DOT REPORT #15 - July, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between July 1 - 15, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: CSX Transportation, Inc.--Abandonment--in Vermilion County, IL Missouri Pacific Railroad Company--Abandonment Exemption-- in Shawnee County, KS Burlington Northern Railroad Company--Adverse Discontinuance--in Denver, CO Union Pacific Railroad Company--Adverse Discontinuance--in Denver, CO Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of 49 CFR Part 236 Petitions for Waivers of Compliance Northern Central Railway, Incorporated--Lease and Operation Exemption--County of York, PA ================================================ DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 530)] CSX Transportation, Inc.--Abandonment--in Vermilion County, IL ACTION: Notice of findings. SUMMARY: The Board has found that the public convenience and necessity require or permit the abandonment by CSX Transportation, Inc. (CSXT) of its 7.15-mile line of railroad from milepost ZE-113.0 at Henning, to milepost ZE-120.15 at Collison, in Vermilion County, IL, subject to a public use condition and a labor protective condition. The Board's decision will be effective 30 days after publication of this notice unless the Board finds that a financially responsible person has offered financial assistance (through subsidy or purchase) to enable the rail service to continue. Decided: June 25, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-3 (Sub-No. 136X)] Missouri Pacific Railroad Company--Abandonment Exemption-- in Shawnee County, KS Missouri Pacific Railroad Company (MP) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 1.81-mile portion of the Topeka Industrial Lead from milepost 404.72 at the end of the line to milepost 406.53, near Topeka, in Shawnee County, KS. MP 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 July 31, 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 25, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-6 (Sub-No. 374)] Burlington Northern Railroad Company--Adverse Discontinuance--in Denver, CO [Docket No. AB-33 (Sub-No. 92)] Union Pacific Railroad Company--Adverse Discontinuance--in Denver, CO ACTION: Notice of findings. SUMMARY: The Board has found that the public convenience and necessity permit: (1) Burlington Northern Railroad Company to discontinue trackage rights and service over a section of rail line generally running along National Western Drive (in the ``National Western Drive Corridor''), from the intersection of the track, on the south, with the rail line that runs generally along the east bank of the South Platte River (in the ``River Corridor''), to the inactive connection with the line of track of the Denver and Rio Grande Western Railroad Company along Franklin Street, on the north, and to, but not across, the right- of-way for Race Court, on the northeast, in the Denver Stockyards, Denver, CO, a total distance of approximately 0.8 miles; and (2) Union Pacific Railroad Company to discontinue trackage rights and service over two sections of rail line, totaling approximately 1.2 miles in distance, in the Denver Stockyards, Denver, CO, consisting of: (a) in the ``River Corridor,'' the section of line adjacent to the east bank of the South Platte River, from a point 600 feet north of the intersection of the River Corridor track with the northwestern right- of-way line of National Western Drive to the west right-of-way line of Franklin Street; and (b) in the ``National Western Drive Corridor,'' the section of line adjacent to National Western Drive, from the intersection of the line with the south right-of-way line of East 46th Street to the intersection of the line with the east right-of-way line of Franklin Street. The Board's decision will be effective 30 days after publication of this notice and a certificate will be issued unless the Board also finds that: (1) A financially responsible person has offered financial assistance (through subsidy or purchase) to enable the rail service to continue; and (2) it is likely that the assistance would fully compensate the railroad. SUPPLEMENTARY INFORMATION: These proceedings are consolidated with Docket Nos. AB-452 (Sub-No. 1X), The Western Stock Show Association-- Abandonment Exemption--in Denver, CO; and AB-446 (Sub-No. 2), Denver Terminal Railroad Company--Adverse Discontinuance--in Denver, CO. Decided: June 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of 49 CFR Part 236 Pursuant to 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 49 CFR Part 236 as detailed below. Block Signal Application (BS-AP)-No. 3402 Applicant: Burlington Northern Railroad Company The Burlington Northern Railroad Company seeks approval of the proposed discontinuance and removal of the traffic control system (TCS), associated with the installation of an automatic block signal (ABS) system with track warrant control, on the single main track between Appleton, Minnesota, milepost 578 and Hettinger, South Dakota, milepost 925.9, on the Willmar and Yellowstone Divisions, Appleton, Mobridge, and Hettinger Subdivision, a distance of approximately 348 miles. The proposed changes include: conversion of ``Big Stone Power Plant'' and ``West Aberdeen'' Control Points to remote-controlled interlockings, replacement of all power-operated and spring switches with circuit controller monitored hand-operated switches, removal of all switch electric locks, and modification of signal placement and spacing. The reasons given for the proposed changes are that reduced traffic patterns do not justify the high cost to maintain an aging TCS, and this application will retain the safety of train operations provided by an ABS system while providing economic relief from having to maintain the additional plant associated with TCS. BS-AP-No. 3403 Applicant: Burlington Northern Railroad Company The Burlington Northern Railroad Company seeks approval of the proposed reduction to the limits of the automatic block signal system, on the single main track, between ``P.A. Tower'', milepost 109.9 and Grand Forks, milepost 107.6, North Dakota, Fargo Division, Grand Forks Subdivision; consisting of the discontinuance and removal of automatic block signals 107.9, 107.8, 108.3. 108.4, and 109.2, and conversion of automatic block signal 109.3 to a distant approach signal. The reasons given for the proposed changes are the reduction in train movements over the trackage and to provide a more efficient operation. Rules Standards & Instructions Application (RS&I-AP)-No. 1101 Applicant: Florida East Coast Railway Company The Florida East Coast Railway Company (FEC) seeks temporary relief from the requirements of 49 CFR, Part 236, Section 236.566 of the Rules, Standard and Instructions, for a 30 day period, to the extent that FEC be permitted to operate non-operational automatic train control (ATC) equipped locomotives, over FEC's entire ATC territory by way-side signal indications of the traffic control system, to accommodate modifications to both the onboard and roadway ATC equipment. Applicant's justification for relief: To implement changes to the ATC system code rates in order to enhance and improve the reliability of the system, associated with the designed elimination of cab signal flips. Issued in Washington, DC, on July 1, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waivers of Compliance In accordance with 49 CFR Sections 211.9, 211.41 and 211.45, notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance with certain requirements of the Federal safety laws and 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. 3R International [Docket Numbers F-96-3, RSGM-96-6, LI-96-1, SA-96-3 and PB-96-4] 3R International (3R) requests waivers of compliance with certain provisions of the Federal Railroad Administration (FRA) railroad safety regulations. It is seeking relief from sections of the Railroad Freight Car Safety Standards (49 CFR Part 215), Railroad Safety Glazing Standards (49 CFR Part 223), Railroad Locomotive Safety Standards (49 CFR Part 229), Railroad Safety Appliance Standards (49 CFR Part 231), and Railroad Power Brake and Drawbar Regulations (49 CFR Part 213). The relief is being sought in order to place in service what the petitioner describes as the 3R road/rail system. The 3R system was developed and two 3R trains have been operated by the Canadian National Railway in revenue service without incident in Canada for the previous two years. The 3R road/rail system provides the means to transform a common semi-trailer at little cost for use in a convoy on railway tracks. This adaptation is made by adding at the rear of a semi- trailer or container carrying chassis a second king-pin similar to that used at the front of a semi-trailer. The 3R road/rail system is composed of a control cab unit which is used as a crew station at the front end of the convoy and contains all the electronic controls for the intermodal train, but has no propulsion capability, nor does it have an air compressor. The control cab has a console type control stand with computer screens. Air is supplied by the power units through the main air reservoir pipe which runs through the train and into the cab control unit, where it is supplied to the brake pipe. The control cab unit does have an engine/generator set to provide power for the control system and battery charging. The control cab unit controls the power units remotely by radio, but a hard wire capability is available. It is equipped with two non-driving rail wheel/axle sets and a set of retractable rubber tires for off rail movement. The control cab unit contains a fifth wheel which engages and locks the kingpin of the first semi-trailer in the convoy or a power unit. Subsequent semi-trailers are transported on bogies which contains two rail wheel sets and two fifth wheels for securing the kingpin of the semi-trailers. A power unit is incorporated in the convoy at intervals of eight to ten semi-trailers. For intermodal operation, each power unit can haul seven to eight trailers of 93,500 pounds at 65 mph. The 3R system allows the assembly of a convoy directly in the yard of a customer and such convoy remains intact until it reaches its destination. Assembling is made on a rail siding which can be accessed by a highway tractor. The train is made up by placing a semi-trailer upon a bogie and locking onto the kingpin, raising the highway wheels and moving the assembled portion of the train a distance sufficient to place each subsequent semi-trailer in the train. A power unit is placed between two semi-trailers and connected by a kingpin at one end to the adjacent bogie's fifth wheel and to the kingpin of the semi-trailer with the power units fifth. A dead weight unit, which contains a standard automatic coupler, is placed as a counter weight at the back end of the last bogie in the train. The coupler allows hauling from the back end with a maximum tractive effort of 50,000 pounds. 3R request for a waiver from the requirements of 49 CFR Part 215 is based upon the fact that the semi-trailer is not a rail car. However, all those parts of the train that are referenced in the regulation, i.e., wheels, trucks, springs, etc. are required to be in compliance, and are contained within the bogies. 3R request for a waiver from 49 CFR part 223 is related to the glazing material of the control cab. The glazing material is in compliance with the Canadian Transport Commission (CTC) Railway Safety Glazing Regulations. 3R indicates that the front and side facing glazing is in conformity with CTC regulations. It may not be in compliance with FRA glazing standards. 3R request for a waiver from 49 CFR Part 229 is for the control cab and the power units within the train, which are defined in the Locomotive Safety Standard, 49 CFR 229.5(k) as Locomotives. The control cab has no propelling motors but has a control stand and the power units have propelling motors designed to move other equipment. 3R request for a waiver from 49 CFR Part 231 and 232 is for the lack of safety appliances and handholds on the bogies, rear counter weight, or semi-trailers in the train. The cab control unit has an automatic front coupler and some safety appliances. Some handholds are applied to the power units. The semi-trailers are connected to the bogies by use of kingpins and fifth wheels commonly found in highway tractor/semi-trailer service. The cab control unit, power units and bogies have no hand brakes per se, but are equipped with a spring loaded parking brake. The 3R rail system has not been used in the United States. A consist of a cab control unit, a power unit, three containers on chassis (semi-trailers), one dead weight unit, and sufficient bogies to assemble the train was tested by the Association of American Railroads (AAR) at the Transportation Technology Center (TTC) in Pueblo, Colorado, from December 1994 to April 1995. The train was tested according to the specifications of Chapter XI, of the AAR's M-1001, Manual of Standards and Recommended Practices. The 3R train performed within Chapter XI performance standards, and indicate the likelihood of safe car performance. 3R's objective in the United States is to allow short line operators to benefit from their value added road/rail transportation system, by transporting on rail, the freight that would be destined to an alternate and less desirable mode of transportation. When the waiver petition was submitted by 3R, two United States short line railroads had shown a strong interest in its road/rail system. Rail America, one of the short lines, would like to operate two road/rail convoys of six power units each with sixty containers. The equipment will operate at approximately 45 mph and haul domestic waste in 82,500 pound containers from inner-city points to suburban waste dumps. De Queen & Eastern Railroad Company Texas, Oklahoma & Eastern Railroad Company [Docket Number SA-96-4] The De Queen & Eastern Railroad Company; Texas, Oklahoma & Eastern Railroad Company (DQE-TOE) seeks a waiver of compliance from certain sections of 49 CFR Part 231, Railroad Safety Appliance Standards. The DQE-TOE is requesting a permanent waiver of the provisions of 49 CFR Part 231 which requires end ladders. The DQE-TOE wish to remove the end ladders on the subject cars. The DQE-TOE has 300 high side open top cars for hauling wood chips. Two hundred of these cars are end dump cars, in that the ends when unlocked swing upwards permitting easier unloading of the wood chips. 49 CFR 231.1(e)(3) requires one ``. . . [ladder] on each side, not more than 8 inches from left side of car ``. . .'' The DQE-TOE states that the end ladder ladders serve no useful purpose and are costly to maintain. The end doors are opened by machinery and are constantly being damaged. The DQE-TOE operates freight service from Perkins, Arkansas to Valliant, Oklahoma, a distance of eighty-six miles one way. Two trains are operated daily for the movement of approximately thirty (30) cars of wood chips in each train. The DQE-TOE further state that company policy prohibits employees from using these ladders and that the removal of the end ladders would not have an adverse effect on safety. Issued in Washington, D.C. on July 2, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32966] Northern Central Railway, Incorporated--Lease and Operation Exemption--County of York, PA Northern Central Railway, Incorporated (Northern Central) and the County of York, PA (York), have filed a joint verified notice of exemption under 49 CFR 1150.31 for Northern Central, a noncarrier, to lease and operate approximately 18.5 miles of rail line owned by York between milepost 35.67 at New Freedom, PA, and milepost 54.17 at Hyde Siding, PA (approximately 3 miles south of the city of York). The proposed transaction was to be consummated on or after June 26, 1996, the effective date of the exemption. York states that the trackage was acquired from the Commonwealth of Pennsylvania by agreement on March 28, 1990. Decided: July 2, 1996. --------------------------------------------------------------------------------------------------------- RELATED NEWS: On July 3, The Surface Transportation Board voted 3-0 to approve the Union Pacific - Southern Pacific merger. The board conditioned approval based on expanded access to UP/SP trackage by Burlington Northern Santa Fe, The Tex Mex Line and Utah Railway. No divestitures were ordered. The STB will oversee implementation of the merger for a period of five years. A written order from the STB is expected on August 12. The companies will be permitted to merge thirty days after the written order. ===================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. =====================================================================