[Federal Register Volume 64, Number 122 (Friday, June 25, 1999)]
[Notices]
[Pages 34311-34312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16240]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33755]


Diamond State Port Railway Company, Inc.--Lease and Operation 
Exemption--Diamond State Port Corporation and F.A. Potts & Company 
International, Inc.

    Diamond State Port Railway Company, Inc. (DSPR), a noncarrier, has 
filed a notice of exemption under 49 CFR 1150.31 to lease and operate 
approximately 1.1 miles of certain rail lines owned by the Diamond 
State Port Corporation (DPC), a political subdivision of the State of 
Delaware, and F.A. Potts & Company International, Inc. (FAPC), located 
adjacent to and within the Port of Wilmington in the State of Delaware. 
The lines involved consist of the following: (1) Approximately 0.5 
miles of DPC's rail line (the Diamond Line) extending from a connection 
with Consolidated Rail Corporation's (Conrail) New Castle Secondary 
Track at approximately Conrail milepost 2.0, to the vicinity of Gist 
Road in Wilmington, DE; and (2) approximately 3,000 feet of FAPC's 
trackage (the Potts Line) extending from a connection with Conrail 
(approximately 300 feet north of the

[[Page 34312]]

Diamond Line's connection with Conrail's New Castle Secondary Track) to 
the vicinity of Christiana Ave., and U.S. Interstate 495.\1\ Upon 
exercising the authority granted in this exemption, DSPR will become a 
Class III rail carrier.\2\
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    \1\ As indicated by DSPR in its notice, because both of the 
lines described above have been operated until now as spur, 
industrial, switching or terminal trackage, the lines in question 
have never, to DSPR's knowledge, been assigned milepost numbers or 
valuation station numbers. The property descriptions provided are 
offered in lieu of the milepost or valuation station data typically 
provided to define the origination and termination points on rail 
lines.
    \2\ DSPR states that its revenues will not exceed those that 
would qualify it as a Class III rail carrier and its revenues are 
not projected to exceed $5 million.
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    DSPR will continue rail service formerly provided by Conrail to 
existing rail customers located in the above-described area.\3\
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    \3\ Norfolk Southern Railway has assumed service previously 
provided by Conrail on connecting main lines into the Wilmington, DE 
area. See CSX Corporation and CSX Transportation, Inc., Norfolk 
Southern Corporation and Norfolk Southern Railway Company--Control 
and Operating Leases/Agreements--Conrail, Inc., and Consolidated 
Rail Corporation, STB Finance Docket No. 33388, Decision No. 89 (STB 
served July 23, 1998).
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    The transaction was scheduled to be consummated on or shortly after 
June 4, 1999.
    This transaction is related to two simultaneously filed notices of 
exemption in STB Finance Docket No. 33756, Delaware Transportation 
Group, Inc.--Continuance in Control Exemption--Diamond State Port 
Railway Company, Inc., wherein Delaware Transportation Group, Inc. 
(DGTI) seeks to continue in control of DSPR, upon DSPR's becoming a 
Class III rail carrier and one existing Class III railroad,\4\ and STB 
Finance Docket No. 33757, Delaware Transportation Group, Inc.--
Corporate Family Exemption-- Diamond State Port Railway Company, Inc., 
and Gettysburg Railway Company, Inc., wherein DTGI will become the 
parent company of Gettysburg Railway Company, Inc., and DSPR.
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    \4\ See Gettsyburg Railway Company. Inc.--Lease and Operation 
Exemption--Delaware Transportation Group, Inc., STB Finance Docket 
No. 33504 (STB served Nov. 21, 1997).
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    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. 33755, 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, one copy of each pleading must 
be served on Robert A. Wimbish, 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: June 21, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-16240 Filed 6-24-99; 8:45 am]
BILLING CODE 4915-00-MP