DOT REPORT #8 - March, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between March 16 - 31, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: North Coast Railroad Authority--Purchase Exemption-- Southern Pacific Transportation Company CSX Transportation, Inc.--Abandonment Exemption--in Raleigh County, WV Union Pacific Railroad Company--Abandonment--Wallace Branch, ID Dakota, Minnesota & Eastern Railroad Corporation; Acquisition and Operation; Colony Segment of the Union Pacific Railroad Company, Inc. CSX Transportation, Inc.--Abandonment Exemption--In Harlan County, KY Economic Development Rail Corporation and Economic Development Rail II Corporation--Exemption--Common Control Pioneer Railcorp; Acquisition of Control Exemption; KNRECO, Inc., d/b/a/ Keokuk Junction Railway Dakota, Missouri Valley and Western Railroad, Inc.--Lease and Operation Exemption--Soo Line Railroad Company David L. Durbano--Continuance in Control Exemption--Cimarron Valley Railroad, L.C. Genesee & Wyoming, Inc.--Continuance in Control Exemption-- Illinois & Midland Railroad, Inc. Georgia & Florida Railroad Co., Inc.--Abandonment Exemption--in Mitchell and Colquitt Counties, GA Soo Line Railroad Company--Abandonment Exemption--in Stearns and Morrison Counties, MN Central Oregon and Pacific Railroad; Public Hearing H. Peter Claussen and Linda C. Claussen--Continuance in Control Exemption--Live Oak, Perry & Georgia Railroad Company, Inc. Union Pacific Railroad Company--Abandonment Exemption--in Sutter County, CA (Yuba City Branch) ======================================================================= DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32788] North Coast Railroad Authority--Purchase Exemption-- Southern Pacific Transportation Company ACTION: Notice of Exemption. SUMMARY: The Board exempts from the prior approval requirements of 49 U.S.C. 11343-45 North Coast Railroad Authority's purchase from Southern Pacific Transportation Company of 74.3 miles of rail line, known as the Willits segment, from milepost 142.5, near Outlet, CA, to milepost 68.2, at Healdsburg, CA, in Mendocino and Sonoma Counties, CA, subject to standard labor protective conditions. DATES: This exemption will be effective on March 27, 1996. Decided: March 8, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 523X)] CSX Transportation, Inc.--Abandonment Exemption--in Raleigh County, WV CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 6.23 miles of its line of railroad between milepost CAQ- 13.72 at Stotesbury and milepost CAQ-19.95 at Stone Coal Junction, in Raleigh County, WV. (A notice of exemption was served on September 21, 1991, of CSXT's abandonment of it's line segment between milepost CAQ-5.45 at Pemberton, and milepost CAQ-13.72, at Stotesbury.) CSXT has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic that formerly moved over this line is now moving via CSXT over a leased NS line parallel to this line;(3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on April 20, 1996, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Decided: March 13, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-33 (Sub-No. 70)] Union Pacific Railroad Company--Abandonment--Wallace Branch, ID ACTION: Extension of comment filing period. SUMMARY: The Rails to Trails Conservancy seeks the issuance of a certificate of interim trail use under section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d), for a 71.5-mile rail line of Union Pacific Railroad Company between milepost 16.5, near Plummer, and milepost 7.6, near Mullan, via milepost 80.4/0.0 near Wallace, in Benewah, Kootenai, and Shoshone Counties, ID. The ICC issued a notice on December 29, 1995 to request comments from all interested parties, agencies, and members of the public as to whether there is any impediment to the issuance of Trails Act authority in the unusual circumstances of this case. Comments were originally due on January 29, 1996. At the request of the Environmental and Natural Resources Division of the United States Department of Justice (DOJ), acting on behalf of the Departments of Interior and Agriculture, the Board extended the comment period for 45 days to March 14, 1996. DOJ now requests an additional 6 month period within which to file its comments in order to conduct a natural resource damages assessment. Further, DOJ states that the assessment must consider not only the environmental but also the potential human health effects of bringing recreators into the area. DOJ states that the Coeur d'Alene Tribe supports the extension and that the Union Pacific Railroad Company will not oppose it. The Rails-to-Trails Conservancy opposes any extension. While the Board supports the pursuit of negotiated resolutions, the Board does not favor granting lengthy extensions of time in established procedural schedules, especially where, as here, a prior extension has been granted. The Board will grant a 2 month extension of the comment period until May 14, 1996. DOJ is directed to report to the Board by May 1, 1996 on the status of its efforts to negotiate settlement of certain issues. DATES: The report is due by May 1, 1996 and comments are due by May 14, 1996. Decided: March 14, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32864] Dakota, Minnesota & Eastern Railroad Corporation; Acquisition and Operation; Colony Segment of the Union Pacific Railroad Company, Inc. ACTION: Notice of extension of time for filing comments. SUMMARY: Pursuant to 49 U.S.C. 10902 and section 327 of Public Law No. 104-88, the Dakota, Minnesota & Eastern Railroad Company (DME) has filed an application to acquire and operate an approximately 203-mile rail line currently owned by Union Pacific Railroad Company, Inc. (UP) located in Wyoming, South Dakota, and Nebraska, commonly referred to as the Colony Line. The Colony Line runs in a north-south direction from Colony, WY, to Crawford, NE, the majority of which is located in South Dakota. By notice served March 8, 1996, the Board invited written comments on this application by interested parties to be filed no later than March 18, 1996. Senator Tom Daschle and Congressman Tim Johnson of South Dakota have jointly requested an extension of the comment period. We will grant a 10-day extension of the comment period so that all interested persons will have a sufficient opportunity to review DME's proposal and to comment. This brief time extension will still allow us to accommodate DME's request for expedited action. Written comments must be filed no later than March 28, 1996. Decided: March 19, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 524X)] CSX Transportation, Inc.--Abandonment Exemption--In Harlan County, KY CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 3.23 miles of its line of railroad between milepost WC- 262.3 at Cumberland and milepost WC-265.53 at the end of CSXT ownership near Lynch, in Harlan County, KY CSXT has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on April 24, 1996, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Decided: March 18, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32799] Economic Development Rail Corporation and Economic Development Rail II Corporation--Exemption--Common Control Economic Development Rail Corporation (EDRC) and Economic Development Rail II Corporation (EDR-II), non-profit quasi-public entities, have jointly filed a notice of exemption for common control because both entities own active rail lines that are managed by the same group of trustees and directors. EDRC owns a rail line in and around Youngstown, OH, that is operated by the Youngstown and Austintown Railroad, and EDR-II owns a rail line in and around Warren, OH, that is operated by the Warren & Trumbull Railroad Company. Petitioners state that they neglected to file a notice of exemption for common control upon EDR-II's reactivating an abandoned rail line from CSX Transportation, Inc., in 1993. Petitioners seek to correct that omission by filing this notice of exemption. In addition, in a filing made by EDR-II in Finance Docket No. 32798 contemporaneous with the filing of this notice of exemption, EDR-II is requesting an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10902 for EDR-II to acquire certain rail lines in the Warren, OH area from Consolidated Rail Corporation (Conrail). The lines to be acquired from Conrail cross, but do not connect with lines already owned by EDR-II. Petitioners state that: (1) The rail lines owned by EDRC and EDR-II do not physically connect, (2) there are no plans to acquire or operate additional rail lines for the purpose of making a connection; and (3) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. Decided: March 20, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32877] Pioneer Railcorp; Acquisition of Control Exemption; KNRECO, Inc., d/b/a/ Keokuk Junction Railway Pioneer Railcorp. (Pioneer), a noncarrier holding company, has filed a notice of exemption to acquire a controlling interest (66.62% of the stock) of KNRECO, Inc., d/b/a Keokuk Junction Railway (KJRY) from its majority shareholder John Warfield. KJRY is a Class III common carrier railroad which owns 38 miles of track as follows: 28.4 miles of track from Keokuk to LaHarpe, Hancock County, IL, from MP 195.0 to MP 223.4; 5.1 miles of track from Hamilton to Warsaw, Hancock County, IL, from MP 222.6 to MPW 227.7 (of which 1.5 miles are actively operated from MPW 222.6 to MP 224.1) and 4.5 miles of track extending from Keokuk westward from MP 0.0 to MP 4.5 (of which 2.5 miles are actively operated from MP 0.0 to MP 2.5). Pioneer will make a tender offer to acquire the remaining stock of KJRY. The transaction was scheduled to be consummated on or after March 8, 1996. Pioneer owns and controls eight existing Class III shortline rail carriers: West Michigan Railroad Co., operating in Michigan; Fort Smith Railroad Co., operating in Arkansas; Alabama Railroad Co., operating in Alabama; Mississippi Central Railroad Co., operating in Mississippi and Tennessee; Alabama & Florida Railway Co., operating in Alabama; Decatur Junction Railway Co., operating in Illinois; Vandalia Railroad Company, operating in Illinois; and Minnesota Central Railroad Co., operating in Minnesota. Pioneer states that: (i) The railroads will not connect with each other or any railroad in their corporate family; (ii) the acquisition of control is not part of a series of anticipated transactions that would connect the nine railroads with each other or any railroad in their corporate family; and (iii) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Decided: March 20, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32825] Dakota, Missouri Valley and Western Railroad, Inc.--Lease and Operation Exemption--Soo Line Railroad Company ACTION: Notice of exemption. SUMMARY: The Board exempts from the prior approval requirements of 49 U.S.C. 11343-45 the lease and operation by Dakota, Missouri Valley and Western Railroad, Inc., of approximately 48.68 miles of rail line owned by the Soo Line Railroad Company between milepost 516.02 at Washburn, ND, and milepost 467.61 and milepost 467.06 on the legs of the wye at Max, ND. The exemption is subject to standard employee protective conditions. DATES: This exemption is effective on April 16, 1996. Decided: March 20, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 32870] David L. Durbano--Continuance in Control Exemption--Cimarron Valley Railroad, L.C. David L. Durbano (Applicant), a noncarrier, has filed a verified notice under 49 CFR 1180.2(d)(2) to continue in control of Cimarron Valley Railroad, L.C. (CVR), upon CVR's becoming a Class III rail carrier. Consummation was expected to occur on or shortly after February 23, 1996. A notice in this proceeding was previously served by the Board and published in the Federal Register on March 4, 1996. A corrected notice is being issued because the earlier notice imposed labor protective conditions that the Board may no longer impose under the Act for transactions such as this one that are the subject of notices of exemption filed after the January 1, 1996 effective date of the Act. CVR, a noncarrier, has concurrently filed a verified notice of exemption under 49 CFR 1150.31 in Cimarron Valley Railroad, L.C.-- Exemption to Acquire and Operate--Cimarron Valley and Manter Branches of The Atchison, Topeka and Santa Fe Railway Company, STB Finance Docket No. 32869, in which CVR seeks to acquire and operate 151.04 miles of the Cimarron Valley Branch rail line and 103.83 miles of the Manter Branch rail line both of which are owned by The Atchison, Topeka and Santa Fe Railroad Company. CVR's acquisition of the rail lines was expected to have been consummated on or shortly after February 23, 1996. Applicant controls four other Class III rail carriers: Wyoming and Colorado Railroad Company, Inc. (WYCO); Oregon Eastern Railroad Company, Inc. (OER); Arizona Central Railroad, Inc. (AZCR); and Southwestern Railroad Company, Inc. (SWR). The transaction is exempt from the prior approval requirements of 49 U.S.C. 11323 [formerly section 11343] because Applicant states that: (1) CVR, WYCO, OER, AZCR, and SWR will not connect with each other; (2) the continuance in control is not part of a series of anticipated transactions that would connect the railroads with each other; and (3) the transaction does not involve a Class I carrier. Decided: February 27, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 32863] Genesee & Wyoming, Inc.--Continuance in Control Exemption-- Illinois & Midland Railroad, Inc. Genesee & Wyoming, Inc. (GWI), a noncarrier, has filed a verified notice under 49 CFR 1180.2(d)(2) to continue in control of Illinois & Midland Railroad, Inc. (IMR), upon IMR's becoming a Class III rail carrier. IMR, a noncarrier, has concurrently filed a notice of exemption in Illinois & Midland Railroad, Inc.--Acquisition and Operation Exemption--Chicago & Illinois Midland Railway Company, STB Finance Docket No. 32862, in which IMR seeks to acquire and operate 98 miles of rail lines of Chicago & Illinois Midland Railway Company (CIMR), in the State of Illinois. IMR also seeks to acquire the interest of CIMR in 25.4 miles of overhead trackage rights in the State of Illinois. The transaction was to have been consummated on or about February 8, 1996. A notice in this proceeding was previously served by the Board and published in the Federal Register on March 1, 1996. A corrected notice is being issued because the earlier notice imposed labor protective conditions that the Board may no longer impose under the Act for transactions such as this one that are the subject of notices of exemption filed after the January 1, 1996 effective date of the Act. GWI also controls through stock ownership 9 other nonconnecting Class III rail carriers: Genesee & Wyoming Railroad Company; Dansville and Mount Morris Railroad Company; Rochester & Southern Railroad, Inc.; Louisiana & Delta Railroad, Inc.; Buffalo & Pittsburgh Railroad, Inc.; Bradford Industrial Rail, Inc.; Allegheny & Eastern Railroad, Inc.; Willamette & Pacific Railroad, Inc.; and GWI Switching Services. Also, GWI has in Genesee & Wyoming Industries, Inc.-- Continuance in Control Exemption--Portland & Western Railroad, Finance Docket No. 32759, a pending petition for exemption to continue in control of a connecting Class III railroad. The transaction is exempt from the prior approval requirements of 49 U.S.C. 11323 [formerly section 11343] because: (1) the railroads will not connect with each other or with any railroad in their corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect the railroads with each other or with any railroad in their corporate family; and (3) the transaction does not involve a Class I carrier. Decided: February 22, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [Docket No. AB-453 (Sub-No. 1X)] Georgia & Florida Railroad Co., Inc.--Abandonment Exemption--in Mitchell and Colquitt Counties, GA ACTION: Notice of exemption. SUMMARY: The Board, pursuant to 49 U.S.C. 10505, exempts Georgia & Florida Railroad Co., Inc. from the prior approval requirements of 49 U.S.C. 10903-04 to abandon service over 5.45 miles of rail line in Mitchell and Colquitt Counties, GA, subject to standard labor protective conditions. Specifically, the line runs 1.6 miles between mileposts 93.0 and 94.6 near Camilla, in Mitchell County, GA, and 3.85 miles between mileposts 23.25 and 27.1 near Moultrie, in Colquitt County, GA. DATES: Provided no formal expression of intent to file a financial assistance offer has been received, this exemption will be effective on April 26, 1996. Decided: March 14, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [Docket No. AB-57 (Sub-No. 36X)] Soo Line Railroad Company--Abandonment Exemption--in Stearns and Morrison Counties, MN ACTION: Notice of exemption. SUMMARY: The Board, under 49 U.S.C. 10505, exempts from the prior approval requirements of 49 U.S.C. 10903-04 the abandonment by Soo Line Railroad Company (Soo) of the remaining 60.22 miles of its Brooten Line between milepost 104.00 near Brooten and milepost 164.22 near Genola (end of line), in Stearns and Morrison Counties, MN, subject to standard labor protective conditions, environmental conditions, and a public use condition. DATES: Provided no formal expression of intent to file an offer of financial assistance has been received, this exemption will be effective on April 26, 1996. Decided: March 13, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [BS-AP-No. 3381 and BS-AP-No. 3382] Central Oregon and Pacific Railroad; Public Hearing The Central Oregon and Pacific Railroad has petitioned the Federal Railroad Administration (FRA) seeking approval of the proposed discontinuance and removal of the automatic block signal system, on the single main track, between Ashland, Oregon, milepost 429.1 and Glendale, Oregon, milepost 510.0, on the Siskiyou Line, a distance of approximately 81 miles, and between Cornutt, Oregon, milepost 538.8 and Springfield Junction, Oregon, milepost 644.3, on the Siskiyou Line, a distance of approximately 105.5 miles. These proceedings are identified as FRA Block Signal Application Numbers 3381 and 3382 respectively. FRA has issued a public notice seeking comments of interested parties and is conducting a field investigation in this matter. After examining the proposal FRA has determined that a public hearing is necessary before a final decision is made on this proposal. Accordingly, a public hearing is hereby set for 9:00 a.m. on Thursday, April 25, 1996, in the Roseburg City Hall, City Council Chambers. Issued in Washington, D.C. on March 21, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32813] H. Peter Claussen and Linda C. Claussen--Continuance in Control Exemption--Live Oak, Perry & Georgia Railroad Company, Inc. ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10505, the Board exempts from the prior approval requirements of 49 U.S.C. 11343, et seq., the continuance in control by H. Peter Claussen and Linda C. Claussen of the Live Oak, Perry & Georgia Railroad Company, Inc., subject to standard labor protective conditions. DATES: This exemption will be effective on April 28, 1996. Decided: March 13, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-33 (Sub-No. 90X)] Union Pacific Railroad Company--Abandonment Exemption--in Sutter County, CA (Yuba City Branch) ACTION: Notice of exemption and Interim Trail Use or Abandonment. SUMMARY: The Board, under 49 U.S.C. 10505, exempts from the prior approval requirements of 49 U.S.C. 10903-04 the abandonment by Union Pacific Railroad Company (UP) of a 5.20-mile portion of its Yuba City Branch extending from milepost 0.00 near Colusa Jct. to the end of the line at milepost 5.20 near Sutter, in Sutter County, CA, subject to trail use, public use, environmental, and standard labor protective conditions. DATES: Provided no formal expression of intent to file an offer of financial assistance has been received, this exemption will be effective on April 28, 1996. Decided: March 13, 1996.