[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Page 87123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28949]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36072]


Carload Express, Inc.--Continuance in Control Exemption--Delmarva 
Central Railroad Company

    Carload Express, Inc. (CEI), has filed a verified notice of 
exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of 
Delmarva Central Railroad Company (DCR) upon DCR's becoming a Class III 
rail carrier. CEI is a Class III non-operating rail holding company 
currently with subsidiary companies operating rail line in Pennsylvania 
and Ohio.
    This transaction is related to a concurrently filed verified notice 
of exemption in Delmarva Central Railroad--Lease & Operation Exemption 
with Interchange Commitment--Norfolk Southern Railway, FD 36071, in 
which DCR has filed for authority under 49 CFR 1150.31 to lease and 
operate approximately 161.59 miles of track (the Line) currently owned 
and operated by Norfolk Southern Railway Company (NSR) consisting of 
(1) a line of railroad extending between Porter, Del., at milepost DM 
14.4 and Pocomoke, Md., at milepost DM 128.19; (2) a line of railroad 
extending between Harrington, Del., at milepost IR 0.0 and Frankford, 
Del., at milepost IR 39.0; and (3) various industrial tracks.\1\
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    \1\ DCR states in its verified notice that these segments 
include the Oxford Industrial Track between mileposts VQ 0 and VQ 
0.4, the Cambridge Industrial Track between mileposts QT 0.0 and QT 
2.3, the Willards Industrial Track between mileposts MW 42.05 and MW 
45.7, the Mardella Industrial Track between mileposts MW 41.4 and MW 
42.05, the Mill Street Industrial Track between mileposts MR 0.0 and 
MR 0.6, and the Chrisfield Industrial Track between mileposts KK 0.0 
and KK 1.2. DCR notes that the parties do not intend to convey 
common carrier authority over such industrial tracks or convert such 
industrial tracks into 49 U.S.C. 10901 lines.
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    The transaction may be consummated on or after December 17, 2016, 
the effective date of the exemption.
    CEI currently controls three Class III carriers: Allegheny Valley 
Railroad Company and Southwest Pennsylvania Railroad Company, which 
operate in Pennsylvania, and Ohio Terminal Railway Company, which 
operates in Ohio.
    CEI certifies that (1) the rail lines to be operated by DCR do not 
connect with any other railroads in the CEI corporate family; (2) the 
proposed continuance in control is not part of a series of anticipated 
transactions that would connect the carriers with each other or any 
railroad in their corporate family; and (3) the transaction does not 
involve a Class I carrier. Therefore, pursuant to 49 CFR 1180.2(d)(2), 
the proposed transaction is exempt from the prior approval requirements 
of 49 U.S.C. 11323.
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under Sec. Sec.  
11324 and 11325 that involve only Class III rail carriers. Accordingly, 
the Board may not impose labor protective conditions here, because all 
of the carriers involved are Class III carriers.
    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 effectiveness of the exemption. 
Stay petitions must be filed no later than December 9, 2016 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36072, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on William A. Mullins, Baker & Miller, PLLC, 
2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: November 28, 2016.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.

Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-28949 Filed 12-1-16; 8:45 am]
 BILLING CODE 4915-01-P