DOT REPORT #16 - July, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between July 16 - 31, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Norfolk Southern Railway Company--Corporate Family Transaction Exemption--The Atlanta and Charlotte Air-Line Railway Company Burlington Northern Santa Fe Corporation, BNSF Acquisition Corp., and Burlington Northern Railroad Company--Control--Washington Central Railroad Company Evansville Terminal Company, Inc.--Acquisition and Operation Exemption--Trustee, Indiana HiRail Corporation RailAmerica, Inc.--Continuance in Control Exemption--Evansville Terminal Company, Inc. CSX Transportation, Inc.--Discontinuance of Service Exemption--in Fayette and Raleigh Counties, WV R.J. Corman Railroad Company/Allentown Lines, Inc.; Acquisition and Operation Exemption--Lines of Consolidated Rail Corporation Richard J. Corman--Continuance in Control Exemption; R.J. Corman Railroad Company/Allentown Lines, Inc. North Coast Railroad Authority--Trackage Rights Exemption-- California Northern Railroad Company CSX Transportation, Inc.--Abandonment Exemption--in Parkwood, Jefferson County, AL Varlen Corporation--Acquisition of Control Exemption-- Commonwealth Railway, Inc., Carolina Coastal Railway, Inc., and Talleyrand Terminal Railroad Company, Inc. Consolidated Rail Corporation--Abandonment Exemption--in Erie County, NY CAGY Industries, Inc.--Acquisition of Control Exemption-- Luxapalila Valley Railroad, Inc. The Northern Vermont Railroad Company Incorporated; Acquisition and Operation Exemption; Lines of Canadian Pacific Limited St. Louis Southwestern Railway Company--Trackage Rights Exemption--SPCSL Corp. Union Pacific Railroad Company; Trackage Rights Exemption; Chicago, Central & Pacific Railroad Company Consolidated Rail Corporation--Abandonment Exemption--in Lebanon County, PA Consolidated Rail Corporation; Abandonment Exemption--in Hudson County, NJ Georgia Southwestern Division, South Carolina Central Railroad; Abandonment Exemption; Between Preston and Omaha, GA Soo Line Railroad Company--Trackage Rights Exemption--Wisconsin Central Ltd. Soo Line Railroad Company--Trackage Rights Exemption--Wisconsin Central Ltd. Wisconsin Central Ltd. and Soo Line Railroad Company--Joint Relocation Project Exemption--Schiller Park, IL Nebraska Northeastern Railway Company; Acquisition and Operation Exemption; Burlington Northern Railroad Company TNW Corporation; Continuance in Control Exemption; Nebraska Northeastern Railway Company Saginaw Valley Railway Company, Inc.; Acquisition Exemption; CSX Transportation, Inc. Union Pacific Railroad Company--Discontinuance of Service Exemption--in Washington County, ID ======================================================================= DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32993] Norfolk Southern Railway Company--Corporate Family Transaction Exemption--The Atlanta and Charlotte Air-Line Railway Company Norfolk Southern Railway Company (NSR), a Class I railroad, and The Atlanta and Charlotte Air-Line Railway Company (A&CAL), a Class III railroad, have jointly filed a verified notice of exemption. The exempt transaction is a merger of A&CAL with and into NSR. A&CAL is a wholly owned, direct subsidiary of NSR with authorized capital stock consisting of 17,000 shares of Common Stock, 16,999 of which are issued and outstanding and owned by NSR. NSR has controlled A&CAL through stock ownership, and has leased and operated the properties of A&CAL since approximately 1881. The proposed Agreement and Plan of Merger provides that all shares of A&CAL's capital stock will be canceled and retired, and no consideration will be paid in respect of such shares. NSR is controlled through stock ownership by Norfolk Southern Corporation, a noncarrier holding company. The transaction is expected to be consummated on or after August 1, 1996. The proposed merger will eliminate A&CAL as a separate corporate entity, thereby simplifying the corporate structure of NSR and the NSR system, and eliminating costs associated with separate accounting, tax, bookkeeping and reporting functions. 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 or significant operational changes. Decided: July 10, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32974] Burlington Northern Santa Fe Corporation, BNSF Acquisition Corp., and Burlington Northern Railroad Company--Control--Washington Central Railroad Company ACTION: Notice of acceptance of application. SUMMARY: On June 17, 1996, the Washington Central Railroad Company (WCRC), the Burlington Northern Santa Fe Corporation (BNSF), the Burlington Northern Railroad Company (BNRR), and BNSF Acquisition Corporation (BNSF Acquisition) filed an application for BNSF to continue in control of BNSF Acquisition after BNSF Acquisition acquires the stock of WCRC. We accept the application for consideration. We further find that this is a ``minor transaction'' under 49 CFR 1180.2(c). Finally, we establish an expedited procedural schedule that would provide for the issuance of a final decision approximately 60 days prior to the deadline established for minor transactions in 49 U.S.C. 11325(d). DATES: Unless unforeseen issues arise, the Board expects to be able to issue a final decision by October 15, 1996, with an effective date of October 30, 1996. SUPPLEMENTARY INFORMATION: Applicants seek approval under 49 U.S.C. 11323-25 for BNSF to continue in control of its noncarrier subsidiary BNSF Acquisition after BNSF Acquisition acquires the common stock of, and is subsequently merged with, WCRC. Applicants also seek approval under 49 U.S.C. 11323 for BNRR (controlled indirectly by BNSF) to operate the lines of the current WCRC system after WCRC is acquired by BNSF Acquisition, except for certain lines that will be leased to the Columbia Basin Railroad Company (CBRC). Authority for this lease will be sought in a separate proceeding before the Board. Although BNRR will conduct most of WCRC's rail operations, BNSF Acquisition will retain its separate corporate existence. The lines to be leased to CBRC are: (1) Connell, WA (MP 186.9) to Wheeler, WA (MP 147.3); (2) Bassett Junction, WA (MP 0.0) to Schrag, WA (MP 12.50); and (3) Moses Lake, WA (MP 18.3) to Sieler, WA (MP 5.0). In a separate transaction to be submitted to the Board, CBRC will receive trackage rights from BNRR to provide service between Warden, WA (MP 1976.0) and Othello, WA (MP 1989.0), a distance of approximately 13 miles. Under 49 U.S.C. 11324(d), applying to proceedings that do not involve the merger or control of at least two Class I railroads, the Board shall approve a transaction unless it finds that: (1) the transaction will result in a ``substantial lessening of competition, creation of a monopoly, or restraint of trade in freight surface transportation in any region of the United States''; and (2) ``the anticompetitive effects of the transaction outweigh the public interest in meeting significant transportation needs.'' Addressing the first qualification in section 11324(d), applicants argue that the transaction can have no adverse competitive effects because it would be an end-to-end acquisition, not a parallel acquisition. According to applicants, the transaction would merely result in the reacquisition of connecting track that was previously owned by the BNRR before the track was sold to WCRC in 1986. Addressing the second qualification in section 11324(d), applicants assert that the transaction will further the public interest in meeting significant transportation needs. BNSF Senior Vice President Babb testifies that the transaction would reduce track congestion in the Pacific Northwest, increase capacity to meet a growing demand for rail service, increase operating efficiency, and allow more timely service. Applicants anticipate that no existing BNRR employees will be adversely affected by the transaction but that a total of 17 WCRC positions could be eliminated in the first year. According to applicants, the newly formed CBRC will employ at least 15 present WCRC employees. Applicants assert that ``[t]he applicable level of labor protection for the transaction proposed herein is that set forth in New York Dock--Control--Brooklyn Eastern District Terminal, 360 I.C.C. 60 (1979).'' Under 49 CFR part 1180, the Board must determine whether a proposed transaction is major, significant, or minor. We find that the transaction is minor under 49 CFR 1180.2(c), because the transaction, which would merely allow BNSF to reacquire track that was previously sold to a Class III carrier (WCRC) by BNRR, has no regional or national transportation significance and clearly will not have any anticompetive effects. Because the application substantially complies with the applicable regulations governing minor transactions, we are accepting it for consideration. This decision is effective on July 17, 1996. Decided: July 11, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32989] Evansville Terminal Company, Inc.--Acquisition and Operation Exemption--Trustee, Indiana HiRail Corporation Evansville Terminal Company, Inc. (ETC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 40.4 miles of rail line from Trustee, Indiana HiRail Corporation (IHRC), between milepost 204.3 at Browns, IL, and milepost 244.7 at Evansville, IN, including, without limitation, the Harwood Yard North and side tracks. The transaction was to have been consummated on or after the June 28, 1996 effective date of the exemption. Decided: July 10, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32990] RailAmerica, Inc.--Continuance in Control Exemption--Evansville Terminal Company, Inc. RailAmerica, Inc. (RailAmerica), a noncarrier, has filed a notice of exemption to continue in control of Evansville Terminal Company, Inc. (ETC), upon ETC's becoming a Class III rail carrier. The transaction was to have been consummated on or after the June 28, 1996 effective date of the exemption. RailAmerica controls six other nonconnecting Class III rail carriers: Huron & Eastern Railway Company, Inc.; Saginaw Valley Railway Company, Inc.; West Texas & Lubbock Railroad Company, Inc.; Plainview Terminal Company; Dakota Rail, Inc.; and South Central Tennessee Railroad Company. RailAmerica states that: (1) ETC will not connect with any of the other railroads in its corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect ETC with any other railroad in its corporate family; and (3) the transaction does not involve a Class I railroad. The transaction therefore is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Decided: July 10, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 531X)] CSX Transportation, Inc.--Discontinuance of Service Exemption--in Fayette and Raleigh Counties, WV CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances to discontinue service over 4.8 miles of its line of railroad from milepost CAX-0.0 at Mill Creek Jct., to milepost CAX-4.8 at Garden Ground, in Fayette and Raleigh Counties, 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 August 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: July 10, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32987] R.J. Corman Railroad Company/Allentown Lines, Inc.; Acquisition and Operation Exemption--Lines of Consolidated Rail Corporation R.J. Corman Railroad Company/Allentown Lines, Inc. (RJCN), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 6.73 miles of rail line in the vicinity of Allentown, PA, (the Allentown Cluster), which is owned by Consolidated Rail Corporation as follows: (i) the Lehighton Industrial Track between East Penn Junction approximately milepost 92.835 and Fullerton approximately milepost 96.709); (ii) the Barber's Quarry Industrial Track from approximately milepost 93.144 to milepost 95.089; and (iii) the Allentown Industrial Track from approximately milepost 0.0 to milepost 0.908. The transaction was expected to be consummated on or after July 8, 1996. Dated: July 11, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32988] Richard J. Corman--Continuance in Control Exemption; R.J. Corman Railroad Company/Allentown Lines, Inc. Richard J. Corman (Corman), a noncarrier, has filed a notice of exemption to continue in control of R.J. Corman Railroad Company/ Allentown Lines, Inc. (RJCN), upon RJCN's becoming a Class III rail carrier. The transaction was expected to be consummated on July 8, 1996. Corman owns and controls five existing Class III common carriers by rail: R.J. Corman Railroad Company/Pennsylvania Lines, Inc., operating in Pennsylvania; R.J. Corman Railroad Corporation, operating in Kentucky; R.J. Corman Railroad Company/Memphis Line, operating in Tennessee and Kentucky; R.J. Corman Railroad Company/Western Ohio Line, operating in Ohio; and R.J. Corman Railroad Company/Cleveland Line, operating in Ohio. Corman states that: (i) The railroads will not connect with each other or any railroads in their corporate family; (ii) the continuance in control is not part of a series of anticipated transactions that would connect the 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: July 11, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32994] North Coast Railroad Authority--Trackage Rights Exemption-- California Northern Railroad Company California Northern Railroad Company (CNRC) will agree to grant interim local trackage rights to North Coast Railroad Authority (NCRA). CNRC will grant NCRA local trackage rights in Mendocino, Sonoma, Marin, and Napa Counties, CA: (1) from NWP milepost 142.5 near Outlet Station to NWP milepost 68.22 near Healdsburg, CA, a distance of approximately 74.3 miles; (2) from NWP milepost 68.2 near Healdsburg, CA, to NWP milepost 26.96 near Novato, CA, a distance of approximately 41.2 miles; (3) from NWP milepost 26.96 near Novato, CA, to NWP milepost 25.6 near Ignacio, CA, a distance of approximately 1.4 miles; and (4) from NWP milepost 25.6 near Ignacio, CA, to SP milepost 40.4 near Schellville, CA, a distance of approximately 14.8 miles, a total of approximately 131.7 miles of rail line. The parties to the trackage rights arrangement apparently intend that the trackage rights would expire if the Board acts favorably on NCRA's pending request in STB Finance Docket No. 32943, North Coast Railroad Authority--Operation and Acquisition Exemption--California Northern Railroad Company, Northwestern Pacific Railroad Authority, and Golden Gate Bridge, Highway and Transportation District, filed May 10, 1996. The transaction was scheduled to be consummated on or after July 8, 1996. The purpose of the trackage rights is to facilitate the commencement of NCRA's freight operations while its petition in STB Finance Docket No. 32943 is being considered by the Board. Trackage rights approved under the class exemption normally remain effective indefinitely. Accordingly, if the Board does not approve or exempt the transaction that is the subject of STB Finance Docket No. 32943 (or if NCRA does not consummate the transaction even if it has been approved or exempted), NCRA would be required to continue service begun under the trackage rights agreement until it obtains discontinuance authority from the Board. Decided: July 15, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 532X)] CSX Transportation, Inc.--Abandonment Exemption--in Parkwood, Jefferson County, AL CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 0.9 miles of its line of railroad between milepost ANJ- 968.3 and milepost ANJ-967.4 in Parkwood, Jefferson County, AL. 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 August 18, 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: July 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32992] Varlen Corporation--Acquisition of Control Exemption-- Commonwealth Railway, Inc., Carolina Coastal Railway, Inc., and Talleyrand Terminal Railroad Company, Inc. Varlen Corporation (Varlen), a noncarrier, has filed a notice of exemption to acquire control of Commonwealth Railway, Inc. (CRI), Carolina Coastal Railway, Inc. (CCR), and Talleyrand Terminal Railroad Company, Inc. (TTR), through its acquisition pursuant to the anticipated success of a tender offer for a controlling percentage of the stock of Brenco, Incorporated (Brenco), a noncarrier, and, indirectly, its wholly owned subsidiary Rail Link, Inc., which is the parent noncarrier holding company of CRI, CCR, and TTR. Following a successful tender offer, Brenco would be merged with BAS, Inc. (BAS),an existing, wholly owned subsidiary of Varlen. The transaction was to be consummated on or after the July 3, 1996 effective date of the exemption. BAS is not a rail carrier and does not control any rail carriers. Varlen states that: (1) these railroads do not connect with each other; (2) the acquisition of control is not part of a series of anticipated transactions that would connect the railroads with each other or any railroad in their corporate family; and (3) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Decided: July 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1164X)] Consolidated Rail Corporation--Abandonment Exemption--in Erie County, NY Consolidated Rail Corporation (Conrail) has filed a notice of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon a 5.10-mile portion of its line of railroad known as the Walden Running Track between milepost 414.00 and milepost 418.50, and portion of the JD Industrial Track between milepost 0.00 and milepost 0.60 in Erie 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 August 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: July 18, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32968 (Sub-No. 1)] CAGY Industries, Inc.--Acquisition of Control Exemption-- Luxapalila Valley Railroad, Inc. ACTION: Petition for exemption. SUMMARY: Acting under 49 U.S.C. 10502(a), the Board exempts from regulation under 49 U.S.C. 11323-25 the resumption of control of Luxapalila Valley Railroad, Inc., by CAGY Industries, Inc. This matter is related to a notice of exemption in STB Finance Docket No. 32968, published in the Federal Register on June 5, 1996. DATES: This exemption will be effective on August 23, 1996. Decided: July 11, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32981] The Northern Vermont Railroad Company Incorporated; Acquisition and Operation Exemption; Lines of Canadian Pacific Limited The Northern Vermont Railroad Company Incorporated (NV), a noncarrier, has filed a notice of exemption to acquire from Canadian Pacific Limited, doing business as CP Rail System, approximately 86.41 miles of rail line located in Franklin, Orleans, Caledonia, and Orange Counties, VT, as follows: (1) A portion of the Newport Subdivision between the U.S.-Canadian border crossings at milepost 26.25 and milepost 32.63 (running through Richford VT); (2) a portion of the Newport Subdivision between the border crossing at milepost 43.32 and the end of the subdivision at Newport (milepost 58.4); (3) the Lyndonville Subdivision, extending between Newport (milepost 0.0) and Wells River, VT (milepost 63.78); and (4) a portion of the former Beebe Subdivision, between mileposts 39.04 and 40.21, in or near Newport, VT. The transaction is expected to be consummated as soon as practicable after the exemption is effective and all conditions precedent have been satisfied. This notice of exemption was filed on June 7, 1996, and was scheduled to become effective 7 days later. This proceeding is related to STB Finance Docket No. 32982, Iron Road Railways Incorporated, Benjamin F. Collins, John F. Depodesta, Daniel Sabin, and Robert T. Schmidt--Control Exemption--Bangor and Aroostook Railroad Company, Canadian American Railroad Company, Iowa Northern Railway Company, and The Northern Vermont Railroad Company Incorporated, wherein Iron Road Railways Incorporated and certain noncarrier individuals have filed a petition for exemption to continue to control NV and three other rail carriers upon NV becoming a carrier. Decided: July 19, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32996] St. Louis Southwestern Railway Company--Trackage Rights Exemption--SPCSL Corp. SPCSL Corp. has agreed to grant local and overhead trackage rights to St. Louis Southwestern Railway Company over rail lines beginning at a point at or near milepost CSL 281 (``Q'' Tower) and extending southerly 6.2 miles to milepost CSL 287.2 in the vicinity of Church, IL, and southwesterly 2.84 miles to milepost MM 641.96 in the vicinity of Tolson, IL. The total trackage rights over both routes is approximately 9.04 miles. The trackage rights were to become effective on or after July 12, 1996. Decided: July 17, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32959 (Sub-No. 1)] Union Pacific Railroad Company; Trackage Rights Exemption; Chicago, Central & Pacific Railroad Company ACTION: Notice of exemption. SUMMARY: The Board, under 49 U.S.C. 10502, exempts the trackage rights described in STB Finance Docket No. 32959 2 to permit the trackage rights to expire on August 1, 1996, in accordance with the agreement of the parties. In Union Pacific Railroad Company--Trackage Rights Exemption--Chicago, Central and Pacific Railroad Company, STB Finance Docket No. 32959 (STB served May 31, 1996), Chicago, Central & Pacific Railroad Company (CCP) agreed to grant overhead trackage rights to Union Pacific Railroad Company (UP) in a north-south direction from the point of switch of the connection at CCP milepost 455.8, near Arion, to the point of switch of the connection at CCP milepost 512.2, near Council Bluffs, IA, a distance of approximately 56.4 miles. The trackage rights arrangement was necessary because of the rehabilitation of UP's parallel line between Council Bluffs and Arion, IA. The trackage rights have enabled UP to provide uninterrupted rail service and have alleviated congestion during the repair of its track. Trackage rights normally remain in effect unless discontinuance authority or approval of a new agreement is sought. DATES: This exemption is effective on August 9, 1996. Decided: July 12, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-167 (Sub-No. 1156X)] Consolidated Rail Corporation--Abandonment Exemption--in Lebanon County, PA ACTION: Notice of exemption. SUMMARY: The Board exempts from the prior approval requirements of 49 U.S.C. 10903-04 the abandonment by Consolidated Rail Corporation of 3.2 miles of rail line in Lebanon County, PA, subject to trail use, 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 August 24, 1996. Decided: July 11, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1158X)] Consolidated Rail Corporation; Abandonment Exemption--in Hudson County, NJ ACTION: Notice of exemption. SUMMARY: The Board exempts from the prior approval requirements of 49 U.S.C. 10903 the abandonment by Consolidated Rail Corporation of approximately 0.90 miles of rail line between milepost 0.00 and milepost 0.90 in Hudson County, NJ, subject to standard labor protective conditions. G.A.C. Kearny, Inc., has filed a formal offer of financial assistance (OFA) to purchase a portion of the line extending between milepost 0.00 and milepost 0.44. Therefore, the effective date of the exemption authorizing abandonment as to this portion of the line will be postponed pending completion of the OFA process. DATES: Provided no formal expression of intent to file an OFA has been received, this exemption will be effective on August 9, 1996. Decided: July 18, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-385 (Sub-No. 2X)] Georgia Southwestern Division, South Carolina Central Railroad; Abandonment Exemption; Between Preston and Omaha, GA 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 the Georgia Southwestern Division, South Carolina Central Railroad of a 40- mile segment of rail line between milepost 713 at Preston and milepost 753 at Omaha in Webster and Stewart Counties, GA, subject to environmental conditions 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 August 24, 1996. Decided: July 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board \1\ [STB Finance Docket No. 32998] Soo Line Railroad Company--Trackage Rights Exemption--Wisconsin Central Ltd. Wisconsin Central Ltd. (WCL), a Class II railroad, will agree to grant overhead trackage rights to Soo Line Railroad Company (Soo), a Class I railroad, over its trackage between milepost 15.35+/- at Franklin Park to milepost 18.75+/- at Schiller Park, Cook County, IL, a total of approximately 3.40+/- miles of rail line. The transaction was scheduled to be consummated on July 19, 1996. The trackage rights will enable Soo to operate its trains to and from its intermodal facility located at Schiller Park, IL. Decided: July 18, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32997] Soo Line Railroad Company--Trackage Rights Exemption--Wisconsin Central Ltd. Wisconsin Central Ltd. (WCL), a Class II railroad, will agree to grant overhead trackage rights to Soo Line Railroad Company (Soo), a Class I railroad, over its trackage between milepost 10.9+/- at Forest Park to milepost 16.78+/- at Franklin Park, Cook County, IL, a total of approximately 5.88+/- miles of rail line. The transaction was scheduled to be consummated on July 19, 1996. The trackage rights will enable Soo to operate its trains between Forest Park and Franklin Park, IL. Decided: July 18, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 32995] Wisconsin Central Ltd. and Soo Line Railroad Company--Joint Relocation Project Exemption--Schiller Park, IL Wisconsin Central Ltd. (WCL), a Class II railroad, and Soo Line Railroad Company, d/b/a CP Rail System, (Soo), a Class I railroad, have jointly filed a notice of exemption under 49 CFR 1180.2(d)(5) to enter into a project to exchange rail lines through a rail yard in Schiller Park, IL (Schiller Park Yard). In Wisconsin Central Ltd.--Exemption Acquisition and Operation--Certain Lines of Soo Line Railroad Company, Finance Docket No. 31102 (ICC served Sept. 11, 1987, Oct. 8, 1987 and July 28, 1988), WCL acquired Soo's line extending south from the Wisconsin border to Forest Park, in the Chicago area. Soo, however, retained ownership of the Schiller Park Yard, for use as an intermodal facility. WCL's main line bisects the yard on a 66-foot right of way. Because of potential difficulties with this arrangement, WCL and Soo agreed to exchange operational control of routes through Schiller Park Yard. Under that arrangement, until such time as Soo relocated its intermodal facility from Schiller Park Yard, WCL would temporarily operate Soo's Gauntlet Track around the Schiller Park Yard, and Soo would temporarily assume control of WCL's Track 6 and 7. That arrangement has continued since 1987. To unify the underlying ownership interest in the affected lines with existing operational patterns, to facilitate efficient train operations, and to accommodate an on-going commuter rail project on WCL's line being undertaken by Metra, the commuter rail authority for the metropolitan Chicago area, WCL and Soo have determined that a permanent restructuring of property rights at Schiller Park Yard is warranted. WCL will acquire Soo's Gauntlet Track extending from the current Soo property line at milepost16.28 to milepost 18.60, a distance of approximately 2.3 miles. Soo will acquire WCL's main line through Schiller Park Yard (Tracks 6 and 7) extending from milepost 16.78 to milepost 18.60 , a distance of approximately 1.8 miles. WCL will temporarily retain the right to operate on a portion of Track 7 as part of a bypass route while the Gauntlet Track is upgraded. The notice states that, because WCL already controls, maintains, and operates over the Gauntlet Track, and Soo already controls, maintains, and operates over Tracks 6 and 7, this property exchange will not change existing rail operations or service, or expand operations of WCL or Soo into new territory. Under these circumstances, the transaction qualifies for the class exemption at 49 CFR 1180.2(d)(5). Decided: July 18, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32999] Nebraska Northeastern Railway Company; Acquisition and Operation Exemption; Burlington Northern Railroad Company Nebraska Northeastern Railway Company (NNR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 120.4 miles of rail line from Burlington Northern Railroad Company, between milepost 4.0 near Ferry Station, NE, and milepost 124.4 at O'Neill, NE. The transaction was to have been consummated on or after July 19, 1996. NNR erroneously has indicated the milepost at O'Neill to be milepost 120.4. Their map, however, indicates O'Neill at milepost 124.4. Decided: July 19, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33000] TNW Corporation; Continuance in Control Exemption; Nebraska Northeastern Railway Company TNW Corporation (TNW), a noncarrier, has filed a notice of exemption to continue in control of Nebraska Northeastern Railway Company (NNR), upon NNR's becoming a Class III rail carrier. The transaction was to have been consummated on or after July 19, 1996. TNW controls two other nonconnecting Class III rail carriers: Texas North Western Railway Company and the Texas, Gonzales & Northern Railway Company operating in Texas. TNW states that: (1) NNR will not connect with any of the other railroads in its corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect NNR with any other railroad in its corporate family; and (3) the transaction does not involve a Class I railroad. The transaction therefore is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Decided: July 19, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32829] Saginaw Valley Railway Company, Inc.; Acquisition Exemption; CSX Transportation, Inc. ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10505, the acquisition by Saginaw Valley Railway Company, Inc., of 51.32 miles of rail line in the State of Michigan from milepost CBD 4.50 near Hoyt, just east of Saginaw, to milepost CBD 55.82, near Brown City, is exempted from the prior approval requirements of 49 U.S.C. 11343-45, subject to standard labor protective conditions. DATES: The exemption will be effective August 8, 1996. Decided: July 17, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 100X)] Union Pacific Railroad Company--Discontinuance of Service Exemption--in Washington County, ID Union Pacific Railroad Company (UP) has filed a notice of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon a 0.50-mile portion of the New Meadows Branch from milepost 0.50 to the end of the line at milepost 1.00, near Weiser, in Washington County, ID. UP 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 August 28, 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: July 22, 1996. ============================================================================= Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==============================================================================