SURFACE TRANSPORTATION BOARD DECISION DOCUMENT | |||
Decision Information | ![]() | ![]() | |
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Docket Number:   | FD_36239_0 | ![]() | ![]() |
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Case Title:   | DELMARVA CENTRAL RAILROAD COMPANY--MODIFIED RAIL CERTIFICATE | ||
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Decision Type:   | Decision | ||
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Deciding Body:   | Director Of Proceedings | ||
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Decision Summary | ![]() | ![]() | |
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Decision Notes:   | PROVIDED NOTICE THAT DELMARVA CENTRAL RAILROAD COMPANY FILED A NOTICE FOR A MODIFIED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE OVER TWO LINES OWNED BY THE DELAWARE TRANSIT CORPORATION, AN OPERATING DIVISION OF THE DELAWARE DEPARTMENT OF TRANSPORTATION. | ||
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Decision Attachments | |||
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Full Text of Decision | ![]() | ![]() | ![]() |
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46758 SERVICE DATE – FEBRUARY 11, 2019 DO FR-4915-01-P SURFACE TRANSPORTATION
BOARD [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 C.F.R. 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] DCR states that the Lewes Running Track previously was
owned by a component of the Penn Central Transportation Company (PCTC) and abandoned
pursuant to § 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 C.F.R. § 1150.24, of its intent to
discontinue rail service over the Lines in Docket No. FD 30035. 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 C.F.R. § 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 C.F.R.
§ 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, S.W., Suite
1000, Washington, DC 20024; and on the American Short Line and
Regional Railroad Association at 50 F Street, N.W., Suite 7020, Washington,
DC 20001. Board decisions and notices are
available at www.stb.gov. Decided: February 6, 2019. By the Board, Allison C. Davis, Acting Director, Office of
Proceedings. [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. [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. |