In addition, DCR has Board decisions and notices are effective).
provided additional information available on our website at An original and 10 copies of all
regarding the interchange commitments WWW.STB.GOV. pleadings, referring to Docket No. FD
as required by § 1150.33(h).2 36070, must be filed with the Surface
DCR certifies that its projected annual Decided: November 28, 2016.
By the Board, Scott M. Zimmerman, Acting
Transportation Board, 395 E Street SW.,
revenues resulting from the transaction
Director, Office of Proceedings. Washington, DC 20423–0001. In
1 These segments include the Oxford Industrial
addition, a copy of each pleading must
Kenyatta Clay, be served on Thomas F. McFarland,
Track between mileposts VQ 0 and VQ 0.4, the
Cambridge Industrial Track between mileposts QT Clearance Clerk. Thomas F. McFarland, P.C., 208 South
0.0 and QT 2.3, the Willards Industrial Track [FR Doc. 2016–28950 Filed 12–1–16; 8:45 am] LaSalle Street, Suite 1666, Chicago, IL
between mileposts MW 42.05 and MW 45.7, the
Mardella Industrial Track between mileposts MW
BILLING CODE 4915–01–P 60604.
41.4 and MW 42.05, the Mill Street Industrial Track According to KR, this action is
between mileposts MR 0.0 and MR 0.6, and the categorically excluded from
Chrisfield Industrial Track between mileposts KK SURFACE TRANSPORTATION BOARD environmental review under 49 CFR
0.0 and KK 1.2. DCR notes that the parties do not 1105.6(c).
intend to convey common carrier authority over [Docket No. FD 36070]
asabaliauskas on DSK3SPTVN1PROD with NOTICES

such industrial tracks or convert such industrial Board decisions and notices are
tracks into 49 U.S.C. 10901 lines. Kokomo Rail, LLC—Acquisition and available on our Web site at
2 DCR states that, for it to conduct operations, it
Operation Exemption—Rail Line of WWW.STB.GOV.
will enter into various interchange agreements, Indian Creek Railroad Company
some of which will include limited trackage rights Decided: November 25, 2016.
to be used solely for interchange purposes. DCR Kokomo Rail, LLC (KR), a Class III rail
notes, for example, to interchange at Tasker, DCR 1 KR filed the verified notice of exemption on

crews will need to operate over NSR and to
carrier, has filed a verified notice of October 27, 2016, a letter supplementing the record
interchange at Clay, NSR crews will need to operate exemption under 49 CFR 1150.41 to on November 7, 2016, and an amended verified
over DCR. acquire and operate approximately 4.55 notice on November 17, 2016.

VerDate Sep<11>2014 17:55 Dec 01, 2016 Jkt 241001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\02DEN1.SGM 02DEN1

Document Created: 2018-02-14 09:01:58
Document Modified: 2018-02-14 09:01:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 87122