[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