DOT REPORT #10 - April, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between April 16 - 30, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Petition for a Waiver of Compliance CSX Transportation, Inc.--Abandonment Exemption--in Bell County, KY Fox Valley & Western Ltd.--Abandonment Exemption--in Manitowoc and Brown Counties, WI Tongue River Railroad Company--Construction and Operation of an Additional Rail Line From Ashland to Decker, in Rosebud and Big Horn Counties, Montana Burlington Northern Railroad Company--Abandonment Exemption--in Saline County, NE Petition for Waiver of Compliance Petition for Exemption or Waiver of Compliance Wisconsin and Southern Railroad Company--Purchase Exemption-- Union Pacific Railroad Company Consolidated Rail Corporation--Abandonment Exemption--in Erie County, NY Central Railroad Company of Indiana--Trackage Rights Exemption-- CSX Transportation, Inc. Central of Tennessee Railway & Navigation Company Incorporated d/ b/a The Longhorn Railway Company--Change of Operator Exemption--The City of Austin, TX Jacksonville Port Authority; Adverse Discontinuance; In Duval County, FL Burlington Northern Railroad Company--Abandonment Exemption--in Thayer County, NE Ashley, Drew & Northern Railway Company; Abandonment Exemption; in Ashley and Drew Counties, AR Consolidated Rail Corporation--Abandonment--in Union County, NJ The Indiana & Ohio Rail Passenger Corporation--Acquisition by Trackage Rights and Operation Exemption--Cincinnati Terminal Railway Corp., Indiana and Ohio Railroad Company, Indiana & Ohio Railway Company, Inc., and Indiana & Ohio Central Railroad Company, Inc. The Indiana & Ohio Rail Passenger Corporation--Trackage Rights Exemption--Cincinnati Terminal Railway Corp., Indiana and Ohio Railroad Company, Indiana & Ohio Railway Company, Inc., and Indiana & Ohio Central Railroad Company, Inc. ======================================================================= DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for a Waiver of Compliance In accordance with 49 CFR Sections 211.9 and 211.41, notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance with certain requirements of Federal railroad safety regulations. The individual petitions are described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested and the petitioner's arguments in favor of relief. Texas North Western Railway Company (TXNW) FRA Waiver Petition Docket No. HS-93-11 The TXNW seeks a continuation of a previously issued exemption so it may permit certain employees to remain on duty not more than 16 hours in any 24-hour period. The TXNW states that it is not its intention to employ a train crew over 12 hours per day under normal circumstances, but this exemption, if granted, would help its operation if unusual operating conditions are encountered. The TXNW railroad operates 32 main track miles between Etter and Morse, Texas. Train movements are authorized by yard limit rule. The maximum authorized operating speed is 20 mph. The TXNW performs interchange with Atchison, Topeka and Santa Fe (ATSF) at Etter and Machanee, Texas. The petitioner asserts it employs not more than 15 employees and has demonstrated good cause for granting this exemption. Texas, Gonzales and Northern Railroad (TXGN) Hours of Service Waiver Petition HS-93-24 The TXGN seeks a continuation of a previously issued exemption so it may permit certain employees to remain on duty not more than 16 hours in any 24-hour period. The TXGN states that it is not its intention to employ a train crew over 12 hours per day under normal circumstances, but this exemption, if granted, would help its operation if unusual operating conditions are encountered. The TXGN railroad operates 12.3 miles between Gonzales and Harwood, Texas on excepted track, (yard tracks 1 and 2 at Harwood, are class 1). Train movements are authorized by the yard limit rule. The maximum authorized operating speed is 10 mph. The TXGN performs interchange with the Southern Pacific Railroad at Harwood. Texas Parks and Wildlife Department (TPWX) Hours of Service Waiver Petition HS-95-18 The TPWX seeks an exemption from the requirements of certain provisions of the hours of service regulations (49 CFR Part 228). The TPWX is a state run historical park railroad that operates excursion trains over 25 miles of standard gauge track, and occasionally operates work trains for the movie industry. Issued in Washington, D.C. on April 11, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-55 (Sub-No. 517X)] CSX Transportation, Inc.--Abandonment Exemption--in Bell County, KY 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 CSX Transportation, Inc., of its 5.22-mile Yellow Creek Branch between milepost WE-208.39 at Ponza and milepost WE-213.61 at Amru in Bell County, KY, subject to standard labor protective conditions. DATES: Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective May 16, 1996. Decided: April 5, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-402 (Sub-No. 4X)] Fox Valley & Western Ltd.--Abandonment Exemption--in Manitowoc and Brown Counties, WI Fox Valley & Western Ltd.(FVW) -- a subsidiary of Wisconsin Central Transportation Corporation -- filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 14.0 miles of its line of railroad between milepost 83.5 in Rockwood and milepost 97.5 in Denmark, in Manitowoc and Brown Counties, WI. FVW 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 16, 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 8, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 30186 (Sub No. 2)] Tongue River Railroad Company--Construction and Operation of an Additional Rail Line From Ashland to Decker, in Rosebud and Big Horn Counties, Montana The Tongue River Railroad Company (TRRC) applied to the Interstate Commerce Commission (ICC), now the Surface Transportation Board (Board), for authority to construct and operate a 41-mile rail line from a point south of Ashland, MT to a point near Decker, MT. The ICC's Section of Environmental Analysis (SEA) began the environmental analysis of this proposal, considering the potential environmental impacts associated with TRRC's preferred route, the Four Mile Creek Alternative, and a ``no build'' alternative. SEA completed a Draft Environmental Impact Statement (served July 17, 1992) and a Supplemental Draft Environmental Impact Statement (served March 17, 1994). The Board's SEA has now completed the environmental review process, and its conclusions are discussed in the Final Environmental Impact Statement (FEIS). SEA concludes that the Four Mile Creek Alternative would be environmentally preferable to the TRRC preferred route if the Board grants TRRC's proposal, because it would avoid the environmentally sensitive Tongue River Canyon. With the recommended mitigation, construction and operation of that route should meet applicant's project goals of providing more efficient service to coal shippers in this area, without having an unduly severe impact on the environment. The ``no build'' alternative, while environmentally benign, would not meet those objectives. Date made available to the public: April 11, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-6 (Sub-No. 376X)] Burlington Northern Railroad Company--Abandonment Exemption--in Saline County, NE Burlington Northern Railroad Company (BN) filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 22.91 miles of its line of railroad between milepost 0.33 near DeWitt and milepost 23.26 near Tobias, including the stations of Swanton at milepost 8.3, and Western at milepost 15.6 in Saline County, NE. 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 21, 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 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Title 49 CFR 211.9 and 211.41, notice is hereby given that the Federal Railroad Administration (FRA) has received a waiver request from Long Island Railroad (LIRR)--in addition to the previously announced CSX Transportation (CSXT), Burlington Northern Santa Fe, New York Air Brake Corporation (NYAB), and National Railroad Passenger Corporation (Amtrak) requests--for a waiver of compliance with a requirement of Federal rail safety standards. The petitions are described below, including the regulatory provisions involved and the nature of the relief being requested; Long Island Railroad (LIRR); CSX Transportation (CSXT); Burlington Northern Santa Fe (BNSF); New York Air Brake Corporation (NYAB); and National Railroad Passenger Corporation (Amtrak) Waiver Petition Docket Number H-95-3 The LIRR, CSXT, BNSF, NYAB and Amtrak individually seek temporary waivers of compliance with Section 229.29 of the Locomotive Safety Regulations (Title 49 CFR Part 229). Because these petitions apply to the same type of brake equipment and for the same time interval, FRA is combining them under Docket Number H-95-3. Section 229.29 stipulates that all brake valves must be cleaned, tested and inspected every 736 calendar days. On January 29, 1985, FRA published a notice granting approval for the 26-L type air brake equipment to be cleaned, inspected and tested every 1104 calendar days. The petition requests that the CCB brake valves be maintained on a 5- year test interval. Issued in Washington, DC on April 16, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Petition for Exemption or Waiver of Compliance In accordance with 49 CFR 211.9 and 211.41, notice is hereby given that the Federal Railroad Administration (FRA) has received requests for waivers of compliance with a requirement of its safety standards. The individual petitions are described below, including the party seeking relief, the regulatory provisions involved, and the nature of the relief being requested. Yolo Shortline Railroad (RSGM-95-17) The Yolo Shortline Railroad (YSLR) seeks a permanent waiver of compliance with the Safety Glazing Standards [49 CFR Part 223.9(a), certified glazing] for its ALCO locomotive, Number YSLR 101, built in 1949. YSLR is a Class III shortline railroad located in Woodland, California (near Sacramento). The railroad states that this locomotive is planned to be used primarily for operating passenger excursions, in a rural farming land, and performing light freight switching. For historical purposes, the use of this locomotive on the YSLR trackage will be consistent with the type of locomotives that Western Pacific used during its ownership of the trackage. No vandalism has been reported. Radar Rail Car (Waiver Petition Docket Number RSGM-95-18) Radar Rail Car seeks a permanent waiver of compliance with the Safety Glazing Standards [49 CFR Part 223.9(c), minimum of four emergency opening windows per passenger car] for eight deluxe sleeper cars. The manufacturer states that the cars are to be used by the Phillip Morris Corporation as a marketing promotion. The configuration of the sleepers consists of 15 deluxe bedrooms. Instead of four emergency opening windows, each of the bedrooms will have an emergency exit, permitting evacuation in the event of an incident. Due to the size and weight of the windows (approximately 250 pounds), the exits are designed to be a panel adjacent to the window. The exit panel will be removable by means of a ``zip strip.'' Issued in Washington, DC on April 16, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32792] Wisconsin and Southern Railroad Company--Purchase Exemption-- Union Pacific Railroad Company ACTION: Notice of exemption. SUMMARY: The Board, under 49 U.S.C. 10505, exempts from the prior approval requirements of 49 U.S.C. 11343, et seq., the purchase by Wisconsin and Southern Railroad Company (WSOR) of 1.4 miles of railroad line between milepost 19.1 and milepost 20.5 at Ripon, WI, from the Union Pacific Railroad Company. The exemption is granted subject to standard labor protective conditions. DATES: This exemption is effective on May 22, 1996. Decided: April 5, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1160X)] Consolidated Rail Corporation--Abandonment Exemption--in Erie County, NY Consolidated Rail Corporation (Conrail) filed a notice of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon a 1.76 mile portion of its Erie Running Track between milepost 5.54 and milepost 7.30, and a portion of its Black Rock Industrial Track between milepost 392.80 and milepost 393.67 in the City of Buffalo, Erie County, NY. The portion of the Black Rock Industrial Track parallels and shares a common right-of-way with the portion of the Erie Running Track. Conrail 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 22, 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 15, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32902] Central Railroad Company of Indiana--Trackage Rights Exemption-- CSX Transportation, Inc. Central Railroad Company of Indiana (CIND) has filed a verified notice under 49 CFR 1180.2(d)(7) to acquire trackage rights from the CSX Transportation, Inc. (CSXT) from connection with CIND on CSXT's connection track T-1415 (D)(1) at Ownership Point (O.P.) 1+53 at North Bend, OH, near CSXT's milepost B.C.15 and CSXT's connection with CIND on CSXT's connection track T-2 at O.P. 1144+96.2 at Lawrenceburg, IN near CSXT's milepost 22, a distance of approximately 7 miles. The purpose of the transaction is to reroute overhead traffic for CIND's Lawrenceburg, IN customers via CSXT, in order that CIND may abandon its own 2.3 miles of right-of-way from railroad milepost 22.4 near Lawrenceburg Junction (about 0.4 miles north of the intersection of Route 50 and Route 1 in Greendale) to railroad milepost 24.7 near Dearborn Junction (at the CIND/CSXT connection south of the former Pierson-Hollowell site in Lawrenceburg), in Dearborn County, IN. By Board decision served April 5, 1996, the effective date of the abandonment exemption was postponed until April 30, 1996. The trackage rights transaction is expected to be consummated immediately after conveyance of the abandoned right of way for construction of a public highway. Decided: April 16, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32885 (Sub- No. 1)] Central of Tennessee Railway & Navigation Company Incorporated d/ b/a The Longhorn Railway Company--Change of Operator Exemption--The City of Austin, TX 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 operation by Central of Tennessee Railway & Navigation Company Incorporated doing business as The Longhorn Railway Company (CTRN) of a rail line owned by the City of Austin, TX (the City) and currently operated by Austin Railroad Company d/b/a Austin & Northwestern Railroad (AUNW). The line extends between AUNW milepost 00.00, west of Giddings, and AUNW milepost 154.07, at Llano, including the Marble Falls Branch (6.43 miles), the Scobee Spur (3.3 miles), and the Burnet Spur (0.93 mile), for approximately 162 miles, in Bastrop, Burnet, Lee, Llano, Travis and Williamson Counties, TX. Before 1986, the Southern Pacific Transportation Company (SP) owned and operated the line from Giddings to Austin (the Giddings Branch) and the connecting line from Austin to Llano, TX (the Llano Branch). SP also owned and operated a line extending off of the Llano Branch at Fairland, TX, to Marble Falls, TX (the Marble Falls Branch). In 1986, the City purchased the Giddings, Llano and Marble Falls Branches from SP. Subsequently, the City was exempted from the requirements of 49 U.S.C. Subtitle IV, with respect to the acquisition which, among other things, relieved the City of any common carrier obligation that it would incur upon consummation of the transaction. DATES: This exemption is effective on May 3, 1996. Decided: April 16, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-469] Jacksonville Port Authority; Adverse Discontinuance; In Duval County, FL ACTION: Exemption from statutory provisions concerning giving of notice of an application and filing of a system diagram map. SUMMARY: Under 49 U.S.C. 10502, the Board is exempting the Jacksonville Port Authority from the requirements that it post and publish notice of its application and certify that it has done so, and that it file with the Board a system diagram map identifying and describing the subject line. The Board is granting an exemption because the application is being filed by a party other than the carrier whose operations are the object of the discontinuance. DATES: The exemption will take effect on April 23, 1996. SUPPLEMENTARY INFORMATION: The Jacksonville Port Authority (JPA) has filed an application seeking a determination by the Board that the public convenience and necessity require or permit the discontinuance of service by Jaxport Terminal Railway Company (JTRC) over approximately 10 miles of terminal switching tracks that JPA owns and that connect its Talleyrand Marine Dock and Terminal Facilities in Jacksonville, FL, with the tracks of line-haul carriers. The fact that the application has been filed by a party other than the carrier whose operations are the subject of the discontinuance has led JPA to seek a waiver of the requirement that it post and publish notice of its application. Also, JPA is unable to require JTRC to file a system diagram map (SDM). Accordingly, JPA seeks exemption from the provisions of 49 U.S.C. 10903(a)(3) (B), (C), and (E), which require, respectively posting of a copy of a notice of the application in terminals and stations, publishing a copy of the notice in newspapers for specified periods, and certifying that it has satisfied these requirements. JPA also seeks exemption from the provisions of 49 U.S.C. 10903(c), which require carriers to submit to the Board an SDM identifying each line for which the carrier plans to file a discontinuance application. The Board is granting the exemption, finding that compliance with the statute is not required to carry out the rail transportation policy of 49 U.S.C. 10101, the matter is of limited scope, and strict adherence to the statutory requirements is not needed to protect shippers from the abuse of market power. The Board is also granting JPA a waiver of certain regulatory requirements relating to (1) the submission of service, financial and environmental information and (2) the notice and SDM matters discussed above. Additional information is contained in the Board's decision, in which the Board also declined to institute an investigation into the proposed discontinuance. Decided: April 16, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-6 (Sub-No. 377X)] Burlington Northern Railroad Company--Abandonment Exemption--in Thayer County, NE Burlington Northern Railroad Company (BN) filed a notice of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon 12.15 miles of its line of railroad between milepost 24.00 near Bruning and milepost 32.20 near Hebron, including the station of Hebron at milepost 26.2, in Thayer County, NE. 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 23, 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 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-455X] Ashley, Drew & Northern Railway Company; Abandonment Exemption; in Ashley and Drew Counties, AR 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 Ashley, Drew & Northern Railway Company of its entire line between milepost 0 at Crossett and milepost 40.5 at Monticello, in Ashley and Drew Counties, AR, subject to an environmental condition. The abandonment of a segment of the line is further conditioned upon the receipt of Board authority for the discontinuance of trackage rights over that segment. DATES: Provided no formal expression of intent to file an offer of financial assistance has been received, this exemption will be effective on May 24, 1996. Decided: April 9, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1159)] Consolidated Rail Corporation--Abandonment--in Union County, NJ The Board has issued a certificate authorizing Consolidated Rail Corporation (Conrail) to abandon its 1.03-mile Sound Shore Industrial Track from milepost 0.29 to milepost 1.32, in Linden, Union County, NJ. The abandonment was granted subject to standard employee protective conditions. The abandonment certificate will become effective 30 days after this publication unless the Board finds that a financially responsible person has offered financial assistance (through subsidy or purchase) to enable rail service to be continued. Decided: April 23, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32893] The Indiana & Ohio Rail Passenger Corporation--Acquisition by Trackage Rights and Operation Exemption--Cincinnati Terminal Railway Corp., Indiana and Ohio Railroad Company, Indiana & Ohio Railway Company, Inc., and Indiana & Ohio Central Railroad Company, Inc. The Indiana & Ohio Rail Passenger Corporation (IORP), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire, and operate over, trackage rights from the Cincinnati Terminal Railway Corp., the Indiana and Ohio Railroad Company, the Indiana & Ohio Railway Company, Inc., and the Indiana & Ohio Central Railroad Company, Inc. The trackage over which IORP's operations will be conducted are: (1) With Cincinnati Terminal Railway Corp., from MP 0.4 in Cincinnati, OH, to MP 16.4 at Evendale, OH, for a total of 16 miles; (2) with Indiana and Ohio Railroad Company, from MP 17.75 at Valley Junction, OH, to MP 43.90 at Brookville, IN, for a total of approximately 26.2 miles; (3) with Indiana & Ohio Railway Company, Inc., from (a) MP 5.9 near Monroe, OH, to MP 12.0 near Hageman, OH, (b) MP 31.1 near Hageman, OH, to MP 36.9 at South Mason, OH, (c) MP 27.7 at Lebanon, OH, to MP 31.1 near Hageman, OH, and (d) MP 39.76 at Brecon, OH, to MP 50.5 at Norwood, OH, for a total of approximately 26 miles; and (4) with Indiana & Ohio Central Railroad Company, Inc., from (a) MP 44.96 at Midland City, OH, to MP 74.45 near Thrifton, OH, (b) MP 9.1 near Columbus, OH, to MP 52.56 near Logan, OH, (c) MP 202.7 at Springfield, OH, to MP 228.83 at Fayne, OH, (d) MP 129.4 near Bell, OH, to MP 130.1 near Springfield, OH, (e) MP 0.0 near Bell, OH, to MP 17.2, near Mechanicsburg, OH, and (f) MP 98.8 at Bellfontaine, OH, to MP 129.4 at Bell, OH, for a total of approximately 147.6 miles. The purpose of the transaction is to provide rail passenger service in the States of Indiana and Ohio. The parties intended to consummate the proposed transaction on or after April 12, 1996. Decided: April 23, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 32894] The Indiana & Ohio Rail Passenger Corporation--Trackage Rights Exemption--Cincinnati Terminal Railway Corp., Indiana and Ohio Railroad Company, Indiana & Ohio Railway Company, Inc., and Indiana & Ohio Central Railroad Company, Inc. The Indiana & Ohio Rail Passenger Corporation (IORP) has filed a verified notice under 49 CFR 1180.2(d)(7) and has entered into agreements for local and overhead trackage rights with Cincinnati Terminal Railway Corp., the Indiana and Ohio Railroad Company, the Indiana & Ohio Railway Company, Inc., and the Indiana & Ohio Central Railroad Company, Inc. The trackage over which IORP's operations will be conducted are: (1) with Cincinnati Terminal Railway Corp., from MP 0.4 in Cincinnati, OH, to MP 16.4 at Evendale, OH, for a total of 16 miles; (2) with Indiana and Ohio Railroad Company, from MP 17.75 at Valley Junction, OH, to MP 43.90 at Brookville, IN, for a total of approximately 26.2 miles; (3) with Indiana & Ohio Railway Company, Inc., from (a) MP 5.9 near Monroe, OH, to MP 12.0 near Hageman, OH, (b) MP 31.1 near Hageman, OH, to MP 36.9 at South Mason, OH, (c) MP 27.7 at Lebanon, OH, to MP 31.1 near Hageman, OH, and (d) MP 39.76 at Brecon, OH, to MP 50.5 at Norwood, OH, for a total of approximately 26 miles; and (4) with Indiana & Ohio Central Railroad Company, Inc., from (a) MP 44.96 at Midland City, OH, to MP 74.45 near Thrifton, OH, (b) MP 9.1 near Columbus, OH, to MP 52.56 near Logan, OH, (c) MP 202.7 at Springfield, OH, to MP 228.83 at Fayne, OH, (d) MP 129.4 near Bell, OH, to MP 130.1 near Springfield, OH, (e) MP 0.0 near Bell, OH, to MP 17.2, near Mechanicsburg, OH, and (f) MP 98.8 at Bellfontaine, OH, to MP 129.4 at Bell, OH, for a total of approximately 147.6 miles. The purpose of the transaction is to provide rail passenger service via trackage rights in the States of Indiana and Ohio. The transaction was expected to be consummated on or about April 12, 1996. Because the related filing in STB Finance Docket No. 32893 for an exemption from 10901 under 49 CFR 1150.31, includes acquisition of trackage rights by noncarriers, a separate notice of exemption for trackage rights in STB Finance Docket No. 32894 might be unnecessary unless one or more of the trackage rights transactions will occur after another of the transactions, in which case IORP will have already become a carrier and thus require exemption under section 1180.2(d)(7). 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. Because this transaction involves Class III rail carriers only, the Board, under the statute, may not impose labor protective conditions for this transaction. Decided: April 23, 1996.