[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Notices]
[Pages 56572-56573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27131]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33802]
Delta Southern Railroad, Inc.--Acquisition and Operation
Exemption--Delta Southern Railroad Company
Delta Southern Railroad, Inc. (Delta), a noncarrier, newly created
to become a Class III railroad, has filed a verified notice of
exemption under 49 CFR 1150.31 to acquire (by purchase or lease) and
operate approximately 132.78 miles of rail line from Delta Southern
Railroad Company (DSRR). The lines or rights intended to be acquired
are as follows: (1) From milepost 408.9 in or near McGehee, AR, to
milepost 489.44 in or near Tallulah, LA; (2) a rail spur from milepost
445.53 (where it connects with the Warren Line described in (3)(a)) for
3 miles; 1 and (3) DSRR's leasehold interest in a rail line
owned by Union Pacific Railroad Company (UP) and currently operated by
DSRR (a) from milepost 422.32 at Dermott, AR, to milepost 461.74 at
Warren, AR (The Warren Line), and (b) from milepost 566 at Monroe, LA,
to milepost 556.18 at Sterlington, LA (The Sterlington Line). In
addition, Delta will acquire approximately 11.76 miles of operating
rights over other rail lines: (1) DSRR's operating rights over certain
other rail assets located at milepost 491 in Tallulah, LA, and owned by
the Madison Parish Port Commission (The Madison Line); (2) certain
overhead trackage rights over UP's line (a) between milepost 415.26 at
Dermott, AR, and milepost 409.7 at McGehee, AR, and (b) and yard
facilities from milepost 566 and milepost 500.3 to milepost 504 at
Monroe, LA; and (3) certain operating rights at milepost 472.8 at Lake
Providence, LA, owned by the Lake Providence Port
Commission.2
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\1\ Delta indicated in its notice that it takes no position on
whether this line is a spur for the purpose of the spur exemption
under 49 U.S.C. 10906.
\2\ Delta states that its projected revenues will not exceed
those that would qualify it as a Class III rail carrier and that its
revenues are not projected to exceed $5 million.
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On August 4, 1999, William and Linda Wainwright, sole owners of
Delta signed a letter of intent with Lawrence Beal for the parties to
negotiate and execute a purchase and sale agreement for the acquisition
and operation of DSRR.3 The verified notice states that
William Wainwright has managed DSRR for the past 10 years since DSRR
was established as a short line railroad in 1989. The parties had not
yet signed an agreement as of the October 1, 1999 filing of the
verified notice of exemption.
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\3\ Lawrence Beal owns 100% of DSRR.
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The transaction is scheduled to be consummated on or shortly after
October 18, 1999.
If the 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 transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 33802, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on John D. Heffner, Esq., Rea, Cross, & Auchincloss, 1707 L
Street, NW, Suite 570, Washington, DC 20036.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: October 12, 1999.
[[Page 56573]]
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-27131 Filed 10-19-99; 8:45 am]
BILLING CODE 4915-00-P
