DOT REPORT #14 - June, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between June 16 - 30, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Norfolk Southern Railway Company--Abandonment Exemption--in Claiborne and Campbell Counties, TN The Locomotive Preservation & Operating Group, Inc., d/b/a The Sheffield Station Junction Railway--Lease and Operation Exemption-- Armco Asset Management Missouri Pacific Railroad Company--Abandonment Exemption--in Henry County, MO & Missouri and Northern Arkansas Railroad-- Discontinuance of Service Exemption--in Henry County, MO Bangor & Aroostook Railroad Company--Abandonment Exemption-- in Aroostook County, ME Bangor & Aroostook Railroad Company--Abandonment Exemption--in Aroostook County, ME Bangor & Aroostook Railroad Company--Abandonment Exemption--in Aroostook County, ME Consolidated Rail Corporation--Abandonment Exemption--in Monroe County, NY Richard J. Corman, Control Exemption, Clearfield & Mahoning Railway Company R.J. Corman Railroad Company/Pennsylvania Lines Inc.; Lease Exemption; Clearfield & Mahoning Railway Company Genesee & Wyoming Inc., Continuance in Control Exemption, Pittsburg & Shawmut Railroad, Inc. 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. RailTex, Inc.; Control Exemption; Indiana & Ohio Rail Corp. CSX Transportation, Inc.; Abandonment Exemption; in Bradenton, Manatee County, FL Consolidated Rail Corporation--Trackage Rights Exemption--Grand Trunk Western Railroad, Inc. CSX Transportation, Inc.--Abandonment Exemption--in Osceola County, FL Southeastern International Corporation--Abandonment Exemption--in Jefferson and Chambers Counties, TX The A&G Railroad, L.L.C.--Merger--The Bay Line Railroad, L.L.C.-- Corporate Family Transaction Exemption K. Earl Durden--Acquisition of Control Exemption-- Rail Partners, L.P., Et Al. R.J. Corman Railroad Company/Western Ohio Line--Modified Rail Certificate--Between Lima and Glenmore, OH Western Kentucky Railway, L.L.C.--Abandonment--Between Blackford and Princeton, KY Consolidated Rail Corporation--Abandonment Exemption--in Vermilion and Champaign Counties, IL ========================================================================= DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-290 (Sub-No. 182X)] Norfolk Southern Railway Company--Abandonment Exemption--in Claiborne and Campbell Counties, TN Norfolk Southern Railway Company (NS) filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 14.3 miles of its line of railroad between milepost O.O-TC at Arco Junction and milepost 14.3-TC at Arco, in Claiborne and Campbell Counties, TN. NS 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 July 17, 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: June 11, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32960] The Locomotive Preservation & Operating Group, Inc., d/b/a The Sheffield Station Junction Railway--Lease and Operation Exemption-- Armco Asset Management The Locomotive Preservation & Operating Group, Inc., doing business as The Sheffield Station Junction Railway, a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease and operate approximately 20 miles of rail lines located within the Sheffield Station Industrial Park, Kansas City, MO, and owned by Armco Asset Management, a unit of Armco, Inc. The proposed transaction was to be consummated on the date of final agreement of the parties, but not sooner than May 27, 1996 (the effective date of the exemption). Decided: June 11, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-3 (Sub-No. 135X)] Missouri Pacific Railroad Company--Abandonment Exemption--in Henry County, MO [STB Docket No. 456 (Sub-No. 2X)] Missouri and Northern Arkansas Railroad--Discontinuance of Service Exemption--in Henry County, MO Missouri Pacific Railroad Company (MP) and Missouri and Northern Arkansas Railroad (MNA) have filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances for MP to abandon and MNA to discontinue service over approximately 2.65 miles of the FPE Spur-North Clinton Line (portion of the Clinton Branch) from milepost 262.6 at the end of the line near FPE Spur to milepost 265.25 near North Clinton, in Henry County, MO. The Board vacated a shorter segment previously sought in a joint exemption filed by MP and MNA, See STB Docket No. AB-3--Sub-No. 128X, (ICC served Feb. 6, 1996). MP and MNA certify 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 July 19, 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: June 11, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-77 (Sub-No. 8X)] Bangor & Aroostook Railroad Company--Abandonment Exemption-- in Aroostook County, ME Bangor & Aroostook Railroad Company (Applicant) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 16.20 mile portion of its St. Francis Branch between a point at Fort Kent, milepost R-0.40, and the end of the branch at St. Francis, milepost R-16.60, in Aroostook County, ME. Applicant 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 July 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: June 11, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-77 (Sub-No. 9X)] Bangor & Aroostook Railroad Company--Abandonment Exemption--in Aroostook County, ME Bangor & Aroostook Railroad Company (Applicant) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 0.64 mile portion of its Van Buren Branch between milepost V- 24.10, and the end of the branch at milepost V-24.74, within the Town of Van Buren in Aroostook County, ME. Applicant 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 July 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: June 11, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-77 (Sub-No. 7X)] Bangor & Aroostook Railroad Company--Abandonment Exemption--in Aroostook County, ME Bangor & Aroostook Railroad Company (Applicant) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 6.48 mile portion of its Washburn Branch between a point at Mapleton, milepost W-0.30, and the end of the branch at Washburn at a point just south of the Aroostook River, milepost W-6.78, in Aroostook County, ME. Applicant 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 July 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: June 11, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1162X)] Consolidated Rail Corporation--Abandonment Exemption--in Monroe County, NY Consolidated Rail Corporation (Conrail) filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 8.50 miles of its line of railroad from approximately milepost 0.10 to approximately milepost 7.20 (Rochester Running Track) and from approximately milepost 92.90 to approximately milepost 94.10 (Ontario Industrial Track) in Monroe County, NY. Conrail 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 July 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: June 11, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32854] Richard J. Corman, Control Exemption, Clearfield & Mahoning Railway Company ACTION: Notice of Exemption. SUMMARY: Under 49 U.S.C. 10502, Richard J. Corman (Corman), an individual, is exempted from the prior approval requirements of 49 U.S.C. 11323-25 to acquire a controlling stock interest in the Clearfield & Mahoning Railway Company (C&M), a Class III rail carrier. Corman also controls through stock ownership five other Class III rail carriers as follows: R. J. Corman Railroad Company/Pennsylvania Lines Inc. (RJCP); R. J. Corman Railroad Corporation; R. J. Corman Railroad Company/Memphis Line; R. J. Corman Railroad Company/Western Ohio Line; and R. J. Corman Railroad Company/Cleveland Line. DATES: This exemption will be effective July 21, 1996. Decided: June 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32861] R.J. Corman Railroad Company/Pennsylvania Lines Inc.; Lease Exemption; Clearfield & Mahoning Railway Company ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the lease by R.J. Corman Railroad Company/Pennsylvania Lines Inc. of 8.4 miles of rail line of the Clearfield & Mahoning Railway Company (C&M) between milepost 17.4 at East Bickford and milepost 25.8 at Clearfield, in Clearfield County, PA, is exempted from the prior approval requirements of 49 U.S.C. 11323-25. DATES: This exemption will be effective July 21, 1996. Decided: June 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32904] Genesee & Wyoming Inc., Continuance in Control Exemption, Pittsburg & Shawmut Railroad, Inc. ACTION: Notice of Exemption. SUMMARY: The Board under 49 U.S.C. 10502 exempts from the prior approval requirements of 49 U.S.C. 11323, et seq., the continuance in control by Genesee & Wyoming, Inc. (GWI) of the Pittsburg & Shawmut Railroad, Inc. (P&S). GWI presently controls 10 Class III rail carriers located in six states. P&S was authorized to acquire lines owned by the Arthur T. Walker Estate Corporation (the Pittsburg & Shawmut Railroad Company, Red Bank Railroad Company and Mountain Laurel Railroad Company) pursuant to a notice of exemption in STB Finance Docket No. 32903 published on May 7, 1996. DATES: This exemption will be effective on July 21, 1996. Decided: June 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32976] 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, as clarified and corrected by letter dated June 12, 1996, from Counsel for IORP, under 49 CFR 1150.31 to acquire, and operate over, local and overhead trackage rights from Cincinnati Terminal Railway Corp., the Indiana and Ohio Railroad Company, the Indiana & Ohio Railway Company, Inc., and the Indiana & Ohio Central Railroad Company, Inc. all Class III rail carriers. The trackage over which IORP's operations will be conducted are: (1) Over 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) over 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) over 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 26.7 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) over 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 200.57 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, (f) MP 98.8 at Bellfontaine, OH, to MP 129.4 at Bell, OH; and (g) MP 124.5 at Glen Echo, to Cold Springs. The total mileage for all segments is approximately 215.8. A notice of exemption for a similar transaction was served and published previously in 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., STB Finance Docket No. 32893 (STB served Apr. 30, 1996). Contrary to an erroneous, but harmless, assertion in that proceeding, IORP was, until June 4, 1996, a wholly owned noncarrier subsidiary of the Indiana & Ohio Rail Corp. (IORC), the noncarrier parent holding company for the four Class III carriers from which IORP is obtaining trackage rights in the present proceeding. IORP, in fact, was a wholly owned, noncarrier subsidiary of the IORC. Because IORP did not act on the exemption authorized in STB Finance Docket No. 32893 (nor on the exemption authorized in STB Finance Docket No. 32894 (STB served Apr. 30, 1996), it did not become a carrier until June 4, 1996. On that date, the stock of IORC was sold to RailTex, Inc., pursuant to a notice of exemption filed on May 28, 1996, and effective on June 4, 1996, in RailTex, Inc.; Control Exemption; Indiana & Ohio Rail Corp., STB Finance Docket No. 32975 (STB served June 21, 1996). With the sale of IORC's stock, the control of all four carrier subsidiaries of IORC passed to RailTex, but the ownership and control of IORP, under the sale agreement, was retained by Thomas B. McOwen, one of the prior owners of IORC. IORP is thus not presently affiliated with any other rail carrier, and it was never a carrier while it was affiliated with the other rail carriers. Thus, at no time did IORC, Mr. McOwen, or RailTex, require Board approval or exemption to control IORP while in control of rail carriers. The exemption became effective, and, according to Counsel for IORP, the transaction was consummated, on June 4, 1996. Decided: June 14, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32975] RailTex, Inc.; Control Exemption; Indiana & Ohio Rail Corp. RailTex, Inc. (RailTex), a noncarrier holding company, has filed a notice of exemption to acquire control through stock ownership of Indiana & Ohio Rail Corp. (I&O), a noncarrier holding company. I&O controls four separate Class III railroads as follows: Cincinnati Terminal Railway Company; Indiana and Ohio Railroad, Inc.; Indiana & Ohio Railway Company; and Indiana & Ohio Central Railroad, Inc. These four I&O rail carrier subsidiaries are separate corporate entities comprising a single rail system operating in the States of Indiana and Ohio as the Indiana & Ohio Rail System (I&O Rail System). RailTex is acquiring all of the issued and outstanding capital stock of I&O. The exemption became effective, and it was reported in a letter filed in STB Finance Docket No. 32976 (STB served June 21, 1996), that the transaction was consummated, on June 4, 1996. RailTex controls 16 existing Class III railroad subsidiaries: San Diego & Imperial Valley Railroad Company, Inc., operating in California; North Carolina & Virginia Railroad Company, Inc. (including Virginia Southern Division), operating in North Carolina and Virginia; South Carolina Central Railroad Company, Inc. (including Carolina Piedmont Division), operating in South Carolina; Mid-Michigan Railroad, Inc. (including Northeast Kansas & Missouri Division and Texas Northeastern Division) operating in Texas, Kansas, Missouri and Michigan. Chesapeake & Albemarle Railroad Company, Inc., operating in Virginia and North Carolina; Michigan Shore Railroad Company, Inc., operating in Michigan; New Orleans Lower Coast Railroad Company, Inc., operating in Louisiana; Dallas, Garland & Northeastern Railroad, Inc., operating in Texas; Indiana Southern Railroad, Inc., operating in Indiana; Missouri & Northern Arkansas Railroad Company, Inc., operating in Kansas, Missouri and Arkansas; Salt Lake City Southern Railroad Company, Inc., operating in Utah; Grand Rapids Eastern Railroad, Inc., operating in Michigan; Central Oregon & Pacific Railroad, Inc., operating in Oregon and California; New England Central Railroad, Inc., operating in Vermont, New Hampshire, Massachusetts, and Connecticut; Georgia Southwestern Railroad, Inc. (including Georgia & Alabama Division and Georgia Southwestern Division), operating in Alabama and Georgia; and Austin & Northwestern Railroad Company, Inc. (including Texas-New Mexico Division), operating in Texas and New Mexico. The Indiana Southern Railroad, Inc. operates in the State of Indiana but does not connect with the I&O Rail System. RailTex states that: (i) the I&O Rail System will not connect with any railroad in the RailTex corporate family; (ii) the acquisition of control is not part of a series of anticipated transactions that would connect the I&O Rail System with any railroad in the RailTex 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). Street, N.W., Suite 225, Washington, DC 20005. Decided: June 14, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 527X)] CSX Transportation, Inc.; Abandonment Exemption; in Bradenton, Manatee County, FL CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon approximately 0.62 miles of its line of railroad between milepost SW- 872.07 and milepost SW-872.69, in Bradenton, Manatee County, FL. 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 July 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: June 17, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32979] Consolidated Rail Corporation--Trackage Rights Exemption--Grand Trunk Western Railroad, Inc. Grand Trunk Western Railroad, Inc. (GTW) has agreed to grant limited overhead trackage rights to Consolidated Rail Corporation (Conrail) over a portion of its Main Line Track as follows: (Zone 1) beginning at existing interchange track and rail connections between GTW and Conrail in Lansing, MI, at milepost 219.7 (or the future connection at Cedar at milepost 221.5), extending westerly to the point of connections at the western end of the Battle Creek Joint Section at milepost 175.29; (Zone 2) beginning at the point of connections of GTW main tracks at the west end of the Battle Creek Joint Section at milepost 176.91, extending westerly to a new connection track to be constructed at the existing rail crossing at grade, at Schoolcraft, MI, at milepost 146.8. The total trackage rights over both routes is approximately 74.52 (or 76.32 with the future connection at Cedar). The trackage rights are granted for the sole purpose of Conrail's use for bridge traffic only between GTW/Conrail connections. The trackage rights also provide that all Conrail movements over the subject trackage (except movements over the Joint Section only) must either enter or exit at Lansing, and that Conrail shall not perform any local service (including switching services) and shall not interchange traffic with any other carrier. The trackage rights were to become effective on or after June 17, 1996. Decided: June 17, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 522X)] CSX Transportation, Inc.--Abandonment Exemption--in Osceola County, FL ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board exempts from the prior approval requirements of 49 U.S.C. 10903 the abandonment by CSX Transportation, Inc., of 3.02 miles of rail line between milepost 808.00 and milepost 811.02 in Kissimmee, Osceola County, FL, subject to standard labor protective conditions and an environmental condition. DATES: The exemption will be effective July 24, 1996 unless stayed or a statement of intent to file an offer of financial assistance (OFA) is filed. Decided: June 7, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-462 (Sub-No. 1X)] Southeastern International Corporation--Abandonment Exemption--in Jefferson and Chambers Counties, TX ACTION: Notice of exemption. SUMMARY: The Board exempts from the prior approval requirements of 49 U.S.C. 10903-04 the abandonment by Southeastern International Corporation of approximately 13.57 miles of rail line between milepost 62.57 near Fannett and milepost 49.00 near Stowell, in Jefferson and Chambers Counties, TX, subject to public use and 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 on July 24, 1996. Decided: June 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32947 (Sub-No. 1)] The A&G Railroad, L.L.C.--Merger--The Bay Line Railroad, L.L.C.-- Corporate Family Transaction Exemption The A&G Railroad, L.L.C. (A&G) and The Bay Line Railroad, L.L.C. (Bay Line) (applicants), both of which are controlled by K. Earl Durden and Green Bay Packaging, Inc., filed a notice of exemption to undertake a transaction within their corporate family that would merge A&G into Bay Line. The transaction is expected to be consummated on or after the June 24, 1996 effective date of the exemption. A&G owns and operates approximately 27 miles of rail line between Abbeville and Grimes, AL, and operates over 7 miles of CSX Transportation, Inc.'s (CSXT) rail line between Grimes and the Bay Line's rail yard in Dothan, AL, pursuant to incidental trackage rights. Bay Line owns and operates approximately 79 miles of rail line between Dothan, AL, and Panama City, FL. It interchanges with CSXT at Cottondale, FL, and with CSXT, Norfolk Southern Railway Company, the Hartford & Slocomb Railroad Company, and the A&G at Dothan. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). The parties state that the transaction will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside applicants' corporate family. The stated purposes of the transaction are to streamline management of the two rail carriers and to facilitate consummation of the transaction in STB Finance Docket No. 32947 (Sub- No. 2). Decided: June 21, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32947 (Sub-No. 2)] K. Earl Durden--Acquisition of Control Exemption-- Rail Partners, L.P., Et Al. K. Earl Durden (Durden), a noncarrier individual, has filed a notice of exemption to acquire control of Rail Partners, L.P. (Partners), Rail Management and Consulting Corporation (RMCC) and 12 commonly-controlled shortline railroads (hereinater the RMCC Railroad Group) through his purchase of Green Bay Packaging, Inc.'s (GBP) ownership interests in the aforementioned entities and railroads. Currently, Durden and GBP each hold a 49.5% interest and RMC holds a 1% interest in Partners, a Delaware limited partnership; Durden and GBP each own a 50% interest in RMCC, a non-carrier holding company; and Durden and GBP each own a 50% interest in each of the railroads in the RMCC Railroad Group. By this transaction, Durden will acquire 100% ownership and control in Partners, RMCC, and the RMCC Railroad Group. The exemption will be effective on June 24, 1996, and the parties intend to consummate this transaction on June 30, 1996. The 12 railroads are: Atlantic & Western Railway, L.P.; The Bay Line Railroad, L.L.C.; Copper Basin Railway; East Tennessee Railway, L.P.; Galveston Railroad, L.P.; Georgia Central Railway, L.P.; KWT Railway, Inc.; Little Rock & Western Railway, L.P.; Tomahawk Railway, L.P.; Valdosta Railway, L.P.; Western Kentucky Railway, L.L.C.; and Wilmington Terminal Railroad, L.P., which are located in Alabama, Arizona, Arkansas, Florida, Georgia, Kentucky, North Carolina, Tennessee, Texas, and Wisconsin. Durden states that: (1) The transaction will not result in any of the subject railroads connecting with one another or any railroads in their corporate family; (2) the proposed transaction is not part of a series of anticipated transactions that would connect the subject railroads with each other or any railroad in their corporate family; and the transaction involves only Class III carriers. The transaction therefore is exempt from the prior approval requirements of 49 U.S.C. 11323. Decided: June 21, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32753] R.J. Corman Railroad Company/Western Ohio Line--Modified Rail Certificate--Between Lima and Glenmore, OH On May 13, 1996, R.J. Corman Railroad Company/Western Ohio Line (RJCW) filed a notice for a modified certificate of public convenience and necessity under 49 CFR 1150.23 to operate as a sub-operator a line of railroad, the SPEG Line, between milepost 54.4 at Lima, OH, and milepost 84.2 at Glenmore, OH. The line was formerly part of the main line of the bankrupt Erie Lackawanna Railway Company (EL) between New York and Chicago. The line was not designated for transfer to Consolidated Rail Corporation (Conrail), but was available for subsidy under section 304 of the Regional Rail Reorganization Act of 1973 (3R Act). USRA-Final System Plan-July 1975--Vol. II, page 122. Under section 304, EL gave notice of intent to abandon the line effective March 31, 1976. In 1977, the line was acquired by the Ohio Rail Transportation Authority, and the Spencerville & Elgin Railroad Company (SPEG) was designated as operator. (ICC served Feb. 13, 1979). The State of Ohio purchased the line from EL's bankruptcy estate in 1981, and the Van Wert County and Allen County Port Authorities (Authorities) acquired the line from the State in September 1982. In 1990, SPEG gave notice of intent to terminate service and no longer provides service on the line. While no longer conducting operations as a rail carrier, SPEG remains in existence as a wholly owned subsidiary of an on-line shipper, Countrymark Cooperative, Inc. Under an existing contract between SPEG and the Authorities, SPEG is responsible for administering the line and arranging for an operator to provide rail service thereon. Indiana Hi-Rail Corporation (IHRC) took over operations on the line in 1991, and acquired a modified rail certificate to operate the line. (ICC served June 20, 1991). IHRC ceased service on the line in November 1993. Pursuant to a sub-operating agreement dated March 26, 1996, and an addendum dated April 3, 1996, between RJCW (sub-operator) and SPEG (operator), RJCW will assume operations over the line for a two-year period from May 20, 1996, to May 20, 1998, subject to renewal upon agreement by the parties. This rail line qualifies for a modified certificate of public convenience and necessity. A rail line which was approved for abandonment under the Final System Plan, but over which operations were continued by a D-OP, has been ``fully abandoned, or approved for abandonment'' within the meaning of 49 CFR 1150.21. No subsidy is involved and there are no preconditions for shippers to meet in order to receive rail service. Operations over the line will be conducted for a two-year period, subject to renewal upon agreement by the parties, unless terminated upon appropriate notice in accordance with 49 CFR 1150.24. This line connects with Conrail at Lima and with IHRC at Ohio City, OH. RJCW will interchange traffic with CSX Transportation, Inc., Norfolk and Western Railway Company, and its existing line at Lima, which will promote new business on the line. Decided: June 19, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-449 (Sub-No. 2)] Western Kentucky Railway, L.L.C.--Abandonment--Between Blackford and Princeton, KY The Board has issued a certificate authorizing Western Kentucky Railway, L.L.C. (WKR), to abandon its 34.75-mile line between milepost JE62.5 at Blackford and milepost JE97.25 at Princeton, in Crittenden and Caldwell Counties, KY, subject to the standard employee protective conditions. The abandonment certificate will become effective on July 27, 1996, unless within 15 days after publication of this notice, the Board finds that: (1) a financially responsible person has offered financial assistance (through subsidy or purchase) to enable rail service to be continued. Decided: June 20, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1161X)] Consolidated Rail Corporation--Abandonment Exemption--in Vermilion and Champaign Counties, IL Consolidated Rail Corporation (Conrail) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 24.50 miles of its line of railroad known as the Pekin Secondary Track from approximately milepost 4.00 to approximately milepost 28.50 in Vermilion and Champaign Counties, IL. A Conrail line from milepost 28.50 at Urbana, to milepost 78.3 at Bloomington, is the subject of a pending petition for exemption in Norfolk and Western Railway Company--Purchase and Operate--Consolidated Rail Corporation--in Urbana to Peoria, IL, STB Finance Docket No. 32957. By letter filed June 19, 1996, the Champaign County Administrative Services (County) filed a comment expressing concern about the proposed abandonment's effects on planned industrial areas on the east side of the City of Urbana and the elevator at Fulls Siding. While the County appears to oppose abandonment, its position is not altogether clear. Should it wish to seek specific relief from the Board, it may file a petition for stay or for other relief on or before the dates specified in this notice. Conrail 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. This exemption is subject to the condition that consummation of the abandonment is contingent upon issuance by the Board of an exemption for the transaction that is the subject of STB Finance Docket No. 32957 and upon the exercise of that exemption by acquisition and operation by Norfolk and Western Railway Company (NW) of the line that is the subject of that proceeding. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on July 28, 1996, unless stayed pending reconsideration. Conrail indicates that its intends to consummate abandonment on August 5, 1996, or on the date NW acquires the line between milepost 28.50 and milepost 78.3 and begins operations over it pursuant to the exemption sought in STB Finance Docket No. 32957, whichever is later. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Decided: June 21, 1996. ============================================================================= Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==============================================================================