|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CARLOAD EXPRESS, INC. - CONTINUANCE IN CONTROL EXEMPTION - DELMARVA CENTRAL RAILROAD COMPANY|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT CARLOAD EXPRESS, INC. FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF DELMARVA CENTRAL RAILROAD COMPANY (DCR) UPON DCR'S BECOMING A CLASS III RAIL CARRIER.|
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|Full Text of Decision|
45583 SERVICE DATE – DECEMBER 2, 2016
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 C.F.R. § 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 C.F.R. § 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.
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 C.F.R. § 1180.2(d)(2), the proposed transaction is exempt from the prior approval requirements of 49 U.S.C. § 11323.
 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.