DOT REPORT #17 - August, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between August 1 - 15, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Pickens Railway Acquisition Company (d/b/a Pickens Railway Company)--Acquisition Exemption--Norfolk Southern Railway Company Cen-Tex Rail Link, Ltd.--Merger Exemption--South Orient Railroad Company, Ltd. CSX Corporation and CSX Transportation, Inc.--Control--The Indiana Rail Road Company New Hampshire and Vermont Railroad Company--Abandonment Exemption--in Coos County, NH R.J. Corman Railroad Company/Western Ohio Line--Acquisition Exemption--Lines of Consolidated Rail Corporation New Hampshire and Vermont Railroad Company--Abandonment Exemption--in Coos and Grafton Counties, NH PL&W, Inc.--Abandonment Exemption--in Columbiana County, OH and Beaver County, PA Norfolk Southern Railway Company--Lease Exemption--CSX Transportation, Inc. Petition for Waiver of Compliance Petition for Waiver of Compliance Missouri Pacific Railroad Company--Abandonment--Hope-Bridgeport Line in Dickinson and Saline Counties, KS The Denver and Rio Grande Western Railroad Company--Discontinuance of Trackage Rights--Hope-Bridgeport Line in Dickinson and Saline Counties, KS Missouri Pacific Railroad Company--Abandonment--Towner-NA Junction Line in Kiowa, Crowley, and Pueblo Counties, CO The Denver and Rio Grande Western Railroad Company--Discontinuance of Trackage Rights--Towner-NA Junction Line in Kiowa, Crowley, and Pueblo Counties, CO Missouri Pacific Railroad Company--Abandonment Exemption--Gurdon- Camden Line in Clark, Nevada, and Ouachita Counties, AR Missouri Pacific Railroad Company--Abandonment Exemption--Iowa Junction Line-Manchester Line in Jefferson Davis and Calcasieu Parishes, LA Missouri Pacific Railroad Company--Abandonment Exemption-- Whitewater-Newton Line in Butler and Harvey Counties, KS Missouri Pacific Railroad Company--Abandonment Exemption--Troup- Whitehouse Line in Smith County, TX Southern Pacific Transportation Company--Abandonment Exemption-- Wendel-Alturas Line in Modoc and Lassen Counties, CA Southern Pacific Transportation Company--Abandonment Exemption-- Suman-Bryan Line in Brazos and Robertson Counties, TX Southern Pacific Transportation Company--Abandonment Exemption-- Seabrook-San Leon Line in Galveston and Harris Counties, TX The Denver and Rio Grande Western Railroad Company-- Discontinuance--Malta-Canon City Line in Lake, Chaffee, and Fremont Counties, CO Southern Pacific Transportation Company--Abandonment-- Malta-Canon City Line in Lake, Chaffee, and Fremont Counties, CO The Denver and Rio Grande Western Railroad Company-- Discontinuance Exemption--Sage-Malta-Leadville Line in Eagle and Lake Counties, CO Southern Pacific Transportation Company--Abandonment Exemption-- Sage-Malta-Leadville Line in Eagle and Lake Counties, CO Union Pacific Railroad Company--Abandonment--Barr-Girard Line in Menard, Sangamon and Macoupin Counties, IL Union Pacific Railroad Company--Abandonment Exemption-- Edwardsville-Madison Line In Madison County, IL Union Pacific Railroad Company--Abandonment Exemption--Little Mountain Junction--Little Mountain Line in Box Elder and Weber Counties, UT Union Pacific Railroad Company--Abandonment Exemption--Magnolia Tower-Melrose Line in Alameda County, CA Union Pacific Railroad Company--Abandonment Exemption--in DeCamp- Edwardsville Line in Madison County, IL Union Pacific Railroad Company--Abandonment Exemption--Whittier Junction-Colima Junction Line in Los Angeles County, CA Berlin Mills Railway, Inc.--Acquisition Exemption--New Hampshire and Vermont Railroad, Inc. Fort Worth and Western Railroad Company--Acquisition Exemption-- Line of The Atchison, Topeka and Santa Fe Railway Company Warren & Trumbull Railroad Company--Acquisition Exemption--Lines of Consolidated Rail Corporation Norfolk and Western Railway Company--Acquisition Exemption-- Consolidated Rail Corporation ======================================================================= DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32991] Pickens Railway Acquisition Company (d/b/a Pickens Railway Company)--Acquisition Exemption--Norfolk Southern Railway Company Pickens Railway Acquisition Company (d/b/a Pickens Railway Company) (PKHP), a Class III rail carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire by lease and grant of trackage rights from the Norfolk Southern Railway Company 19.27 route miles of railroad line. The lines to be leased extend between milepost V-117.77 and milepost V-116.85, at or near Belton, and between milepost V-115.15, at or near Belton, and milepost V-109.50, at or near Honea Path, a total of 6.57 miles, in Anderson County, SC. The lines over which trackage rights are to be granted extend between milepost 116.85 and milepost V- 115.15, at or near Belton, and between milepost Z-0.00, at or near Belton, and milepost Z-11.00, at or near Anderson, a total of 12.70 miles, in Anderson County, SC. PKHP will operate the property. The transaction is scheduled to be consummated on or after August 1, 1996. By letter dated June 25, 1996, applicant's representative advised the Board that the name of the railroad which was the subject of the notice of exemption in Pickens Railway Company-- Acquisition and Operation Exemption--The Pickens Railroad Company, STB Finance Docket No. 32897 (STB served May 1, 1996), should be changed to Pickens Railway Acquisition Company (d/b/a Pickens Railway Company). Decided: July 26, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32951] Cen-Tex Rail Link, Ltd.--Merger Exemption--South Orient Railroad Company, Ltd. Cen-Tex Rail Link, Ltd. (Cen-Tex) has filed a notice of exemption to merge with South Orient Railroad Company, Ltd. (SORC). Cen-Tex and SORC are commonly controlled Class III rail carriers that own and operate rail property in Texas. Under the Agreement and Plan of Merger, SORC will be merged with and into Cen-Tex, which will be the successor partnership. The name of the surviving partnership would be changed from Cen-Tex Rail Link, Ltd. to South Orient Railroad Company Ltd. The transaction was to be consummated on or after July 18, 1996. Because the parties are members of the same corporate family, and the merger will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers operating outside the corporate family, the transaction qualifies for the class exemption at 49 CFR 1180.2(d)(3). The purpose of the transaction is to streamline corporate functions and improve the efficiency of the surviving entity. Decided: July 26, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32892] CSX Corporation and CSX Transportation, Inc.--Control--The Indiana Rail Road Company ACTION: Notice of acceptance of application. SUMMARY: The Board accepts for consideration the application filed July 3, 1996, by CSX Corporation (CSX), CSX Transportation, Inc. (CSXT), and The Indiana Rail Road Company (INRD) (collectively, applicants), for CSX and CSXT to acquire control of INRD. In accordance with 49 CFR 1180.4(b)(2)(iv), the Board finds that this is a minor transaction as described in 49 CFR 1180.2(c). DATES: This decision is effective on August 2, 1996. SUPPLEMENTARY INFORMATION: Applicants seek approval under 49 U.S.C. 11323-25 for CSX and CSXT to acquire control of INRD by acquiring a controlling interest in Midland United Corporation (Midland), the noncarrier holding company that owns INRD. CSXT is a Class I rail carrier wholly owned by CSX, a noncarrier, and operates approximately 19,000 miles of track in 20 states, the District of Columbia, and the province of Ontario, Canada. INRD is a Class III rail carrier that operates approximately 155 miles of track between Newton, IL, and Indianapolis, IN. CSXT's lines, relevant to this transaction, run essentially north and south, while INRD's line runs essentially east and west. INRD and CSXT have direct connections at Sullivan and Bloomington, IN, and an indirect connection at Indianapolis, IN, through which they interchange freight traffic. The principal commodity handled by INRD is Indiana coal. In 1995, INRD transported approximately 34,000 carloads of Indiana coal, which is more than 60% of its total annual carloads of approximately 56,000. According to applicants, Indiana coal is currently available from a number of mine sources served by Soo Line Railroad Company (Soo), INRD, and Indiana Southern Railroad Company (ISRR). Applicants argue that the availability of coal from mine sources located in neighboring states as well as from western coal mines creates competition in coal transportation services for shippers and receivers served by INRD. Applicants submit that the wide variety of coal source and transportation options precludes any significant competitive harm as a result of the proposed transaction. In support of its contention that the proposed transaction is unlikely to affect, much less diminish, competition for INRD's shippers and receivers, applicants provide the following traffic data. Approximately two-thirds of INRD's coal traffic consists of movements to electric power generating utility plants served directly by INRD. Nearly one-half of that traffic moved in all-local service from two active INRD-served mines at Switz City, IN. The remainder of INRD's terminating coal traffic consisted of interline movements originating at mines served by Soo and/or ISRR. With only one exception, generating fewer than 1,000 carloads of INRD traffic in 1995, those mines are not served by CSXT. All of INRD's interline-received coal traffic served utility plants that currently are served either exclusively by INRD or by two rail carriers other than CSXT. Only one coal receiver located on INRD's line currently can be served directly by CSXT. The remainder of INRD's 1995 coal traffic (approximately 12,000 carloads) moved in joint-line service with Soo, ISRR, and/or Conrail to utilities and industrial users in Indiana, Wisconsin, and Iowa, and none of those receivers is served by CSXT. Therefore, applicants conclude that the common control of INRD and CSXT will not diminish competition for INRD-originating coal traffic. INRD also provides overhead haulage services for CSXT between Bloomington and Sullivan, which accounted for approximately 10% of INRD's traffic in 1995. The largest share of INRD's non-coal traffic, approximately 8,200 carloads in 1995, originated or terminated at local industries on INRD's main line at Robinson, IL. INRD is the only rail carrier serving Robinson. Less than 10% of INRD's 1995 traffic consisted of farm products (primarily grain) that originated at one of three country elevators located on INRD's main line between Newton and Sullivan. Applicants submit that the proposed transaction will strengthen grain competition by enhancing rail service between INRD origins and CSXT long-haul destinations, thereby improving access to potential markets for Indiana and Illinois grain producers. CSXT owns 40% of Midland's issued and outstanding voting common stock, as well as options to acquire the remaining 60% of Midland's stock and certain nonvoting covertible preferred stock. CSXT proposes to acquire control of INRD through control of Midland, either by converting its preferred stock or by exercising its options to purchase the remainder of the outstanding common stock. By decision served May 3, 1996, in this proceeding, the Board granted a waiver to permit applicants to file this application without disclosing the consideration to be paid in connection with the transaction. Applicants maintain that the proposed transaction will preserve the quality of INRD's transportation services, improve those services through better coordination of operations and marketing with CSXT, and allow the pursuit of opportunities for operating efficiencies and expanded marketing through common ownership and operation. They state that the acquisition of control provides a financially attractive investment opportunity for CSXT, and that INRD's rail operations are a natural complement to those of CSXT, strengthening their existing operating relationship and facilitating joint marketing of their rail services and tighter coordination of their operations. It will also allow INRD to enhance its services to its customers and provide greater access to CSXT's supply of freight cars. Applicants propose to maintain INRD as a separate subsidiary for the foreseeable future, operating essentially in the same manner as it does today, with no significant changes in operations or service. Under CSXT's current operating plan, only modest operating efficiencies, marketing considerations, and service improvements are contemplated, while preserving INRD's existing schedules and services. If, however, CSXT later acquires the balance of Midland's common stock under the terms of its Option Agreement, applicants indicate that it is possible that CSXT will seek to coordinate more closely the carriers' operations. Applicants state that there are no present plans to close any existing interline route or to alter or cancel any existing divisions with connecting carriers. Applicants submit that the proposed transaction will have no adverse impact on employees, and that all CSXT and INRD employees will retain their existing positions and responsibilities. Under 49 CFR part 1180, we must determine whether a proposed transaction is major, significant, or minor. The proposed transaction, which involves the control by a Class I rail carrier of a Class III rail carrier, has no regional or national significance and will clearly not have any anticompetitive effects. We conclude that the competitive and operational effects of CSXT's control of INRD would be minimal and that none is adverse. Moreover, it appears that there is considerable potential for improved coordination of operations and marketing between CSXT and INRD that will positively affect the services provided by both carriers, especially INRD. Accordingly, we find the proposal to be a minor transaction under 49 CFR 1180.2(c), consistent with the categories of transactions now defined at 49 U.S.C. 11325(a). Because the application complies with the applicable regulations governing minor transactions, we are accepting it for consideration. Decided: July 25, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-475 (Sub-No. 2X)] New Hampshire and Vermont Railroad Company--Abandonment Exemption--in Coos County, NH New Hampshire and Vermont Railroad Company (NHVT) has filed a notice of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments and Discontinuances to discontinue service over approximately 1.1 miles of railroad from milepost 154.6 (Station 1587.50 on Val. Sec. 24.2), to milepost 155.7 (Station 1645+23.5 on Val. Sec. 24.2), in Berlin Coos County, NH. NHVT 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 September 3, 1996, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Decided: July 29, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32950] R.J. Corman Railroad Company/Western Ohio Line--Acquisition Exemption--Lines of Consolidated Rail Corporation R.J. Corman Railroad Company/Western Ohio Line (RJCW), a Class III rail carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire rail lines of Consolidated Rail Corporation in Darke County, OH, extending between: (1) Milepost 151.3, at Ansonia, and milepost 160.64, at Greenville; (2) milepost 95.00 and milepost 94.46, in Meekers; and (3) milepost 92.30 and milepost 96.45, in Greenville, a total distance of approximately 14.03. RJCW will operate the property. The transaction is scheduled to be consummated on or after July 31, 1996. Decided: July 30, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-475X] New Hampshire and Vermont Railroad Company--Abandonment Exemption--in Coos and Grafton Counties, NH New Hampshire and Vermont Railroad Company (NHVT) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances to discontinue service over approximately 38.2 miles of railroad between milepost 149.4 (Station 1302+00 on Val. Sec. 24.2), in Gorham, and milepost 130.5 (Station 314+60 on Val. Sec. 24.2), in Waumbek Junction (Jefferson), and between milepost 113.0 (Station 995+66 on Val. Sec. 22), in Littleton, and milepost 93.7 (Station 4944+35 on Val. Sec. 21), in Woodsville, in Coos and Grafton Counties, NH. NHVT 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 September 4, 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 29, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-476 (Sub-No. 1X)] PL&W, Inc.--Abandonment Exemption--in Columbiana County, OH and Beaver County, PA PL&W, Inc. (PL&W) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon its entire line of railroad between milepost 0.0 at Negley, in Columbiana County, OH, and the end of the Smith's Ferry Branch at Smith's Ferry, in Beaver County, PA, a distance of 9.0 miles. PL&W 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 4 9 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. Where, as here, the carrier is abandoning its entire line, the Board does not normally impose labor protection under 49 U.S.C. 10505(g) unless the evidence indicates the existence of a corporate affiliate that will: (1) Continue rail operations; or (2) realize significant benefits in addition to being relieved of the burden of deficit operations by its affiliated railroad. Because these conditions do not appear to exist here, employee protection conditions will not be imposed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on September 4, 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 30, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32923] Norfolk Southern Railway Company--Lease Exemption--CSX Transportation, Inc. ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board exempts, from the prior approval requirements of 49 U.S.C. 11323-25, the lease by Norfolk Southern Railway Company (NSR) of approximately 13 miles of rail line from CSX Transportation, Inc. (CSXT), subject to standard labor protective conditions. The line to be leased extends from the western end of Middlesboro Yard at milepost CV-215 to the eastern end of CSXT's tunnel at Cumberland Gap, TN, at milepost CV-219.5, and includes two related branches, the Bennett's Fork Branch between milepost MR-216.1 near Queensbury, KY, and milepost MR-221, near Motch, KY, and the Stony Fork Branch between milepost MS-219 at Stony Fork Junction, KY, and milepost MS-221, near Pioneer, KY (including one mile of track leased to Bell County Coal Corporation). NSR has agreed to grant back trackage rights so that CSXT may continue to serve shippers on these lines. DATES: This exemption will be effective September 5, 1996. Decided: July 30, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with 49 CFR Sections 211.9 and 211.41 notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance from certain requirements of Federal railroad safety regulations. The individual petition is described below, including the parties seeking relief, the regulatory provisions involved and the nature of the relief being requested. National Railroad Passenger Corporation (Waiver Petition Docket Number H-96-1) The National Railroad Passenger Corporation (Amtrak) seeks a waiver of compliance under Part 211.51, Tests, to allow them to develop, implement, and test technology designed to prevent train collisions and overspeed violations. The National Railroad Passenger Corporation (Amtrak) has initiated a pilot program to develop, install, test, demonstrate, and finally place in revenue service a communications based train control system in Amtrak's Detroit to Chicago Corridor. This train control system, referred to as ``High Speed Positive Train Control System'' (HS/PTC) is designed to prevent train collisions and overspeed violations, to provide fail-safe advance start for highway crossing warning systems, to provide capability for delivering selected highway crossing ``health'' conditions to approaching trains, and to provide protection for temporary track obstructions and slow orders. The initial installation for test purposes is being installed between Signal 175 (east of Dowagiac, MI) and Signal 195 (west of Niles, MI). Concurrent with testing in this 20 mile ``test bed'', the first phase will be extended to Signal 156 (east of Lawton, MI) and to Signal 205 (west of Dayton, MI), a total distance of approximately 49 miles. Phase 2 will extend the system westward to Signal 216 (east of New Buffalo, MI) and eastward to Signal 145 (west of Kalamazoo, MI). An extension to ``BO'' Interlocking, just east of Kalamazoo is now being planned, adding two additional miles to the territory, for a total distance of 73 miles. The initial test bed will include two controlled sidings and four interlockings: CP178, CP180, CP190, and CP192. The first phase will include the initial test bed plus three additional controlled sidings and six additional interlockings: CP160, CP161, CP171, CP172, CP200, and CP202, for a total of five controlled sidings and ten interlockings. The second phase will include two additional controlled sidings and three additional interlockings, CP147, CP211, and CP213, for a total of seven controlled sidings, and thirteen interlockings on a contiguous 73 mile, basically single track line. The HS/PTC uses the existing signal system as a basis for determining availability of track sections and routes. This signal status information will be transmitted to approaching trains by ATCS (900 MHZ) data radio. Wayside interface units are being installed at all signal locations, control points and grade crossings to monitor the signal aspects, monitor track and switch statuses, and provide advance start control as well as monitoring of the grade crossing warning systems. Selected wayside locations will also function as servers to collect data from adjoining locations through a wayside LAN, and communicate with trains. The servers will also be in communication with the central control facility over the Office-Wayside Link (OWL). The wayside LAN utilizes low power spread spectrum radios also in a portion of the 900 MHZ spectrum. The OWL will utilize an existing communications cable. The HS/PTC is being overlaid upon the existing signal system, taking advantage of the vital safety logic already built into the signal system. The signal system with interlockings at the controlled sidings, and full automatic block signal protection for both opposing and following moves, is operated as a traditional ``CTC'' system, controlled from Michigan City Indiana. Electronic coded D.C. track circuits are used for train detection and for block and traffic control. The HS/PTC system is based upon the ``ITCS'' (Incremental Train Control System) developed by Harmon Industries, Inc. Amtrak has three requests in connection with this project. In request No. 1 Amtrak requests FRA permission to operate non-revenue test trains at speeds in excess of 79 mph, not to exceed 110 mph, for test and demonstration purposes only, with the following conditions proposed by Amtrak: 1. The portion of the test track between CP 192 (Niles, MI) and Signal 175 (east of Dowagiac, MI) will meet Class 5 requirements for speeds up to 90 mph and Class 6 requirements for speeds exceeding 90 mph. 2. Speeds in the 80 mph to 110 mph range will be limited to that portion of the single main track between CP192 and Signal 175 until Amtrak and FRA are fully satisfied that the HS/PTC under test meets all of Harmon's, Amtrak's and FRA's safety requirements. 3. All test trains operating over 79 mph in this area will be protected by an absolute block to the front of the train. Westward trains will have a clear track from Signal 175 to Signal 195 with routes over normal switches lined and locked at CP's 178, 180, 190, and 192 before the train is given authority to exceed 79 mph and before it passes Signal 175. Eastward trains will have a clear track from CP192 to CP171 with routes over normal switches lined and locked at CP's 192, 190, 180, 178 and 172 before the train is given authority to exceed 79 mph and before it passes CP192. 4. No train will be allowed to move on adjacent tracks during a high speed test or demonstration run. Controlled sidings between CP178 and CP180 and between CP190 and CP192 will either be clear of trains or trains will be instructed not to move during a test run on the adjacent main track at any speed exceeding 79 mph. 5. All public highway grade crossings will be properly protected by flag protection or by a minimum crossing warning time of 20 seconds. Private grade crossings will be closed, temporarily blocked, flagged, or protected by stop signs and a specially designed indicator. 6. Permission granted under Request No. 1 will expire upon placing the first section of this HS/PTC in regular revenue service as a fully accepted train control system. Request No. 2 Amtrak requests that FRA, during the interim test period, not view the HS/PTC system under test as a valid train control system within the scope of Title 49 CFR, Parts 216, 217, 218, 229, 233, 235, 236 or 240. This request is made with the following conditions to be provided by Amtrak: 1. The HS/PTC system will not be ``turned on'' for an equipped regular revenue train operating through the test area unless the engineer is accompanied by a qualified Amtrak manager, and then only for the purpose of developing data on the system and/or for preliminary training purposes. 2. Except as provided in Condition No. 1, the HS/PTC will be ``turned on'' only for test and demonstration runs. Any such runs exceeding 79 mph will meet Conditions 1 through 5 proposed under Request No. 1. 3. Permission granted under Request No. 2 would expire upon placing the first section of this HS/PTC in regular revenue service as a fully accepted train control system. At this time, all applicable Title 49 CFR Parts would become effective. The termination of the interim test period as outlined above would coincide with full revenue implementation of the first portion of the HS/PTC. This would follow fullassurance by Harmon, Amtrak and FRA that the system meets all Harmon, Amtrak and FRA safety requirements. Request No. 3 Amtrak requests FRA safety representation and full involvement in all phases of the test program. Issued in Washington, D.C. on August 1, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Title 49 CFR 211.9 and 211.41, notice is hereby given that the Federal Railroad Administration (FRA) has received a request for waiver of compliance with certain requirements of the Federal safety laws and regulations. The individual petition is 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. Boone & Scenic Valley (BSV) Railroad (Waiver Petition Docket Number PB-96-1) The Iowa Railroad Historical Society, Boone & Scenic Valley (BSV) Railroad, seeks a permanent waiver of compliance from Title 49, Part 232, Section 17(b)(2) on passenger cars equipped with U type air brakes by extending the clean, oil, test, and stencil (COT&S) period from 15 calendar months to 15 operating months. BSV seeks relief for their eight antique passenger cars built in years 1927-1929, from the present requirements to perform COT&S as required by Sec. 232.17(b)(2) and specified in Standard S-045 in the Manual of Standards and Recommended Practices of the Association of American Railroads A-III-256, Section 2.1.2. The BSV is a non-profit tourist line that operates only 6 months a year, with one trip per day during the week and 3 trips on Saturday and Sunday over a 15-mile, captive service route originating in Boone, Iowa. BSV explains that they have been performing the COT&S every 12 calendar months at considerable expense for 6 months of operation and that by granting this waiver, they would perform the COT&S every 24 months for 12 months of operation. Title 49 CFR 232.17 ``Freight and passenger train car brakes'' states in Part (b)(2): Brake equipment on passenger cars must be cleaned, repaired, lubricated, and tested as often as necessary to maintain it in a safe and suitable condition for service but not less frequently than as required in Standard S-045 in the Manual of Standards and Recommended Practices of the AAR. Issued in Washington, DC on August 5, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-3 (Sub-No. 131)] Missouri Pacific Railroad Company--Abandonment--Hope-Bridgeport Line in Dickinson and Saline Counties, KS [Docket No. AB-8 (Sub-No. 37)] The Denver and Rio Grande Western Railroad Company--Discontinuance of Trackage Rights--Hope-Bridgeport Line in Dickinson and Saline Counties, KS These proceedings are embraced in Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. ACTION: Notice of findings. SUMMARY: The Board has found that the public convenience and necessity permit the Missouri Pacific Railroad Company (MPRR) to abandon, and The Denver and Rio Grande Western Railroad Company to discontinue its trackage rights on, a line of railroad extending from milepost 459.20 near Hope to milepost 491.20 near Bridgeport, a distance of approximately 31.24 miles (milepost 478.05 = milepost 478.81) in Dickinson and Saline Counties, KS, subject to standard employee protective conditions, environmental conditions, and a 180-day trail use condition, all of which are set forth in Decision No. 44, served on August 12, 1996, in Finance Docket No. 32760. DATES: The Board's decision will be effective on September 11, 1996. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-3 (Sub-No. 130)] Missouri Pacific Railroad Company--Abandonment--Towner-NA Junction Line in Kiowa, Crowley, and Pueblo Counties, CO [Docket No. AB-8 (Sub-No. 38)] The Denver and Rio Grande Western Railroad Company--Discontinuance of Trackage Rights--Towner-NA Junction Line in Kiowa, Crowley, and Pueblo Counties, CO These proceedings are embraced in Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. ACTION: Notice of findings. SUMMARY: The Board has found that the public convenience and necessity permit the Missouri Pacific Railroad Company (MPRR) to abandon, and The Denver and Rio Grande Western Railroad Company to discontinue its overhead trackage rights operations over, MPRR's Towner-NA Junction Line, which extends between MP 869.4 near NA (North Avondale) Junction, CO, and MP 747.0 near Towner, CO, a distance of approximately 122.4 miles in Pueblo, Crowley, and Kiowa Counties, CO, subject to standard employee protective conditions, environmental conditions, and a 180-day trail use condition, all of which are set forth in Decision No. 44, served on August 12, 1996, in Finance Docket No. 32760. DATES: The Board's decision will be effective on September 11, 1996. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-3 (Sub-No. 129X)] Missouri Pacific Railroad Company--Abandonment Exemption--Gurdon- Camden Line in Clark, Nevada, and Ouachita Counties, AR This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. 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 Missouri Pacific Railroad Company of its 28.7-mile rail line between milepost 428.3 near Gurdon and milepost 457.0 near Camden in Clark, Nevada, and Ouachita Counties, AR, subject to standard labor protective conditions, and environmental and historic preservation conditions as set forth in Decision No. 44, served on August 12, 1996, in Finance Docket No. 32760. DATES: Provided no formal expression of intent to file an offer of financial assistance has been received, this exemption will be effective on September 11, 1996. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-3 (Sub-No. 133X)] Missouri Pacific Railroad Company--Abandonment Exemption--Iowa Junction Line-Manchester Line in Jefferson Davis and Calcasieu Parishes, LA ACTION: Notice of exemption. This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. 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 Missouri Pacific Railroad Company of its approximately 8.5-mile rail line between milepost 680.0 near Iowa Junction and milepost 688.5 near Manchester in Jefferson Davis and Calcasieu Parishes, LA, subject to standard labor protective conditions, environmental conditions, a 180- day trail use condition, and a 180-day public use condition, all of which are set forth in Decision No. 44, served on August 12, 1996, in Finance Docket No. 32760. DATES: Provided no formal expression of intent to file an offer of financial assistance has been received, this exemption will be effective on September 11, 1996. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-3 (Sub-No. 132X)] Missouri Pacific Railroad Company--Abandonment Exemption-- Whitewater-Newton Line in Butler and Harvey Counties, KS This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. Missouri Pacific Railroad Company (MPRR) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon a 9.0-mile portion of the Newton-Whitewater line (portion of McPherson Branch) from milepost 476.0 near Whitewater to milepost 485.0 near Newton, in Butler and Harvey Counties, KS. MPRR states that the abandonment does not include active industries at Whitewater or Newton, KS. MPRR also states that it intends to consummate the abandonment on or after the effective date of the Board's approval in Finance Docket 32760. MPRR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic can be rerouted over other rail lines; (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 September 11, 1996, unless stayed pending reconsideration. Public use or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-3 (Sub-No. 134X)] Missouri Pacific Railroad Company--Abandonment Exemption--Troup- Whitehouse Line in Smith County, TX This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. Missouri Pacific Railroad Company (MPRR) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon approximately 7.5 miles of the Troup- Whitehouse line (portion of the Tyler Industrial Lead) extending from milepost 0.50 near Troup to milepost 8.0 near Whitehouse, in Smith County, TX.\3\ MPRR states that the abandonment does not include active industries at Troup or Whitehouse, TX. MPRR also states that it intends to consummate the abandonment on or after the effective date of the Board's approval in Finance Docket No. 32760. MPRR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic will be rerouted over other lines; (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 September 11, 1996, unless stayed pending reconsideration. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-12 (Sub-No. 184X)] Southern Pacific Transportation Company--Abandonment Exemption-- Wendel-Alturas Line in Modoc and Lassen Counties, CA This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. 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 Southern Pacific Transportation Company of its 85.5-mile rail line between milepost 360.1 near Wendel and milepost 445.6, near Alturas, in Modoc and Lassen Counties, CA, subject to standard labor protective conditions, environmental and historic preservation conditions, a 180- day trail use condition, and a 180-day public use condition, all of which are set forth in Decision No. 44, served on August 12, 1996, in Finance Docket No. 32760. DATES: Provided no formal expression of intent to file an offer of financial assistance has been received, this exemption will be effective on September 11, 1996. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-12 (Sub-No. 185X)] Southern Pacific Transportation Company--Abandonment Exemption-- Suman-Bryan Line in Brazos and Robertson Counties, TX Southern Pacific Transportation Company (SPT) originally petitioned to abandon the entire 16.2-mile Suman-Bryan Line in Brazos and Robertson Counties, TX. SPT later modified the petition by excluding the rail segment between milepost 105.7 and milepost 101.4 near Bryan, TX. Now, the line sought to be abandoned lies solely in Robertson County, TX. We are, however, for administrative convenience retaining the original title of this proceeding. ACTION: Notice of exemption. SUMMARY: The Board, under 49 U.S.C. 10505, exempts from the prior approvalrequirements of 49 U.S.C. 10903-04 the abandonment by Southern Pacific Transportation Company of its 12.53-mile rail line between milepost 117.6 near Suman and milepost 105.7 near Benchley in Robertson County, TX, subject to standard labor protective conditions, environmental and historic preservation conditions, and a 90-day public use condition, all of which are set forth in Decision No. 44, served on August 12, 1996, in Finance Docket No. 32760. DATES: Provided no formal expression of intent to file an offer of financial assistance has been received, this exemption will be effective on September 11, 1996. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-12 (Sub-No. 187X)] Southern Pacific Transportation Company--Abandonment Exemption-- Seabrook-San Leon Line in Galveston and Harris Counties, TX Southern Pacific Transportation Company (SPT) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon approximately 10.5 miles of its Seabrook-San Leon Line from milepost 30.0 near Seabrook, to milepost 40.5 near San Leon, in Galveston and Harris Counties, TX. This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. SPT indicates that it intends to consummate the abandonment on or after the effective date of the Board's approval in Finance Docket No. 32760. SPT 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 September 11, 1996, unless stayed pending reconsideration. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-8 (Sub-No. 39)] The Denver and Rio Grande Western Railroad Company-- Discontinuance--Malta-Canon City Line in Lake, Chaffee, and Fremont Counties, CO [Docket No. AB-12 (Sub-No. 188)] Southern Pacific Transportation Company--Abandonment-- Malta-Canon City Line in Lake, Chaffee, and Fremont Counties, CO These proceedings are embraced in Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. ACTION: Notice of findings. SUMMARY: The Board has found that the public convenience and necessity permit the Southern Pacific Transportation Company and The Denver and Rio Grande Western Railroad Company to discontinue operations on a line of railroad extending from milepost 271.0 near Malta to milepost 162.0 near Canon City, a distance of 109 miles in Lake, Chaffee, and Fremont Counties, CO, subject to standard employee protective conditions and environmental conditions set forth in Decision No. 44, served on August 12, 1996, in Finance Docket No. 32760. Accordingly, the application of the Southern Pacific Transportation Company to abandon and discontinue service over this line is granted in part (discontinuance authority is granted) and denied in part (abandonment authority is denied). DATES: The Board's decision will be effective on September 11, 1996. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-8 (Sub-No. 36X)] The Denver and Rio Grande Western Railroad Company-- Discontinuance Exemption--Sage-Malta-Leadville Line in Eagle and Lake Counties, CO [Docket No. AB-12 (Sub-No. 189X)] Southern Pacific Transportation Company--Abandonment Exemption-- Sage-Malta-Leadville Line in Eagle and Lake Counties, CO This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. 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 discontinuance of operations by the Denver and Rio Grande Western Railroad Company and by the Southern Pacific Transportation Company over a 69.1-mile line of railroad between milepost 335.0 near Sage and milepost 270.0 near Malta, and between milepost 271.0 near Malta and milepost 276.1 near Leadville, in Eagle and Lake Counties, CO, subject to standard labor protective conditions and continued access for Viacom International, Inc. to the Eagle Mine site to facilitate ongoing remediation activities, as set forth in Decision No. 44, served on August 12, 1996, in Finance Docket No. 32760. In Decision No. 44, the Board is granting the petition in Docket No. AB-12 (Sub-No. 187X), in part (discontinuance authority is being granted) and denying it in part (abandonment authority is being denied). No trail use or public use conditions can be imposed because only authority for discontinuances is being granted. DATES: Provided no formal expression of intent to file an offer of financial assistance has been received, this exemption will be effective on September 11, 1996. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-33 (Sub-No. 96)] Union Pacific Railroad Company--Abandonment--Barr-Girard Line in Menard, Sangamon and Macoupin Counties, IL This proceeding is embraced in Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. ACTION: Notice of findings. SUMMARY: The Board has found that the public convenience and necessity permit the Union Pacific Railroad Company to abandon approximately 38.4 miles of rail line extending near milepost 51.0 near Barr to milepost 89.4 near Girard in Menard, Sangamon, and Macoupin Counties, IL, subject to standard employee protective conditions, environmental and historic preservation conditions, a 180-day public use condition, and a 180-day trail use condition, all of which are set forth in Decision No. 44, served on August 12, 1996, in Finance Docket No. 32760. DATES: The Board's decision will be effective on September 11, 1996. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-33 (Sub-No. 98X)] Union Pacific Railroad Company--Abandonment Exemption-- Edwardsville-Madison Line In Madison County, IL This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. 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 Union Pacific Railroad Company of its 14.98-mile rail line from milepost 133.8 near Edwardsville to milepost 148.78 near Madison in Madison County, IL, subject to standard labor protective conditions, environmental conditions, a 180-day trail use condition, and a 180-day public use condition, all of which are set forth in Decision No. 44, served on August 12, 1996, in Finance Docket No. 32760. DATES: Provided no formal expression of intent to file an offer of financial assistance has been received, this exemption will be effective on September 11, 1996. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-33 (Sub-No. 99X)] Union Pacific Railroad Company--Abandonment Exemption--Little Mountain Junction--Little Mountain Line in Box Elder and Weber Counties, UT This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. Union Pacific Railroad Company (UPRR) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon approximately 12.0 miles of the Little Mountain Junction-Little Mountain line (portion of the Little Mountain Branch) from milepost 0.0 near Little Mountain Junction to milepost 12.0 near Little Mountain in Box Elder and Weber Counties, UT. UP states that the abandonment does not include active industries at Little Mountain Junction or Little Mountain, UT. UPRR also states that it intends to consummate the abandonment on or after the effective date of the Board's approval in Finance Docket No. 32760. UPRR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic will be rerouted over other lines; (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 September 11, 1996, unless stayed pending reconsideration. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-33 (Sub-No. 94X)] Union Pacific Railroad Company--Abandonment Exemption--Magnolia Tower-Melrose Line in Alameda County, CA This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. Union Pacific Railroad Company (UPRR) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon approximately 4.9 miles of the Magnolia Tower-Melrose line (portion of the Canyon Subdivision) from milepost 5.8 near Magnolia Tower to milepost 10.7 near Melrose, in Alameda County, CA. UPRR states that the abandonment does not include active industries at Magnolia Tower or Melrose, CA. UPRR also states that it intends to consummate the abandonment on or after the effective date of the Board's approval in Finance Docket No. 32760. UPRR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic will be rerouted over other lines; (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. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-33 (Sub-No. 97X)] Union Pacific Railroad Company--Abandonment Exemption--in DeCamp- Edwardsville Line in Madison County, IL This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. Union Pacific Railroad Company (UPRR) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon approximately 14.6 miles of the De Camp- Edwardsville line (portion of the Madison Subdivision) from milepost 119.2 near De Camp to milepost 133.8 near Edwardsville, in Madison County, IL. This line was formerly part of the St. Louis Subdivision of the Chicago and NorthWestern Railway Company (CNW). UPRR states that the abandonment does not include active industries at De Camp or Edwardsville. The Edwardsville industries are included in the abandonment petition filed simultaneously in Docket No. AB-33 (Sub-No. 98X), Union Pacific Railroad Company-- Abandonment Exemption--in Madison County, IL. UPRR also states that it intends to consummate the abandonment on or after the effective date of the Board's approval in Finance Docket No. 32760. UPRR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic will be rerouted over other lines; (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 September 11, 1996, unless stayed pending reconsideration. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-33 (Sub-No. 93X)] Union Pacific Railroad Company--Abandonment Exemption--Whittier Junction-Colima Junction Line in Los Angeles County, CA This exemption is related to Finance Docket No. 32760, Union Pacific Corporation, Union Pacific Railroad Company, and Missouri Pacific Railroad Company--Control and Merger--Southern Pacific Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company. Union Pacific Railroad Company (UPRR) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon approximately 5.18 miles of the Whittier Junction-Colima Junction line (portion of the Anaheim Branch) from milepost 0.0 near Whittier Junction to milepost 5.18 near Colima Junction, in Los Angeles County, CA. UPRR states that the abandonment does not include active industries at Whittier Junction or Colima Junction, CA. UPRR also states that it intends to consummate the abandonment on or after the effective date of the Board's approval in Finance Docket No. 32760. UPRR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic will be rerouted over other lines; (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 September 11, 1996, unless stayed pending reconsideration. Decided: August 6, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33006] Berlin Mills Railway, Inc.--Acquisition Exemption--New Hampshire and Vermont Railroad, Inc. Berlin Mills Railway, Inc. (BMS), a Class III rail carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire from the New Hampshire and Vermont Railroad, Inc., 5.5 miles of rail line located between Milepost 154.6, at Berlin, NH, and Milepost 149.1, at Gorham, NH. BMS will operate the property. The transaction is scheduled to be consummated on or after August 5, 1996. Decided: August 1, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board \1\ [STB Finance Docket No. 33001] Fort Worth and Western Railroad Company--Acquisition Exemption-- Line of The Atchison, Topeka and Santa Fe Railway Company Fort Worth and Western Railroad Company (FWWR), a Class III rail carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire a rail line of The Atchison, Topeka and Santa Fe Railway Company extending from Milepost 0.82, at Belt Junction, to Milepost 1.29, a distance of approximately 0.47 miles, in the City of Fort Worth, Tarrant County, TX. FWWR will operate the property. The transaction was scheduled to be consummated on or after July 31, 1996. Decided: August 1, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33012] Warren & Trumbull Railroad Company--Acquisition Exemption--Lines of Consolidated Rail Corporation Warren & Trumbull Railroad Company (WTRC), a Class III rail carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire from Consolidated Rail Corporation (Conrail) 12.9 miles of rail line (Lordstown Cluster Lines) in the State of Ohio between Milepost 15.5 and Milepost 17.3, in North Warren; between Milepost 17.3, in Warren, and Milepost 20.0, in North Warren; between Milepost 57.0, at Deforest, and Milepost 58.5, at Niles; between Milepost 62.1, at Niles, and Milepost 66.4, at Youngstown; between Milepost 0.0, at Brier Hill, and Milepost 0.7, at Leadville; and between Milepost 4.1, at Ohio Works Junction, and Milepost 6.0, at Girard. In addition, WTRC will acquire incidental trackage rights to operate over the Conrail line between Youngstown and Warren, OH, for the purpose of connecting operations over the Lordstown Cluster Lines and between these lines and WTRC's existing lines, and facilitating an interchange with Conrail at its Haselton Yard. WTRC will operate the property. The transaction was scheduled to be consummated on or after August 2, 1996. Decided: August 5, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32957] Norfolk and Western Railway Company--Acquisition Exemption-- Consolidated Rail Corporation ACTION: Notice of exemption. SUMMARY: The Board exempts, under 49 U.S.C. 10502, from the prior approval requirements of 49 U.S.C. 11323-25, the acquisition by Norfolk and Western Railway Company (NW) of a portion of Consolidated Rail Corporation's (Conrail) Pekin Secondary Track, between milepost 28.5, at Urbana, and milepost 78.3, at Bloomington, in Champaign, Dewitt, and McLean Counties, IL, totaling 49.8 miles, subject to standard employee protective conditions. The exemption includes the acquisition, through assignment from Conrail, of trackage rights between NW milepost 373.54, at Bloomington, and NW milepost 410.72, at Peoria, IL, totaling 37.18 miles. NW seeks an exemption both to acquire and to operate, and the petition is styled accordingly. While an exemption from the requirements of 49 U.S.C. 11323-25 for NW's acquisition and operation is consistent with the standards of 49 U.S.C. 10502, we note that NW requires neither separate authority nor an exemption to operate the line being acquired. When a rail carrier petitioned for an exemption to acquire or lease a rail line from another rail carrier under former 49 U.S.C. 11343 of the Interstate Commerce Act, the ICC normally also exempted the operation of the line, if requested, but the exemption to operate was not necessary. The status of the purchaser or lessor, as a carrier, coupled with the purchase agreement or lease, constituted sufficient authority to conduct operations. Similarly, authority or an exemption for a carrier to acquire or lease a line under 49 U.S.C. 11323-25 of the ICCTA provides the necessary authority to conduct operations. Conrail filed a notice of exemption to abandon the portion of the Pekin Secondary Track between milepost 4.00 and milepost 28.50 in STB Docket No. AB-167 (Sub-No. 1161X) (STB served June 28, 1996). The abandonment exemption is contingent upon the issuance of an exemption in this proceeding and upon NW's acquisition of the line pursuant to that exemption. On July 8, 1996, Grand Prairie Co-op, Inc. (Grand Prairie), filed a notice of intent to file an offer of financial assistance (OFA) for a portion of the line involved in STB Docket No. AB-167 (Sub-No. 1161X). Also on July 8, 1996, the Illinois Legislative Director for the United Transportation Union (UTU) filed a petition for stay of the abandonment exemption. On July 17, 1996, Conrail replied to UTU's stay request. On July 18, 1996, UTU filed a petition to reject or to revoke the notice of exemption, which UTU states is a supplement to its July 8 petition to stay. On July 23, 1996, Grand Prairie filed a petition requesting the Board to toll the 30-day period for filing its OFA or, in the alternative, to deny the exemption in STB Finance Docket No. 32957. On July 26, 1996, Conrail replied to UTU's petition to reject or revoke. By decision served August 2, 1996, the time for filing OFAs was extended to August 12, 1996, and the effectiveness of the exemption in STB Docket No. AB-167 (Sub-No. 1161X) was extended to August 22, 1996. The trackage rights were acquired by Conrail from NW in Finance Docket No. 30311 (ICC served Dec. 12, 1983), to allow abandonment of Conrail's parallel line, which served no local customers and was in need of rehabilitation. Upon conveyance of these trackage rights to NW, the owner of the line, the trackage rights will effectively merge with NW's ownership and cease to exist as separate rights. By letter to the Board dated July 12, 1996, petitioner corrected an error in the milepost description of the trackage rights. The original notice in Finance Docket No. 30311 and the petition for exemption in this proceeding stated that the trackage rights were over 38.18 miles of track, instead of the actual mileage between the mileposts, which is 37.18 miles. DATES: This exemption is effective on August 30, 1996. Decided: August 9, 1996. --------------------------------------------------------------------------- RELATED NEWS: Union Pacific announced that the STB has issued final written approval for its purchase of Southern Pacific. The merger will take effect September 11, the earliest date allowed by the board. Implementation of combined operations may take up to two years. In its written report, the board said it reviewed the public interest standard that it is to apply in considering railroad mergers and decided that any competitive harm will be far outweighed by the positive effects of the merger. The decision describes the direct, quantifiable cost savings in excess of $620 million annually that will be realized by the merged railroad and its shippers and discusses in detail the 35 conditions imposed on the merger and their impacts. The merger approval includes imposition of a five-year oversight period during which the board will monitor the effectiveness of the imposed conditions in addressing competitive harm. As a first step, by Oct. 1, the newly merged company must submit a progress report and implementing plan regarding its compliance with the conditions imposed in the merger, and Burlington Northern must submit a progress report and an operating plan for its trackage rights. In addition, both Burlington Northern and Union Pacific are to continue to submit quarterly reports on their operations. The Department of Justice and other oppponents of the merger are deciding whether to appeal the STB decision. They have until the September 11 merger date to file an appeal. ============================================================================= Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==============================================================================