[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: 94-21764]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 325351]
Delaware Valley Railway Co., Inc., Modified Rail Certificate
On June 17, 1994, as amended or supplemented July 5, July 22, and
August 18, 1994, Delaware Valley Railway Company, Inc. (Delaware),
filed a notice for a modified certificate of public convenience and
necessity under 49 CFR Part 1150, Subpart C, to operate approximately
53.82 miles of rail line as follows: (1) 17.32 miles of rail extending
between milepost 12.7 at the Delaware/Pennsylvania line and milepost
30.02 at Modena, PA, owned by the Pennsylvania Department of
Transportation (PennDOT); and (2) 36.50 miles of rail extending between
milepost 18.0 at Wawa, PA, and milepost 54.50 at Sylmar, MD, owned by
the South Eastern Pennsylvania Transportation Authority (SEPTA).
\1\This proceeding embraces Octoraro Railway, Inc.--Acquisition
and Operation Exemption--Certain Rail Line of Southeastern
Pennsylvania Transportation Authority, Finance Docket No. 31254 (ICC
served Oct. 26, 1988) (Octoraro Acquisition).
It is also related to the following simultaneously filed
proceedings: Certificate of Designated Operator, Delaware Valley
Railway Company, D-OP 59 (USRA Line No. 907/939); and RailAmerica,
Inc.--Continuance in Control Exemption--Delaware Valley Railway
Company, Inc., Finance Docket No. 32534.
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Delaware states that it planned to commence operations on July 1,
1994, the day after Octoraro Railway, Inc. (Octoraro), the current
operator, was to terminate service.2
\2\Octoraro operated the lines under the authority issued in
Certificate of Designated Operator, Octoraro Railway, Inc., D-OP 10
(USRA Line No. 907/939-RDG) (ICC served Feb. 22, 1977), and Octoraro
Railway, Inc.--Operation--Over Southeastern Pennsylvania
Transportation Authority Between Wawa, PA and Colora, MD, in
Delaware and Chester Counties, PA and Cecil County County, MD,
Finance Docket No. 28334 (ICC served Oct. 25, 1978, and May 22,
1979) (Octoraro Operation).
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The lines were not included in the final system plan at the time
the Consolidated Rail Corporation was formed, and, as such, were
authorized to be abandoned without further Commission approval pursuant
to the Railroad Revitalization and Regulatory Reform Act of 1976, Pub.
L. 94-210. PennDOT acquired its line segment (a portion of USRA line
907/939) from the Trustees of the Reading Railroad, and SEPTA acquired
its line segment (a portion of USRA line 142) from the Trustees of the
Penn Central Transportation Company, after the respective lines were
abandoned in 1976.3
\3\Issuance of this modified certificate was delayed because the
Commission's records indicate that Octoraro, and not SEPTA, is the
owner of the 36.50-mile segment of USRA Line 142 extending between
Wawa and Sylmar. See Octoraro Acquisition, where Chester County, PA
(Chester), was to acquire the line segment from SEPTA, and
simultaneously sell it to Octoraro in a series of transactions that
were to be consummated on or about October 5, 1988. In
clarification, SEPTA and Chester, on August 18, 1994, jointly filed
a verified statement declaring that the acquisition transaction in
Finance Docket No. 31254 was never consummated. They affirm that
SEPTA continues to own the 36.50-mile line. Octoraro apparently
continued to operate the 36.50-mile line segment under the operating
exemption previously granted in Octoraro Operation.
Although Octoraro apparently has ceased operations, it has not
sought discontinuance authority. Consequently, Octoraro retains its
common carrier obligation to provide freight service between Wawa
and Colora, MD, under Finance Docket No. 28334. To be relieved of
that obligation, it must file a discontinuance application under 49
U.S.C. 10903 and 10904 or seek an exemption under 49 U.S.C. 10505.
This decision results in both Delaware and Octoraro being
authorized to operate the line between Wawa and Sylmar. This should
not be a problem because the evidence of record indicates that
future operations will be conducted by only one carrier. See New
Hampshire Central Railroad, Inc., Modified Rail Certificate, Finance
Docket No. 32309 (ICC served July 15, 1993).
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The Commission will serve a copy of this notice on the Association
of American Railroads (Car Service Division), as agent of all railroads
subscribing to the car-service and car-hire agreement, and on the
American Short Line Railroad Association.
Decided: August 26, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-21764 Filed 9-1-94; 8:45 am]
BILLING CODE 7035-01-P
