[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21763]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32534]
RailAmerica, Inc.--Continuance in Control Exemption--Delaware
Valley Railway Company, Inc.
RailAmerica, Inc. (RAI), a noncarrier holding company, has filed a
notice of exemption to continue in control of Delaware Valley Railway
Company, Inc. (Delaware), a noncarrier, upon the latter becoming a
class III rail carrier.
In related proceedings, Delaware has concurrently filed: (1) A
modified rail certificate to operate two rail lines1 totalling
approximately 53.82 miles, see Delaware Valley Railway Company, Inc.--
Modified Rail Certificate, Finance Docket No. 32535; and (2) a
designated operator certificate to operate a 9.8-mile rail line
extending between milepost 2.9 at Elsmere Jct., DE, and milepost 12.7
at the Delaware/Pennsylvania line,2 see Certificate of Designated
Operator, Delaware Valley Railway Company, D-OP 59 (USRA Line No. 907/
939). The notice became effective on June 24, 1994.3
\1\The line segment extending between milepost 12.7 at the
Delaware/Pennsylvania line and milepost 30.02 at Modena, PA, is
owned by the Pennsylvania Department of Transportation; the other
line segment extending between milepost 18.0 at Wawa, PA, and
milepost 54.50 at Sylmar, MD, is owned by the South Eastern
Pennsylvania Transportation Authority.
\2\The line is owned by the Reading Company, successor to the
bankrupt Reading Railroad.
\3\Under 49 CFR 1180.2(d), notices of exemption become effective
7 days after being filed. Service of this decision has been delayed
because additional information was needed to process the related
proceedings.
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RAI owns and controls the following class III rail carriers: Huron
and Eastern Railway Company, Inc. (operating in Michigan); Saginaw
Valley Railway Company (operating in Michigan); and South Central
Tennessee Railroad Corporation (operating in Tennessee).
RAI states that: (1) The lines to be operated by Delaware do not
connect with any of the other lines controlled by it; (2) the
continuance in control is not a part of a series of anticipated
transactions that would connect Delaware with any railroad in the
corporate family; and (3) the transaction does not involve a class I
carrier. Therefore, the transaction is exempt from the prior approval
requirements of 49 U.S.C. 11343. See 49 CFR 1180.2(d)(2).
As a condition to use of this exemption, any employees affected by
the transaction will be protected by the conditions set forth in New
York Dock Ry.--Control--Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be
filed at any time. The filing of a petition to revoke will not
automatically stay the transaction. Pleadings must be filed with the
Commission and served on: Robert A. Wimbish, Rea, Cross & Auchincloss,
Suite 420, 1920 N Street, N.W., Washington, DC 20036.
Decided: August 26, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-21763 Filed 9-1-94; 8:45 am]
BILLING CODE 7035-01-P
