[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Page 3272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01815]



[Docket No. FD 36239]

Delmarva Central Railroad Company--Modified Rail Certificate

    On November 21, 2018, Delmarva Central Railroad Company (DCR), a 
Class III rail carrier,\1\ filed a notice for a modified certificate of 
public convenience and necessity under 49 CFR pt. 1150 subpart C--
Modified Certificate of Public Convenience and Necessity, to operate 
over two lines (together, the Lines) owned by the Delaware Transit 
Corporation, an operating division of the Delaware Department of 
Transportation (the State). The first line is approximately 6.75 miles 
in length and is located between milepost 24.42 at Georgetown, Del., 
and milepost 31.17 at Harbeson, Del. (Lewes Running Track). The second 
line is approximately 4.92 miles in length and is located between 
milepost 0.00 at Ellendale, Del., and milepost 4.92 at Milton, Del. 
(Milton Industrial Track).\2\

    \1\ DCR operates approximately 177 miles of rail line on the 
Delmarva Peninsula in Delaware, Maryland, and Virginia. See Delmarva 
Cent. R.R.--Change in Operator Exemption--Cassatt Mgmt., LLC, FD 
36196 (STB served June 4, 2018); Delmarva Cent. R.R.--Lease & 
Operation Exemption with Interchange Commitment--Norfolk S. Ry., FD 
36071 (STB served Dec. 2, 2016).
    \2\ DCR states that outer extensions of the Lewes Running Track 
and the Milton Industrial Track that were previously served by prior 
operators pursuant to modified certificates are no longer active and 
are not included in its notice for a modified certificate.

    DCR states that the Lewes Running Track previously was owned by a 
component of the Penn Central Transportation Company (PCTC) and 
abandoned pursuant to section 304 of the Regional Rail Reorganization 
Act of 1973, 45 U.S.C. 744. According to DCR, the Milton Industrial 
Track also was owned by PCTC but was transferred to Consolidated Rail 
Corporation (Conrail), which subsequently abandoned it as authorized in 
Conrail Abandonment Between Ellendale & Milton, Del., AB 167 (Sub-No. 
188N) (ICC served Mar. 26, 1982).\3\ DCR indicates that the State 
acquired the Lines after they were abandoned, and it contracted with 
Delaware Coast Line Railroad Company (DCLR) to operate them under a 
modified certificate of public convenience and necessity. See Del. 
Coast Line R.R.--Modified Rail Certificate, FD 30035 (ICC served Sept. 
22, 1982). On November 13, 2018, DCLR filed notice, pursuant to 49 CFR 
1150.24, of its intent to discontinue rail service over the Lines in 
Docket No. FD 30035.

    \3\ In its notice, DCR indicates that the Interstate Commerce 
Commission served the abandonment authorization on April 21, 1982 
and August 4, 1982; however, it appears that abandonment 
authorization was first served on March 26, 1982.

    On May 25, 2018, DCR and the State signed an operating agreement, 
which authorizes DCR to provide service on the Lines from January 1, 
2019, to December 31, 2023, with one five-year renewal option. DCR's 
notice includes a copy of the operating agreement. (See Notice Ex. B.)
    According to DCR, the sole interline connections for the Lines are 
with DCR, at Georgetown for the Lewes Running Track and at Ellendale 
for the Milton Industrial Track. DCR states that it intends to provide 
rail service on the Lines up to five days per week.
    The Lines qualify for a modified certificate of public convenience 
and necessity. See Common Carrier Status of States, State Agencies & 
Instrumentalities & Political Subdivisions, FD 28990F (ICC served July 
16, 1981); 49 CFR 1150.22.
    DCR states that no subsidy is involved and there are no 
preconditions that shippers must meet to receive rail service and 
provides information regarding the nature and extent of its liability 
insurance coverage. See 49 CFR 1150.23(b)(4)-(5).
    This notice will be served on the Association of American Railroads 
(Car Service Division), as agent for all railroads subscribing to the 
car-service and car-hire agreement, at 425 Third Street SW, Suite 1000, 
Washington, DC 20024; and on the American Short Line and Regional 
Railroad Association at 50 F Street NW, Suite 7020, Washington, DC 
    Board decisions and notices are available at www.stb.gov.

    Decided: February 6, 2019.
    By the Board, Allison C. Davis, Acting Director, Office of 
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2019-01815 Filed 2-8-19; 8:45 am]