DOT REPORT #9 - April, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between April 1 - 15, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Rail Link, Incorporated; Continuance in Control Exemption; Talleyrand Terminal Railroad Company, Inc. J.P. Rail Inc., T/A Southern Railroad Company of New Jersey-- Abandonment Exemption; in Linwood, Atlantic County, NJ Chester Valley Railway, Inc.--Acquisition and Operation Exemption--Consolidated Rail Corporation John C. Nolan--Continuance in Control Exemption--Chester Valley Railway, Inc. Norfolk and Western Railway Company--Abandonment Exemption--in Pike County, KY Paducah & Louisville Railway, Inc.--Abandonment Exemption--in Muhlenberg and Hopkins Counties, KY Environmental Impact Statement on Canal Street Spine Streetcar Project Draft Environmental Impact Statement: Salt Lake County, Utah Kansas City Southern Railway Company; Construction and Operation Exemption; Geismar Industrial Area Near Gonzales and Sorrento, in Ascension Parish, LA Columbia & Northern Railway Co.--Lease and Operation Exemption-- Marion County Railroad Authority Pioneer Railcorp--Continuance in Control Exemption--Columbia & Northern Railway Co. Rochelle Railroad Co.--Lease and Operation Exemption--City of Rochelle, IL Pioneer Railcorp--Continuance in Control Exemption--Rochelle Railroad Co. Burlington Northern Railroad Company--Abandonment Exemption--in Griggs County, ND Burlington Northern Railroad Company--Abandonment Exemption--in Ramsey and Towner Counties, ND Central of Georgia Railway Company--Abandonment Exemption--in Atkinson, Berrien and Coffee Counties, GA Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 CFR Part 236 Responsive Application--Capital Metropolitan Transportation Authority Economic Development Rail II Corporation--Acquisition Exemption-- Lines of Consolidated Rail Corporation Union Pacific Corporation, Union Pacific Railroad Company and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp. and the Denver and Rio Grande Western Railroad Company CSX Transportation, Inc.--Abandonment Exemption--in Fayette County, WV ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32866] Rail Link, Incorporated; Continuance in Control Exemption; Talleyrand Terminal Railroad Company, Inc. Rail Link, Incorporated (Rail Link), has filed a verified notice under 49 CFR 1180.2(d)(2) to continue in control of the Talleyrand Terminal Railroad Company, Inc. (TTRC) upon TTRC becoming a Class III rail carrier. The transaction was to have been consummated on or after February 14, 1996. TTRC, a noncarrier, has concurrently filed a notice of exemption in which TTRC seeks to operate approximately 10 miles of rail line owned by Municipal Docks Railway in Duval County, FL. Rail Link also controls two nonconnecting Class III rail carriers: (1) The Commonwealth Railway, Incorporated and the Carolina Coastal Railway, Inc. (CCR). The transaction is exempt from the prior approval requirements of 49 U.S.C. 11323 because Rail Link states that: (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. A notice in this proceeding was previously served by the Board and published on March 8, 1996. A corrected notice is being issued because the earlier notice imposed labor protective conditions that the Board may no longer impose under the ICC Termination Act for transactions such as this one that are the subject of notices of exemption filed after the January 1, 1996 effective date of that Act. Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under sections 11324 and 11325 that involve only Class III rail carriers only, the Board, under the statute, may not impose labor protective conditions for this transaction. Decided: March 1, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-467X] J.P. Rail Inc., T/A Southern Railroad Company of New Jersey-- Abandonment Exemption; in Linwood, Atlantic County, NJ J.P. Rail Inc., T/A Southern Railroad Company of New Jersey (SRNJ) filed a notice of exemption under 49 CFR part 1152 Subpart F; Exempt Abandonments to abandon a 3.38 mile line of its rail line known as the Linwood Industrial Track, from that point on the line in Pleasantville, in the vicinity of Decatur Avenue (approximately milepost 0.31+) to the end of the line in the vicinity of Wilson Avenue and Poplar Avenue (approximately milepost 3.69+) in Linwood, Atlantic County, NJ. The verified notice of exemption was filed on March 5, 1996. SRNJ 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 May 3, 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 26, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32883] Chester Valley Railway, Inc.--Acquisition and Operation Exemption--Consolidated Rail Corporation Chester Valley Railway, Inc. (CVR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate 2.14 route miles of rail line from Consolidated Rail Corporation known as the Bridgeport Industrial Track, between the connection with the Consolidated Rail Corporation at approximately milepost 0.0 to milepost 2.14 at Henderson Road. This 2.14 mile rail line is located entirely within Bridgeport, Montgomery County, PA. The parties expect to consummate the proposed transaction on March 31, 1996. Decided: March 29, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation [STB Finance Docket No. 32884] John C. Nolan--Continuance in Control Exemption--Chester Valley Railway, Inc. John C. Nolan (Nolan), a noncarrier, has filed a notice of exemption to acquire control of the Chester Valley Railway, Inc. (CVR) through ownership of 100% of its stock, upon CVR's becoming a Class III rail carrier. Nolan controls, through stock ownership, three existing Class III rail carriers all of which are operating in Pennsylvania: Lancaster Northern Railway; Bristol Industrial Terminal Railway; and East Penn Railway. Nolan 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 four 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 29, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-290 (Sub-No. 181X)] Norfolk and Western Railway Company--Abandonment Exemption--in Pike County, KY Norfolk and Western Railway Company (NW) filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 1.25 miles of its line of railroad between milepost MN-0.95 at Nampa and milepost MN-2.20 at Pounding Mill, in Pike County, KY. NW has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted; (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 May 5, 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 28, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-468X] Paducah & Louisville Railway, Inc.--Abandonment Exemption--in Muhlenberg and Hopkins Counties, KY Paducah & Louisville Railway, Inc. (P&L) filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 12.70 miles of its line of railroad between milepost J- 133.3 at Greenville and milepost J-146.0 at White Plains, in Muhlenberg and Hopkins Counties, KY. P&L has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted; (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 May 5, 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 28, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration Environmental Impact Statement on Canal Street Spine Streetcar Project ACTION: Notice of intent to prepare an environmental impact statement. SUMMARY: The Federal Transit Administration (FTA) and the Regional Transit Authority (RTA) intend to prepare an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) for transportation improvements in the Canal Street Corridor within the City of New Orleans, Louisiana. The Locally Preferred Alternative (the Proposed Action) for transportation improvements consists of the construction of a streetcar rail route in the neutral ground (median) of Canal Street extending from the Riverfront streetcar line to City Park Avenue with a connection along Carrollton and Orleans Avenues to City Park and Delgado Community College. SUPPLEMENTARY INFORMATION: Description of Study Areas and Project Need The Canal Street Corridor is delineated by the area bounded by and including the abutting properties from the intersection of City Park Avenue and the I-10 to Canal Boulevard to the Norfolk Southern Railroad right-of-way to the Bayou St. John to St. Ann Street to Decatur Street to Elysian Fields Avenue to the Mississippi River to Poydras Street to the I-10 to the intersection with City Park Avenue. This corridor contains several of the City's oldest and most famous neighborhoods, some of which are listed on the National Register of Historic Places. The neighborhoods in the study area include Mid-City, Treme, the French Quarter, Faubourg Marigny, the Warehouse District, the Central Business District (CBD), and the New Orleans Regional Medical Center. The RTA, in cooperation with the FTA, is undertaking the Canal Street Spine Streetcar Project as part of an overall plan to upgrade and expand transit ridership and services in the New Orleans Metropolitan Area. The project is needed to improve local commuting access along the Canal Street Corridor and into the New Orleans CBD. Other transportation goals include increasing transit system ridership and operating efficiency, while reducing conflicts between transit vehicles and passenger cars. Alternatives Transportation improvements proposed for consideration in the Canal Street Corridor EIS include the No Build Alternative and the Proposed Action. The No Build Alternative consists of a continuation of the current five bus lines operating in the Canal Street Corridor. Issues to be evaluated under the No Build Alternative include elimination of underutilized stops and modification of traffic signals to incorporate priority control. The Proposed Action consists of re-occupation of the traditional street rail corridor in the neutral ground (median) of Canal Street from the foot of Canal Street (connection to the Riverfront Line) to City Park Avenue. It also includes a spur line that would depart from the Canal Spine at Carrollton Avenue, travel along Carrollton to Orleans Avenue, and follow Orleans across City Park Avenue to a terminus in Marconi Boulevard near the entrances to City Park and Delgado Community College at Victory Drive. Service will begin at the Esplanade station on the Riverfront Line and proceed along the existing Riverfront Line to the foot of Canal Street. From the foot of Canal, service will proceed in the Canal Street neutral ground (median) to the terminus at City Park Avenue or the Marconi Boulevard terminus. The entire route, consisting of double-tracked rail, is approximately 5.6 miles (9.0 km) in length. In addition, the Proposed Action will include the construction of a maintenance facility for daily service, inspection, and storage of the Canal Street Spine and Riverfront streetcar fleet (SIS Barn). Preliminary screening of locations has identified three potential locations for the SIS Barn: (1) and (2) Lafitte Avenue Sites I and II, located within the rail corridor bounded by St. Louis Street, Lafitte Avenue, North Claiborne Avenue, and North Dorgenois Street; and (3) Jefferson Davis/Tulane Site, bounded by Tulane Avenue, South Jefferson Davis Parkway, Julia Street, South Genois Street, and South Clark Street. All existing facilities have also been considered. Issued on: April 3, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration Draft Environmental Impact Statement: Salt Lake County, Utah ACTION: Notice of public scoping meeting. SUMMARY: The Federal Transit Administration (FTA) is issuing this notice to advise the public that a scoping meeting will be held on Thursday, May 9, 1996 in Salt Lake City, Utah. This meeting will occur as part of the preparation of a Draft Environmental Impact Statement (DEIS) for proposed transportation improvements in the corridor from the University of Utah, through downtown Salt Lake City, to the Salt Lake City International Airport in Salt Lake County, Utah. SUPPLEMENTARY INFORMATION: The study will consider no-build, transportation system management, and build alternatives. A multimodal evaluation of transportation improvements in the corridor will be the focus of the study, with both transit and highway improvements such as traffic management strategies being considered. Among the transit alternatives to be studied are light-rail transit and express bus service on high-occupancy vehicle lanes. Issued on: April 1, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32530] Kansas City Southern Railway Company; Construction and Operation Exemption; Geismar Industrial Area Near Gonzales and Sorrento, in Ascension Parish, LA ACTION: Notice of final scope of study for environmental impact statement. SUMMARY: This notice announces the final scope of study prepared in response to written comments, as well as oral comments given at a public meeting, for the environmental impact statement to be prepared for the above proceeding. SUPPLEMENTARY INFORMATION: The Kansas City Southern Railway Co. (KCS) has filed a petition for exemption with the Board seeking authority to construct and operate an 8.8-mile line of railroad from the KCS mainline near Sorrento to the Geismar Industrial area in Ascension Parish, Louisiana. We believe that if the Board approves the construction and operation, this action would constitute a major Federal action having the potential to significantly affect the quality of the human environment. Therefore, we will prepare an environmental impact statement (EIS). A notice of intent to prepare an EIS and to hold a public scoping meeting for this proceeding was published on October 30, 1995. The notice requested comments in writing or orally at a public scoping meeting that was held in Gonzales, Louisiana on November 30, 1995. Over 100 parties provided comments and/or attended the scoping meeting. In accordance with the Board's environmental rules at 49 CFR 1105, the final scope of study is summarized below. SUMMARY OF THE SCOPE OF STUDY: Construction and operation activities may significantly affect the environment in the project area. Based on the comments and our initial evaluation, the proposed construction and operation may result in a number of environmental impacts. These impacts may include: Land Use Impacts Socioeconomic Impacts from Physical Environmental Changes Impacts to Water Resources Impacts to Biological Resources Transportation and Safety Impacts Energy Impacts Air Quality Impacts Noise and Vibration Impacts Impacts to Historic and Cultural Resources Impacts to Recreational Resources ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32887] Columbia & Northern Railway Co.--Lease and Operation Exemption-- Marion County Railroad Authority Columbia & Northern Railway Co. (C&N), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease and operate approximately 28.78 miles of rail line owned by the Marion County Railroad Authority from milepost 94 at Columbia, Marion County, MS, to milepost 121.14 at Silver Creek, Lawrence County, MS. The parties intend to consummate the proposed transaction on or about April 15, 1996. Decided: April 3, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32886] Pioneer Railcorp--Continuance in Control Exemption--Columbia & Northern Railway Co. Pioneer Railcorp. (Pioneer), a noncarrier holding company, has filed a notice of exemption to continue in control of Columbia & Northern Railway Co. (C&N), upon C&N's becoming a Class III rail carrier. The transaction is scheduled to be consummated on April 15, 1996. Pioneer owns and controls nine 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; Minnesota Central Railroad Co., operating in Minnesota; and KNRECO, Inc., d/b/a/ Keokuk Junction Railway, operating in Iowa and Illinois. 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 ten 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: April 3, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32889] Rochelle Railroad Co.--Lease and Operation Exemption--City of Rochelle, IL Rochelle Railroad Co. (RR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease and operate approximately 2.06 miles of rail line (The Line) owned by the City of Rochelle, IL, from a connection with the Union Pacific Railroad Company's main line (at a point approximately 1,200 feet north and east of The Line's crossing of Creston Road) in a south and east direction to a point immediately north of Interstate 88. This 2.06-mile rail line is located entirely within Rochelle, Ogle County, IL. The parties intend to consumate the proposed transaction on or about April 15, 1996. Decided: April 4, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32890] Pioneer Railcorp--Continuance in Control Exemption--Rochelle Railroad Co. Pioneer Railcorp. (Pioneer), a noncarrier holding company, has filed a notice of exemption to continue in control of Rochelle Railroad Co. (RR), upon RR's becoming a Class III rail carrier. The transaction is scheduled to be consummated on April 15, 1996. Pioneer owns and controls ten 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; Minnesota Central Railroad Co., operating in Minnesota; KNRECO, Inc., d/b/a/ Keokuk Junction Railway, operating in Iowa and Illinois; and Columbia & Northern Railway Co., which is scheduled to begin operating in Mississippi on April 15, 1996. 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 eleven 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: April 4, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-6 (Sub-No. 373X)] Burlington Northern Railroad Company--Abandonment Exemption--in Griggs County, ND Burlington Northern Railroad Company (BN) filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 25.09 miles of its line of railroad between milepost 26.19 near Hannaford and milepost 51.19 near Binford including the stations of Shepard at milepost 32.5, Cooperstown at milepost 36.5, and Binford at milepost 51.0, in Griggs County, ND. BN has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic to be rerouted from 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 May 10, 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: April 2, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-6 (Sub-No. 372X)] Burlington Northern Railroad Company--Abandonment Exemption--in Ramsey and Towner Counties, ND Burlington Northern Railroad Company (BN) filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 65.70 miles of its line of railroad between milepost 0.90 near Devils Lake and milepost 66.60 near Hansboro, including the stations of Webster at milepost 11.8, Garske at milepost 17.0, Starkweather at milepost 23.4, St. Joe at milepost 28.7, Olmstead at MP-39.4, Crocus at MP-46.0, Rock Lake at milepost 53.0 and Hansboro at milepost 66.0, in Ramsey and Towner Counties, ND. BN has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic to be rerouted from 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 May 10, 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: April 2, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-290 (Sub-No. 170X)] Central of Georgia Railway Company--Abandonment Exemption--in Atkinson, Berrien and Coffee Counties, GA ACTION: Notice of exemption. SUMMARY: The Board, pursuant to 49 U.S.C. 10505, exempts Central of Georgia Railway Company from the prior approval requirements of 49 U.S.C. 10903-04 to abandon service over 35.8 miles of rail line known as the Nashville-Douglas Branch Line, extending between milepost GF- 57.2 at or near Nashville, GA, and milepost GF-93.0 at or near Douglas, GA, in Atkinson, Berrien and Coffee Counties, GA. The exemption is subject to environmental, public use, trail use, and standard labor protective conditions. DATES: Provided no formal expression of intent to file a financial assistance offer has been received, this exemption will be effective on April 10, 1996. Decided: March 22, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 CFR Part 236 Pursuant to Title 49 CFR Part 235 and 49 U.S.C. App. 26, the following railroads have petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of the signal system or relief from the requirements of Title 49 CFR Part 236 as detailed below. Block Signal Application (BS-AP)-No. 3388 Applicant: CSX Transportation, Incorporated CSX Transportation, Incorporated seeks approval of the proposed discontinuance and removal of the automatic block signal system, on the two main tracks and siding, between milepost BC-126.2 and milepost BC- 125.4, near Mitchell, Indiana, Louisville Division, Indiana Subdivision; consisting of the discontinuance and removal of automatic signals 126.2, 126.3, 126.3B, 126.3C, 125.4, 125.4B, and 125.3, associated with the removal of two hand-operated crossovers switches. The reason given for the proposed changes is to improve operations and increase efficiency. BS-AP-No. 3389 Applicant: Consolidated Rail Corporation Consolidated Rail Corporation seeks approval of the proposed modification of the traffic control signal system, on the single Delaware Main track, between milepost 111.1 and milepost 117.1, near Delaware, Ohio, on the Columbus Line, Indianapolis Division; consisting of the discontinuance and removal of ``CP 114'' and associated holding signals, discontinuance and removal of intermediate signals 1124, 1125, 1151, and 1152, and installation of back to back intermediate signals 114E and 114W at milepost 114.0. The reason given for the proposed changes is improve efficiency of operations by the elimination of facilities no longer needed for present traffic levels. BS-AP-No. 3390 Applicant: Consolidated Rail Corporation Consolidated Rail Corporation (Conrail) seeks approval of the proposed discontinuance and removal of the traffic control signal system, on the single main track, between ``CP 59'', milepost 58.8, Lockport, New York, and ``CP 69'', milepost 69.6, Wheatfield, New York, also on the Tuscarora Wye track, between ``CP 69'', milepost 69.6 and ``CP 21'', milepost 22.0, Niagara, New York, on the Lockport and Niagara Branches, Albany Division, including the following: 1. Discontinuance and removal of all associated signals and electrically locked switches from the Lockport Branch and Tuscarora Wye Track; 2. Retirement of ``CP 59'' and ``CP 69'' interlockings, converting all power-operated switches to hand-operation, normally lined for turnout; 3. Redesignation of the single main track from milepost 58.8 to ``CP 21'' as the Lockport Secondary, with train operations governed by ``Form D'' control system and DCS stations installed at mileposts 58.8, 60.2, 67.2, and 69.7; and 4. Redesignation of the single main track between milepost 69.7 and ``CP 22'' as the Niagara Running Track under control of the Conrail Dispatcher in Selkirk, New York. The reason given for the proposed changes is to retire facilities no longer needed for present operations. BS-AP-No. 3391 Applicant: Bangor and Aroostook Railroad Company The Bangor and Aroostook Railroad Company seeks approval of the proposed discontinuance and removal of the signal system between milepost 101.70 and milepost 103.2, and between milepost 104.82 and milepost 107.5, near Millinocket, Maine. The reason given for the proposed changes is to retire facilities no longer needed for present operations. BS-AP-No. 3392 Applicant: CSX Transportation, Incorporated CSX Transportation, Incorporated seeks approval of the proposed modification of NC Cabin Interlocking, milepost CA521, Ashland, Kentucky, C&O Business Unit, Kanawha Subdivision; consisting of the conversion of power-operated switch No. 159 to hand operation. The reason given for the proposed change is due to a derailment on 2-25-96 and determination that a power-operated switch is no longer needed at this location. BS-AP-No. 3393 Applicant: The New Orleans Public Belt Railroad The New Orleans Public Belt Railroad seeks approval of the proposed discontinuance and removal of 15 signals (No.'s 48, 47, 46, 45, 40, 39, 38, 37, 33, 2, 14, 16, 18, 20, and 22) on the two Running tracks, between Lampert Junction, milepost J.O.2 and East Bridge Junction, milepost J.3.0, in New Orleans, Louisiana . The reasons given for the proposed changes are that the Running Track and rail crossings have been removed, traffic pattern have changed, and traffic has been significantly reduced. BS-AP-No. 3394 Applicant: Montana Rail Link, Incorporated The Montana Rail Link, Incorporated seeks approval of the proposed modification of the traffic control signal system, on the single main track and siding, between Livingston, milepost 116.1 and East Bozeman, milepost 138.6, Montana, on the Second Subdivision. The proposed changes include the discontinuance and removal of 12 automatic intermediate signals, discontinuance and removal of 4 holding signals, removal of the signal control circuits for the tunnel doors at milepost 128.0, installation of 8 automatic intermediate signals, and installation of electronic coded track circuits associated with pole line elimination. The reasons given for the proposed changes are to upgrade the signal system, improve train operations, increase braking distances, and the four holding signals and tunnel doors at Bozeman are no longer needed. BS-AP-No. 3395 Applicant: Consolidated Rail Corporation Consolidated Rail Corporation seeks approval of the proposed discontinuance and removal of the traffic control signal system, on the single main track, between ``CP Shale'', milepost 42.7 and milepost 54.4, Bayard, Ohio; and the discontinuance and removal of the automatic block signal system, on the two main tracks, between ``CP Shale'', milepost 42.7 and ``CP River'', milepost 26.5, near Yellow River, Ohio, Cleveland Line, Pittsburgh Division. The proposed changes include the following: 1. Removal of the No. 2 main track between ``CP Shale'' and ``CP River''; 2. Retention of ``CP Shale'' and ``CP River'' interlockings; 3. Extension of the Form D control system (DCS) eastward from Bayard to ``CP River''; and 4. Installation of DCS stations and spring switches at mileposts 28.65 and milepost 40.4, and DCS station only at milepost 34.0. The reason given for the proposed changes is to retire facilities no longer needed for present operations. Issued in Washington, D.C. on April 8, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32760 (Sub-No. 10)] Responsive Application--Capital Metropolitan Transportation Authority [Finance Docket No. 32760 (Sub-No. 11)] Responsive Application--Montana Rail Link, Inc. [Finance Docket No. 32760 (Sub-No. 12)] Responsive Application--Entergy Services, Inc., Arkansas Power & Light Company, and Gulf States Utility Company [Finance Docket No. 32760 (Sub-No. 13)] Responsive Application--The Texas Mexican Railway Company [Finance Docket No. 32760 (Sub-No. 14)] Application for Terminal Trackage Rights Over Lines of the Houston Belt & Terminal Railway Company--The Texas Mexican Railway Company [Finance Docket No. 32760 (Sub-No. 15)] Responsive Application--Cen-Tex Rail Link, Ltd./South Orient Railroad Company, Ltd. [Finance Docket No. 32760 (Sub-No. 16)] Responsive Application--Wisconsin Electric Power Company [Finance Docket No. 32760 (Sub-No. 17)] Responsive Application--Magma Copper Company, The Magma Arizona Railroad Company, and the San Manuel Arizona Railroad Company ACTION: Decision No. 29; notice of acceptance of responsive applications. SUMMARY: The Board is accepting for consideration the responsive applications filed by Capital Metropolitan Transportation Authority (CMTA) in Finance Docket No. 32760 (Sub-No. 10); Montana Rail Link, Inc. (MRL) in Finance Docket No. 32760 (Sub-No. 11); Entergy Services, Inc. (ESI), Arkansas Power & Light Co. (AP&L), and Gulf States Utilities Co. (GSU) (collectively, Entergy) in Finance Docket No. 32760 (Sub-No. 12); The Texas Mexican Railway Company (Tex Mex) in Finance Docket No. 32760 (Sub-No. 13), including Tex Mex's application for terminal trackage rights over lines of the Houston Belt & Terminal Railway Co. in Finance Docket No. 32760 (Sub-No. 14); Wisconsin Electric Power Company (WEPCO) in Finance Docket No. 32760 (Sub-No. 16); and Magma Copper Company, The Magma Arizona Railroad Company (MAA), and the San Manuel Arizona Railroad Company (SMA) (collectively, Magma) in Finance Docket No. 32760 (Sub-No. 17). The Board is not accepting for consideration the responsive application filed by Cen-Tex Rail Link, Ltd./South Orient Railroad Company, Ltd. (Cen-Tex/South Orient) in Finance Docket No. 32760 (Sub-No. 15). These responsive applications are responsive to the primary application filed November 30, 1995, by Union Pacific Corporation (UPC), Union Pacific Railroad Company (UPRR), Missouri Pacific Railroad Company (MPRR), Southern Pacific Rail Corporation (SPR), Southern Pacific Transportation Company (SPT), St. Louis Southwestern Railway Company (SSW), SPCSL Corp. (SPCSL), and The Denver and Rio Grande Western Railroad Company (DRGW). (UPRR and MPRR are referred to collectively as UP. SPT, SSW, SPCSL, and DRGW are referred to collectively as SP.) The Alameda Historic Complex (Alameda) filed a pleading on March 29, 1996, titled as a responsive application for trackage rights and other specified conditions. Because Alameda did not file a description of an anticipated responsive application by the January 29, 1996 deadline, and because it has not complied with the procedures for filing applications found at 49 CFR 1180, we will treat Alameda's pleading as comments on the primary application. LSBC Holdings, Inc. (LSBC), which filed a timely notice and description of inconsistent/responsive application, filed its LSBC-3 pleading on March 29, 1996, titled as a proposed inconsistent and responsive application. LSBC explains that, at this time, it is ``unable to file a Responsive Application worthy of review by the STB.'' We will treat LSBC's pleading as comments on the primary application. DATES: The effective date of this decision is April 12, 1996. Comments regarding any responsive application must be filed with the Board by April 29, 1996. Rebuttal in support of these responsive applications must be filed with the Board by May 14, 1996. Briefs (not to exceed 50 pages) must be filed with the Board by June 3, 1996. SUPPLEMENTARY INFORMATION: In the primary application filed with the Interstate Commerce Commission (ICC) on November 30, 1995, primary applicants UPC, UPRR, MPRR, SPR, SPT, SSW, SPCSL, and DRGW seek approval and authorization under 49 U.S.C. 11343-45 (as effective prior to January 1, 1996) for: (1) the acquisition of control of SPR by UP Acquisition Corporation (Acquisition), an indirect wholly owned subsidiary of UPC; (2) the merger of SPR into UPRR; and (3) the resulting common control of UP and SP by UPC. In Decision No. 9 (served December 27, 1995), the ICC accepted the primary application for consideration, and directed that all responsive applications be filed by March 29, 1996. The ICC Termination Act of 1995(ICCTA), which was enacted on December 29, 1995, and took effect on January 1, 1996, abolished the ICC but transferred certain of its functions and certain proceedings then pending before it to the Board. We issue this decision in accordance with the ICCTA section 204(b)(1) transition rule, which provides that proceedings pending before the ICC at the time of its termination that involve functions transferred to the Board shall be decided by the Board under the law in effect prior to January 1, 1996. The Finance Docket No. 32760 proceeding, which was pending with the ICC at the time of its termination, involves functions transferred to the Board under 49 U.S.C. 11323-26 (as effective on and after January 1, 1996). In Finance Docket No. 32760 (Sub-No. 10), CMTA seeks, on behalf of an unnamed rail carrier unaffiliated with applicants, trackage rights over what will be, if the Board approves the proposed merger, the UP/SP track between McNeil and Kerr, TX, with interchange rights with the Burlington Northern Railroad Company and The Atchison, Topeka, and Santa Fe Railway Company (collectively, BN/Santa Fe) at either McNeil or Kerr. CMTA further requests that we direct applicants to cooperate with CMTA to arrive at a mutually acceptable accommodation of CMTA's planned passenger rail service through the McNeil interchange, and that we retain jurisdiction over this issue in the event CMTA and the merged railroad are unable to reach agreement. In Finance Docket No. 32760 (Sub-No. 11), MRL seeks authority to acquire rail lines, incidental trackage rights, interchange access, and proportional ratemaking authority to SP stations in California and Oregon to mitigate alleged loss of competition in the central route from Northern California to Kansas City, MO, resulting from the proposed merger. MRL seeks to have a to-be-formed entity (the ``Acquisition Company'') purchase the following lines: (1) the UP lines in California from Stockton, through Sacramento to Marysville, along with the contiguous branch lines to Read and Sutter, north through Keddie to Flanigan, NV, including the UP branch line from Reno Junction south to Reno, NV, and the branch south from Hawley to Loyalton, CA; (2) the SP line running north from Flanigan to Alturas, CA, then northwest to Klamath Falls, OR (the ``Modoc Line''); (3) the line from Flanigan east via the UP route to Winnemucca, NV, then east to Wells, NV, and Ogden, UT, via the SP route; (4) from Ogden, all of the DRGW lines, and their contiguous branches to Salt Lake City, UT, and down to Provo, UT, and east on the DRGW to Denver, CO, including the branches to Potash, Sunnyside, Clear Creek, Copperton, and Garfield, UT; (5) all of the DRGW lines in Colorado, from the Utah border east to Dotsero, including the branches to Montrose, Oliver, and Woody Creek, and at Dotsero, the lines northeast to Denver and southeast to Pueblo (the ``Tennessee Pass''), including branches to Craig and Energy Fuels via Steamboat Springs; (6) the DRGW line between Denver and Pueblo, extending south of Pueblo to Antonito, CO, including the branch line to Creede, CO, and the DRGW's rights, if any, to Trinidad, CO; (7) east of Pueblo, the rights and ownership of the former MPRR line between Pueblo and Herington, KS; (8) SP's ownership in and access to the Kansas City Terminal; and (9) the UP line from Silver Bow, MT, to Pocatello, ID, and the contiguous branches to Arco, Aberdeen, and Gay, ID. MRL seeks approval for the Acquisition Company to acquire all the railroad rolling stock and equipment owned and leased by UP/SP, including locomotives, cars, cabooses and equipment, roadway maintenance equipment and other vehicles currently used to perform service on the subject lines. MRL seeks approval for the Acquisition Company to acquire trackage rights over the following lines: (1) overhead rights on the UP line from Pocatello to Ogden; (2) overhead rights on the UP from Lindsborg, KS, to Salina, KS, and from Salina to Solomon, KS, with access to a direct interchange with Kyle Railways at Solomon; (3) local trackage rights on the SSW between Herington, KS, and Topeka, KS; (4) overhead trackage rights on UP between Topeka and Kansas City; (5) SP's rights on BN/Santa Fe between Topeka and Kansas City. MRL seeks, on behalf of the Acquisition Company, full access to interchange with connecting carriers, including shortlines, at all common points. Finally, MRL seeks for Acquisition Company the right to quote rates to and from SP stations in California and Oregon for traffic moving, respectively, via Stockton, CA, and Klamath Falls, OR. In Finance Docket No. 32760 (Sub-No. 12), Entergy seeks the following trackage rights: (1) Overhead trackage rights on behalf of BN/Santa Fe or some other rail carrier unaffiliated with applicants over SSW's lines between Pine Bluff, AR, and Memphis, TN, with the right to transport loaded and empty trains of coal to and from AP&L's coal-fired, electric generating facilities known as the White Bluff Steam Electric Station near Redfield, AR (White Bluff) upon construction of a spur build-out from the White Bluff power plant to a connection with SP at Pine Bluff; and (2) overhead trackage rights on behalf of BN/Santa Fe or some other rail carrier unaffiliated with applicants over SP's line between Beaumont, TX, and a point of connection with the Southern Gulf Railway Company (SGR) near Lake Charles, LA, with the right to transport loaded and empty trains of coal to and from GSU's coal-fired, electric generating facilities known as the Roy S. Nelson Generating Station near Mossville, LA, upon completion of construction of SGR's rail line between the connection with SP and the Nelson power plant. In Finance Docket No. 32760 (Sub-No. 13), Tex Mex seeks trackage rights over lines from Robstown and Corpus Christi, TX, to Houston, TX, to a connection with the Kansas City Southern Railway Company (KCS) at Beaumont, TX. Tex Mex seeks rights over those lines to permit it to carry overhead traffic and to serve all local shippers currently capable of receiving service from both UP and SP, directly or through reciprocal switching, with full rights to interchange traffic with UP, SP, and any other railroad at any interchange point on such lines. Tex Mex requests trackage rights over the following main lines: (1) the UP line between Robstown and Placedo, TX; (2) the UP line between Corpus Christi and Odem, TX, via Savage Lane to Viola Yard on the UP; (3) the SP line from Placedo to Victoria, TX; (4) the SP line between Victoria and Flatonia, TX; (5) the SP line between Flatonia and West Junction, TX; (6) in the alternative, the UP line from Gulf Coast Junction, TX, through Settegast Junction, TX, to Amelia, TX (UP main line option), or the SP line from Tower 87 to Amelia, TX (SP main line option); and (7) the joint UP/SP line from Amelia to Beaumont, TX, and the connection with KCS at the Neches River Draw Bridge in Beaumont. Tex Mex requests trackage rights in Houston over the following SP lines: (1) the line from West Junction through Bellaire Junction to Eureka at milepost 5.37 (Chaney Junction, TX); (2) the SP line from milepost 5.37 to milepost 360.7 near Tower 26 via the Houston Passenger station; (3) the SP line from milepost 5.37 to milepost 360.7 near Tower 26 via the Hardy Street yard; (4) if the UP main line option is used, the SP line from milepost 360.7 near Tower 26 to the connection with the Houston Belt & Terminal Railway Company (HB&T) at Quitman Street near milepost 1.5; (5) if the SP main line option is used, the SP line from Tower 26 through Tower 87 to the SP main line to Amelia; and (6) the SP line from West Junction to the connection with the Port Terminal Railway Association (PTRA) at Katy Neck, TX, by way of Pierce Junction. Tex Mex requests the right to use the following yard and other terminal facilities of SP, UP, and HB&T: (1) SP's Glidden (TX) Yard; (2) interchanges with PTRA at the North Yard, Manchester Yard, and Pasadena Yard in Houston, TX; and (3) interchanges with HB&T at HB&T's New South Yard. Tex Mex will seek the right to construct two improved connections, at Robstown and Flatonia. Tex Mex requests the Board to condition any approval of the merger on granting Tex Mex the trackage rights at the same compensation provided for in the settlement agreement applicants reached with BN/Santa Fe, except that Tex Mex requests that the compensation level for its trackage rights operations be subject to quarterly adjustments for changes in railroad productivity. In Finance Docket No. 32760 (Sub-No. 14), Tex Mex seeks certain terminal trackage rights, contingent upon the grant of the conditions sought in Finance Docket No. 32760 (Sub-No. 13). It requests an order pursuant to 49 U.S.C. 11103 permitting Tex Mex to use the following segments of HB&T terminal trackage in Houston, TX: (1) the HB&T line from the Quitman Street connection with SP to the HB&T's connection with UP at Gulf Coast Junction; and (2) the HB&T line from its connection with the SP at T. & N.O. Junction (Tower 81) to HB&T's connection with UP at Settegast Junction. In Finance Docket No. 32760 (Sub-No. 15), Cen-Tex/South Orient seeks trackage rights in Texas, and the elimination of minimum payments and passenger restrictions on trackage rights over SP track from Alpine Junction, TX, to Paisano Junction, TX. Specifically, Cen-Tex/South Orient seeks trackage rights over: (1) UPRR's Fort Worth line from Tower 55 to the UP Fort Worth connection with Railtran's line; (2) the UPRR Dallas connection with Railtran's line to the C.J. Yard in Dallas; (3) the SP line from Sulphur Springs, TX, to the KCS connection in Texarkana, TX/AR. In Finance Docket No. 32760 (Sub-No. 16), WEPCO seeks a grant of overhead trackage rights on behalf of Wisconsin Central (WC) or Canadian Pacific-Soo Line (CP/Soo) over the following UP rail lines: (1) between Chicago, IL, Milwaukee, WI, and Cleveland, WI, on the one hand, and on the other, WEPCO's Oak Creek Power Plant at Oak Creek, WI; (2) between the Oak Creek Power Plant and Cudahy Shop, Inc., a railcar repair facility located at Cudahy, WI; and (3) in the terminal areas of Chicago, IL, and Milwaukee, WI, as may be necessary or desirable to implement the operations described above. In Finance Docket No. 32760 (Sub-No. 17), Magma, and its wholly owned subsidiaries, MAA and SMA, seek overhead trackage rights over the lines operated by SP between Magma, AZ, and Phoenix and Nogales, AZ, for the MAA, and between Hayden, AZ (via the Copper Basin Railway Company (CBRY), a switching carrier for the SP operating between Hayden and Magma), and Phoenix and Nogales for the SMA. The responsive applications filed by CMTA, MRL, Entergy, Tex Mex, WEPCO, and Magma substantially comply with the applicable regulations, and therefore are being accepted for consideration by the Board. The responsive application filed by Cen-Tex/South Orient does not comply with the applicable regulations. The application contains virtually none of the information required by 49 CFR 1180 for responsive applications, such as supporting information (49 CFR 1180.6), market analyses (49 CFR 1180.7), operational data (49 CFR 1180.8), and financial information (49 CFR 1180.9). Because Cen- Tex/South Orient's responsive application is incomplete, it is being rejected by the Board. Cen-Tex/South Orient did not, on or before the January 29, 1996 deadline, file a petition for waiver or clarification to have its responsive application designated a minor transaction. However, even if it had successfully done so, it has not filed the information necessary to support even a responsive application for a minor transaction. The responsive applications in Finance Docket No. 32760 (Sub-Nos. 10, 11, 12, 13, 14, 16, and 17) are consolidated for disposition with the primary application in Finance Docket No. 32760 (and all embraced proceedings). Service of an initial decision will be waived, and determination of the merits of these responsive applications will be made in the first instance by the Board itself. See 49 U.S.C. 11345(f) (as effective prior to January 1, 1996). Decided: April 5, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32798] Economic Development Rail II Corporation--Acquisition Exemption-- Lines of Consolidated Rail Corporation ACTION: Notice of exemption. SUMMARY: The Board, under 49 U.S.C. 10502, exempts from the prior approval requirements of 49 U.S.C. 10902, the acquisition of a 5-mile line of railroad in Warren Township and Holland Township, Trumbull County, OH, by Economic Development Rail II Corporation, a Class III railroad. DATES: The exemption will be effective May 15, 1996. Decided: April 9, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32760] Union Pacific Corporation, Union Pacific Railroad Company and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp. and the Denver and Rio Grande Western Railroad Company The Surface Transportation Board (Board) announces its release of an Environmental Assessment (EA) that addresses potential environmental impacts associated with the merger proposal filed by the Union Pacific Railroad Corporation and its subsidiaries (collectively, ``UP'') and the Southern Pacific Rail Corporation and its subsidiaries (collectively, ``SP'') in Finance Docket No. 32760. The EA was prepared by the Board's Section of Environmental Analysis (SEA). In conducting its environmental review, SEA assessed the potential environmental impacts which could result from three types of merger-related actions: -- Traffic changes on rail line segments, at rail yards and at intermodal facilities. -- Rail line segment abandonments. -- Rail line construction on new rights-of-way. Environmental impacts associated with these actions include safety, transportation, air quality, noise, historic resources, biological resources, water resources, and hazardous materials. Specifically, the EA examined 72 rail line segments in 19 states, 26 rail yards in 10 states, 16 intermodal facilities in 8 states, 17 rail abandonments in 8 states, and 25 new rail line construction projects in 8 states. Appropriate mitigation measures were developed to address particular areas of environmental concern. Based on its independent analysis, available information, and the recommended mitigation, SEA concludes that the proposed merger and related abandonments and construction activities would not result in significant environmental impacts. Therefore, the environmental impact statement process is not necessary. Date made available to the public: April 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 525X)] CSX Transportation, Inc.--Abandonment Exemption--in Fayette County, WV CSX Transportation, Inc. (CSXT) filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 2.6 miles of its line of railroad between milepost CAW- 2.0 at Siltex 1 (near Mount Hope) and milepost CAW-4.6 at the end of the track near Siltex 2, in Fayette County, WV. 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 May 15, 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: April 5, 1996.