Notice2024-22951

Delmarva Central Railroad Company-Acquisition Exemption-Line of The Maryland and Delaware Railroad Company

Primary source

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Published
October 4, 2024

Issuing agencies

Surface Transportation Board

Full Text

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<title>Federal Register, Volume 89 Issue 193 (Friday, October 4, 2024)</title>
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[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Notices]
[Page 80982]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22951]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36805]


Delmarva Central Railroad Company--Acquisition Exemption--Line of 
The Maryland and Delaware Railroad Company

    Delmarva Central Railroad Company (DCR), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR part 1150.41 to 
acquire from The Maryland and Delaware Railroad Company (MDDE) an 
approximately 3.0-mile rail line known as the Snow Hill North Line, 
extending between the connection with DCR at milepost 39.0 at 
Frankford, Del., and milepost 42.0 immediately south of Fava Road at 
Selbyville, Del. (the Line).
    The verified notice states that Carload Express, Inc. (the parent 
company of DCR), Old Line Holding Company, Inc. (the parent company of 
MDDE), and MDDE have entered into a purchase agreement dated August 1, 
2024, pursuant to which the Line will be acquired by DCR as a 
designated corporate affiliate of Carload Express. DCR states that it 
will operate the Line as an extension of its existing rail line to 
Frankford from Harrington, Del.\1\
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    \1\ According to DCR, the purchase agreement further provides 
that, after DCR's acquisition of the Line, Carload Express, Inc., 
will file for Board authority to control MDDE, and Old Line Holding 
Company, Inc., will file for Board authority to acquire from MDDE 
the ``Snow Hill South Line,'' which extends south from milepost 42.0 
at Selbyville.
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    DCR certifies that its projected annual revenues as a result this 
transaction will not result in the creation of a Class II or Class I 
rail carrier. Pursuant to 49 CFR 1150.42(e), if a carrier's projected 
annual revenues will exceed $5 million, it must, at least 60 days 
before the exemption is to become effective, post a notice of its 
intent to undertake the proposed transaction at the workplace of the 
employees on the affected lines, serve a copy of the notice on the 
national offices of the labor unions with employees on the affected 
lines, and certify to the Board that it has done so. On August 20, 
2024, DCR certified that it posted the required 60-day notice at the 
workplaces of current MDDE employees who work on the Line.\2\
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    \2\ According to the verified notice, MDDE employees are not 
represented by any labor union.
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    DCR also certifies that the proposed acquisition and operation of 
the Lines does not involve a provision or agreement that may limit 
future interchange with a third-party connecting carrier.
    The transaction may be consummated on or after October 20, 2024, 
the effective date of the exemption (30 days after the verified notice 
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 October 11, 
2024 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36805, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
DCR's representative, Thomas J. Litwiler, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to DCR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.

    Decided: September 30, 2024.

    By the Board, Valerie O. Quinn, Acting Director, Office of 
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024-22951 Filed 10-3-24; 8:45 am]
BILLING CODE 4915-01-P


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Indexed from Federal Register on October 4, 2024.

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