DOT REPORT #18 - August, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between August 16 - 31, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: The Elk River Railroad, Inc.--Construction and Operation--in Clay and Kanawha Counties, WV Georgia Great Southern Division, South Carolina Central Railroad Co., Inc.--Abandonment and Discontinuance Exemption--Between Albany and Dawson, in Terrell, Lee and Dougherty Counties, GA CWRR, Inc.--Acquisition and Operation Exemption--Mendocino Coast Railway, Inc., d/b/a California Western Railroad Sequatchie Valley Railroad Co., Inc.--Discontinuance of Service Exemption--in Marion and Sequatchie Counties, TN; and CSX Transportation, Inc.--Abandonment Exemption--in Marion and Sequatchie Counties, TN Tulare Valley Railroad Company--Abandonment Exemption--in Tulare County, CA Willamette Valley Railway Company--Acquisition Exemption--Certain Lines of the Southern Pacific Transportation Company Petition for Exemption or Waiver of Compliance Burlington Northern Railroad Company and The Atchison, Topeka and Santa Fe Railway Company--Construction and Operation Exemption--Sealy, TX Kansas Southwestern Railway Company, L.L.C.--Acquisition Exemption--The Atchison, Topeka and Santa Fe Railway Company Reading Blue Mountain & Northern Railroad Company--Acquisition and Operation Exemption--Consolidated Rail Corporation Reading Blue Mountain & Northern Railroad Company--Acquisition of Trackage Rights Exemption--C&S Railroad Corporation SEDA-COG Joint Rail Authority and Juniata Valley Railroad Company--Acquisition and Operation Exemption--Consolidated Rail Corporation Richard D. Robey--Continuance in Control Exemption--Juniata Valley Railroad Company SEDA-COG Joint Rail Authority and Lycoming Valley Railroad Company--Acquisition and Operation Exemption--Consolidated Rail Corporation Richard D. Robey--Continuance in Control Exemption--Lycoming Valley Railroad Company ======================================================================= DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 31989] The Elk River Railroad, Inc.--Construction and Operation--in Clay and Kanawha Counties, WV The Elk River Railroad, Inc. (TERRI) applied to the Interstate Commerce Commission (ICC), now the Surface Transportation Board (Board), for authority to construct and operate a 29.8-mile rail line from Hartland to Falling Rock, West Virginia. The ICC's Section of Environmental Analysis (SEA) began the environmental analysis of this proposal, considering the potential environmental impacts associated with TERRI's preferred route, and a ``no build'' alternative. SEA completed a Draft Environmental Impact Statement (served June 30, 1995). The Board's SEA has now completed the environmental review process, and its conclusions are discussed in the Final Environmental Impact Statement (FEIS). SEA concludes that the proposed action would have adverse noise and safety impacts due to the close proximity of a substantial number of residences to the rail line. The proposed mitigation measures would reduce, but not totally eliminate, these impacts. There are, however, no feasible alternative rail routes by which this traffic could move. Furthermore, overall environmental impacts of the proposal may not be unduly severe if the recommended mitigation is implemented, particularly when balanced against the potential environmental benefits of reducing the increase in coal truck traffic. Therefore, the Section of Environmental Analysis recommends that the Board impose on any final decision approving the proposed construction and operation the mitigation measures contained in the FEIS. Date made available to the public: August 9, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-389 (Sub-No. 1X)] Georgia Great Southern Division, South Carolina Central Railroad Co., Inc.--Abandonment and Discontinuance Exemption--Between Albany and Dawson, in Terrell, Lee and Dougherty Counties, GA ACTION: Notice of exemption. SUMMARY: The Board exempts the Georgia Great Southern Division, South Carolina Central Railroad, Co., Inc., from the prior approval requirements of 49 U.S.C. 10903-04, to abandon its 13.62-mile line of railroad between Albany (milepost 86.5) and Sasser (milepost 72.88) and to discontinue service over its 5.38-mile rail line between Sasser and Dawson (milepost 67.5), in Terrell, Lee, and Dougherty Counties, GA, subject to public use, trail use/rail banking, historic preservation, other environmental, 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 September 15, 1996. Decided: August 9, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33005] CWRR, Inc.--Acquisition and Operation Exemption--Mendocino Coast Railway, Inc., d/b/a California Western Railroad CWRR, Inc., a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 40 miles of rail line and other assets of Mendocino Coast Railway, Inc., doing business as California Western Railroad, a wholly owned subsidiary of Kyle Railways, Inc., between Fort Bragg, CA, and Willits, CA. Consummation was expected to occur on or after August 9, 1996. Decided: August 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket Nos. AB-451X and AB-55 (Sub-No. 518X)] Sequatchie Valley Railroad Co., Inc.--Discontinuance of Service Exemption--in Marion and Sequatchie Counties, TN; and CSX Transportation, Inc.--Abandonment Exemption--in Marion and Sequatchie Counties, TN ACTION: Notice of exemption. SUMMARY: The Board, pursuant to 49 U.S.C. 10502, exempts from the prior approval requirements of 49 U.S.C. 10903: (1) Sequatchie Valley Railroad Co., Inc.'s (SQVR) discontinuance of service over 28.9 miles of rail line between milepost LJF-11.0 near Kimball and milepost LJF- 39.9 at Brush Creek, in Marion and Sequatchie Counties, TN; and (2) CSX Transportation, Inc.'s (CSXT) abandonment of the 28.9-mile rail line, subject to standard labor protective conditions and an environmental condition. DATES: Provided no formal expression of intent to file a financial assistance offer has been received, this exemption will be effective on September 18, 1996. Decided: August 7, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-397 (Sub-No. 4X)] Tulare Valley Railroad Company--Abandonment Exemption--in Tulare County, CA Tulare Valley Railroad Company (TVR) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 5 miles of railroad from milepost 15.1 at Tulare to milepost 20+1191.3 at Loma, in Tulare County, CA. TVR 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 19, 1996, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. The City of Tulare (City) filed a request for an issuance of a notice of interim trail use (NITU) for the line pursuant to section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d). The Board will address the City's trail use request, and any others that may be filed, in a subsequent decision. Decided: August 14, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32684] Willamette Valley Railway Company--Acquisition Exemption--Certain Lines of the Southern Pacific Transportation Company ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10505, the Board exempts from the prior approval requirements of 49 U.S.C. 11343-45 the acquisition by Willamette Valley Railway Company (WVR) of several railroad line segments totaling 67.66 miles, in Marion and Linn Counties, OR, from the Southern Pacific Transportation Company, subject to standard labor protective conditions. WVR has operated the line segments under lease since 1993, and does not plan a change in operations. DATES: This exemption is effective on September 21, 1996. Decided: August 13, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Exemption or Waiver of Compliance In accordance with 49 CFR 211.9 and 211.41, notice is hereby given that the Federal Railroad Administration (FRA) has received a request for waiver of compliance with a requirement of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, and the nature of the relief being requested. Beech Mountain Railroad Company (BMRR) (RSGM-96-05) The Beech Mountain Railroad Company (BMRR) seeks a permanent waiver of compliance with the Safety Glazing Standards (49 CFR 223.9(a), certified glazing) for its two locomotives, ALCO S2 1,000HP #113 and #115, built in the early 1950s. BMRR is a Class III Railroad operating within Randolph and Upshur Counties in the state of West Virginia. According to the requesting railroad, the crew consists of five men comprised of one supervisor, one engineer, one brakeman, and two track servicemen. BMRR is privately owned by Carter-ROAG Coal Company (CRCC). The purpose of the BMRR operations is to provide transfer service between the CSX interchange located in Alexander, West Virginia and the CRCC Preparation Plant located in Star Bridge, West Virginia. The BMRR line transverses-- without instances of broken glass due to projectiles--a remote and isolated area. The BMRR railroad indicates that the locomotives are early 1950 models and installation of the safety glazing would require extensive and expensive refacing of the locomotive cabs and that all the employees are aware of this request for exemption and support it without exception. Issued in Washington, DC, on August 16, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32936] Burlington Northern Railroad Company and The Atchison, Topeka and Santa Fe Railway Company--Construction and Operation Exemption--Sealy, TX Burlington Northern Railroad Company (BN) and The Atchison, Topeka and Santa Fe Railway Company (Santa Fe) (collectively BN/Santa Fe) have filed a notice of exemption under 49 CFR 1150.36 to construct a connection in the southwest quadrant of the intersection of the Union Pacific (UP) and Santa Fe lines near Sealy, TX. The proposed connection would allow head-on movement in both directions between BN/Santa Fe's Houston-Temple route and UP's line from Sealy to San Antonio. Construction is scheduled to begin within 60 days of the effective date of this exemption. The Board's Section of Environmental Analysis (SEA) initially considered this construction and operation in the environmental documents prepared in Finance Docket No. 32760, involving the proposed merger of the Union Pacific and Southern Pacific Railroads. In analyzing the applicants' environmental filings and the potential environmental impacts of the merger, SEA concluded that construction projects related to the merger that are limited in scope and are proposed over disturbed land within existing railroad rights-of-way should be exempt from environmental review. This is such a project. Accordingly, no additional environmental documentation will be prepared in this proceeding and the Board may make a finding of no significant impact. This exemption will be effective on November 4, 1996, unless stayed. Decided: August 16, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33013] Kansas Southwestern Railway Company, L.L.C.--Acquisition Exemption--The Atchison, Topeka and Santa Fe Railway Company Kansas Southwestern Railway Company, L.L.C. (KSW), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire approximately .46 miles of rail line owned by The Atchison, Topeka and Santa Fe Railway Company between milepost 0+740 feet at Kiowa, KS, and milepost 0+3168 feet south of Kiowa, KS. KSW will operate the property. Consummation was expected to occur on or after August 13, 1996. Decided: August 22, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33004] Reading Blue Mountain & Northern Railroad Company--Acquisition and Operation Exemption--Consolidated Rail Corporation Reading Blue Mountain Northern Railroad Company (RBMN), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41: (1) to acquire and operate a total of approximately 104.22 miles of rail line; and (2) to acquire a total of approximately 2.8 miles of incidental trackage rights owned by Consolidated Rail Corporation (Conrail) and located in the Commonwealth of Pennsylvania. The proposed transaction was to be consummated on the date of final agreement of the parties but not sooner than August 20, 1996, the effective date of the exemption. The lines involved in the acquisition by purchase are described as follows: the Lehigh Line from MP 119.4 at Lehighton Yard to MP 130.5 at a point near M&H Jct., and from MP 130.6 at a point near M&H Jct. to MP 147.1 at Frazer, a distance of 27.6 miles (Conrail is conveying only Track No. 1 between MP 119.4 and MP 130.5, retaining Track No. 2; and is conveying incidental trackage rights to RBMN over the single track between MP 130.5 and MP 130.6); the Lehigh Line from MP 143.8 at Frazer to MP 161.2 at Laurel Run, a distance of 17.4 miles; the Lehigh Line from MP 164.2 at Laurel Run to MP 212.2 at Mehoopany (500 feet west of the west portal of Vosburg Tunnel), a distance of 48.0 miles; the Taylor Secondary line from MP 136.7 at Taylor to MP 142.5 at Pittston, a distance of 5.8 miles; the Keyser Valley Industrial Track from MP 136.37 at Taylor to MP 140.7 at Cayuga, a distance of 4.33 miles; the Dunmore Running Track from MP 0.0 at Duryea Jct. to MP 0.7 at Topps Gum, a distance of 0.7 miles; and the Kerr-McGee Lead from MP 0.0 at Avoca to MP 0.3 at the end of the track, a distance of 0.3 miles. The incidental trackage rights involved are described as follows: the Lehigh Line between MP 130.5 and MP 130.6, a distance of 0.1 miles; between Conrail's interchange with C&S at Packerton Jct., across Conrail's Track No. 2 to a connection with Track No. 1 that RBMN is acquiring, a distance of 0.1 miles; through Taylor Yard to connect the Taylor Secondary Line and the Keyser Valley Line, a distance of approximately 0.8 miles; and from MP 136.7 at Taylor Yard to a point east of Bridge 60 at Scranton, a distance of approximately 1.8 miles. Conrail is in the process of selling the portion of Taylor Yard containing these lines to Delaware and Hudson Railway Company, Inc. (DHC), but will retain permanent trackage rights through Taylor Yard which it will assign, with the consent of DHC, to RBMN. Decided: August 22, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33020] Reading Blue Mountain & Northern Railroad Company--Acquisition of Trackage Rights Exemption--C&S Railroad Corporation Reading Blue Mountain & Northern Railroad Company (RBMN), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire overhead trackage rights and operate over approximately 18 miles of rail line owned by the C&S Railroad Corporation, between milepost 18 plus-minus; at Mauck Chunck Jct., PA, and milepost 0 plus-minus; at Packerton Jct., PA. Consummation was expected to occur on or after August 20, 1996. RBMN is acquiring overhead trackage rights only and will not be allowed to serve any additional customers. Decided: August 22, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33008] SEDA-COG Joint Rail Authority and Juniata Valley Railroad Company--Acquisition and Operation Exemption--Consolidated Rail Corporation SEDA-COG Joint Rail Authority (Authority) and Juniata Valley Railroad Company (Juniata), noncarriers, have filed a joint verified notice of exemption under 49 CFR 1150.31 for Authority to acquire through purchase and for Juniata to operate approximately 12.3 miles of rail line owned by Consolidated Rail Corporation known as the Lewistown Cluster in Mifflin County, PA. Juniata will become a Class III rail carrier. Consummation was expected to occur on or after August 15, 1996. Decided: August 22, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33009] Richard D. Robey--Continuance in Control Exemption--Juniata Valley Railroad Company Richard D. Robey (Robey), a noncarrier individual, has filed a notice of exemption to continue in control of Juniata Valley Railroad Company (Juniata), upon Juniata's becoming a Class III rail carrier. Consummation was expected to occur on or after August 15, 1996. Robey controls seven other nonconnecting Class III rail carriers: North Shore Railroad Company; Nittany & Bald Eagle Railroad Company, Shamokin Valley Railroad Company; West Shore Railway Services, Inc., Stourbridge Railroad Company, Inc., Wellsboro and Corning Railroad Company; and Union County Industrial Railroad Company. Robey has concurrently filed a notice of exemption in Richard D. Robey--Continuance in Control Exemption--Lycoming Valley Railroad Company, STB Finance Docket No. 33011. Robey states that: (1) Juniata 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 Juniata 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: August 22, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33010] SEDA-COG Joint Rail Authority and Lycoming Valley Railroad Company--Acquisition and Operation Exemption--Consolidated Rail Corporation SEDA-COG Joint Rail Authority (Authority) and Lycoming Valley Railroad Company (Lycoming), noncarriers, have filed a joint verified notice of exemption under 49 CFR 1150.31 for Authority to acquire through purchase and for Lycoming to operate approximately 38.0 miles of rail line owned by Consolidated Rail Corporation known as the Williamsport Cluster in the counties of Clinton and Lycoming, PA. Lycoming will become a Class III rail carrier. Consummation was expected to occur on or after August 15, 1996. Decided: August 22, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33011] Richard D. Robey--Continuance in Control Exemption--Lycoming Valley Railroad Company Richard D. Robey (Robey), a noncarrier individual, has filed a notice of exemption to continue in control of Lycoming Valley Railroad Company (Lycoming), upon Lycoming's becoming a Class III rail carrier. Consummation was expected to occur on or after August 15, 1996. Robey controls seven other nonconnecting Class III rail carriers: North Shore Railroad Company; Nittany & Bald Eagle Railroad Company, Shamokin Valley Railroad Company; West Shore Railway Services, Inc.; Stourbridge Railroad Company, Inc.; Wellsboro and Corning Railroad Company; and Union County Industrial Railroad Company. Robey has concurrently filed a notice of exemption in Richard D. Robey--Continuance in Control Exemption--Juniata Valley Railroad Company, STB Finance Docket No. 33009. Robey states that: (1) Lycoming 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 Lycoming 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: August 22, 1996. ============================================================================= Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==============================================================================