[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: 94-21764] [[Page Unknown]] [Federal Register: September 2, 1994] ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Finance Docket No. 325351] Delaware Valley Railway Co., Inc., Modified Rail Certificate On June 17, 1994, as amended or supplemented July 5, July 22, and August 18, 1994, Delaware Valley Railway Company, Inc. (Delaware), filed a notice for a modified certificate of public convenience and necessity under 49 CFR Part 1150, Subpart C, to operate approximately 53.82 miles of rail line as follows: (1) 17.32 miles of rail extending between milepost 12.7 at the Delaware/Pennsylvania line and milepost 30.02 at Modena, PA, owned by the Pennsylvania Department of Transportation (PennDOT); and (2) 36.50 miles of rail extending between milepost 18.0 at Wawa, PA, and milepost 54.50 at Sylmar, MD, owned by the South Eastern Pennsylvania Transportation Authority (SEPTA). \1\This proceeding embraces Octoraro Railway, Inc.--Acquisition and Operation Exemption--Certain Rail Line of Southeastern Pennsylvania Transportation Authority, Finance Docket No. 31254 (ICC served Oct. 26, 1988) (Octoraro Acquisition). It is also related to the following simultaneously filed proceedings: Certificate of Designated Operator, Delaware Valley Railway Company, D-OP 59 (USRA Line No. 907/939); and RailAmerica, Inc.--Continuance in Control Exemption--Delaware Valley Railway Company, Inc., Finance Docket No. 32534. --------------------------------------------------------------------------- Delaware states that it planned to commence operations on July 1, 1994, the day after Octoraro Railway, Inc. (Octoraro), the current operator, was to terminate service.2 \2\Octoraro operated the lines under the authority issued in Certificate of Designated Operator, Octoraro Railway, Inc., D-OP 10 (USRA Line No. 907/939-RDG) (ICC served Feb. 22, 1977), and Octoraro Railway, Inc.--Operation--Over Southeastern Pennsylvania Transportation Authority Between Wawa, PA and Colora, MD, in Delaware and Chester Counties, PA and Cecil County County, MD, Finance Docket No. 28334 (ICC served Oct. 25, 1978, and May 22, 1979) (Octoraro Operation). --------------------------------------------------------------------------- The lines were not included in the final system plan at the time the Consolidated Rail Corporation was formed, and, as such, were authorized to be abandoned without further Commission approval pursuant to the Railroad Revitalization and Regulatory Reform Act of 1976, Pub. L. 94-210. PennDOT acquired its line segment (a portion of USRA line 907/939) from the Trustees of the Reading Railroad, and SEPTA acquired its line segment (a portion of USRA line 142) from the Trustees of the Penn Central Transportation Company, after the respective lines were abandoned in 1976.3 \3\Issuance of this modified certificate was delayed because the Commission's records indicate that Octoraro, and not SEPTA, is the owner of the 36.50-mile segment of USRA Line 142 extending between Wawa and Sylmar. See Octoraro Acquisition, where Chester County, PA (Chester), was to acquire the line segment from SEPTA, and simultaneously sell it to Octoraro in a series of transactions that were to be consummated on or about October 5, 1988. In clarification, SEPTA and Chester, on August 18, 1994, jointly filed a verified statement declaring that the acquisition transaction in Finance Docket No. 31254 was never consummated. They affirm that SEPTA continues to own the 36.50-mile line. Octoraro apparently continued to operate the 36.50-mile line segment under the operating exemption previously granted in Octoraro Operation. Although Octoraro apparently has ceased operations, it has not sought discontinuance authority. Consequently, Octoraro retains its common carrier obligation to provide freight service between Wawa and Colora, MD, under Finance Docket No. 28334. To be relieved of that obligation, it must file a discontinuance application under 49 U.S.C. 10903 and 10904 or seek an exemption under 49 U.S.C. 10505. This decision results in both Delaware and Octoraro being authorized to operate the line between Wawa and Sylmar. This should not be a problem because the evidence of record indicates that future operations will be conducted by only one carrier. See New Hampshire Central Railroad, Inc., Modified Rail Certificate, Finance Docket No. 32309 (ICC served July 15, 1993). --------------------------------------------------------------------------- The Commission will serve a copy of this notice on the Association of American Railroads (Car Service Division), as agent of all railroads subscribing to the car-service and car-hire agreement, and on the American Short Line Railroad Association. Decided: August 26, 1994. By the Commission, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Acting Secretary. [FR Doc. 94-21764 Filed 9-1-94; 8:45 am] BILLING CODE 7035-01-P