DOT REPORT #19 - September, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between September 1 - 15, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Missouri Pacific Railroad Company--Abandonment and Discontinuance Exemption--in Douglas County, NE Fort Worth & Western Railroad Company, Inc.--Lease Exemption--St. Louis Southwestern Railway Company Chicago Rail Link, L.L.C.--Corporate Family Transaction Exemption-- Chicago, West Pullman & Southern Railroad, L.L.C. CSX Transportation, Inc.--Trackage Rights Exemption--Paducah & Louisville Railway, Inc. Atlantic & Western Railway, L.P.--Acquisition Exemption--Lines of Norfolk Southern Railway Company Union Pacific Railroad Company--Abandonment Exemption--in Caribou County, ID Union Pacific Railroad Company--Trackage Rights Exemption--Elgin, Joliet and Eastern Railway Company Missouri Pacific Railroad Company--Trackage Rights Exemption-- Elgin, Joliet and Eastern Railway Company Norfolk Southern Railway Company--Abandonment Exemption--in Des Moines, Polk County, IA Modesto and Empire Traction Company, Beard Land and Investment Co., Beard Land Improvement Company, and New Modesto and Empire Traction Company--Corporate Family Transaction Exemption Perry County Port Authority d/b/a Hoosier Southern Railroad-- Acquisition and Lease Exemption--Norfolk Southern Railway Company Burlington Northern Railroad Company and The Atchison, Topeka and Santa Fe Railway Company--Trackage Rights Exemption--Union Pacific Railroad Company, Missouri Pacific Railroad Company, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., The Denver & Rio Grande Western Railroad Company, and The Southern Illinois & Missouri Bridge Company; [Decision No. 53] Cascade and Columbia River Railroad Company--Acquisition and Operation Exemption--Lines of Burlington Northern Railroad Company RailAmerica, Inc.--Continuance in Control Exemption--Cascade and Columbia River Railroad Company Utah Railway Company--Trackage Rights Exemption--Union Pacific Railroad Company, Missouri Pacific Railroad Company, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., the Denver & Rio Grande Western Railroad Company; [Decision No. 54] Soo Line Railroad Company--Discontinuance of Trackage Rights Exemption--in Lake, Newton, Benton and Warren Counties, IN and Vermilion County, IL ======================================================================= DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-3 (Sub-No. 138X)] Missouri Pacific Railroad Company--Abandonment and Discontinuance Exemption--in Douglas County, NE Missouri Pacific Railroad Company (MP) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of Trackage Rights over approximately 0.61-mile portion of the Omaha Belt Line from milepost 485.55 to the end of the line at milepost 486.16, near Omaha, in Douglas County, NE. MP 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 October 3, 1996, unless stayed pending reconsideration. The Douglas County Environmental Services (County) 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 County's trail use request, and any others that may be filed, in a subsequent decision. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Decided: August 28, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32955] Fort Worth & Western Railroad Company, Inc.--Lease Exemption--St. Louis Southwestern Railway Company ACTION: Notice of exemption. SUMMARY: The Board, under 49 U.S.C. 10502, exempts from the prior approval requirements of 49 U.S.C. 10902 the lease by Fort Worth & Western Railroad Company, Inc. (FWWR), of St. Louis Southwestern Railway Company's (SSW) Hodge Yard, located between North Fort Worth and Carrollton, TX, at milepost 630.20. FWWR seeks an exemption both to lease and to operate, and its petition is styled accordingly. While an exemption from the requirements of 49 U.S.C. 10902 for FWWR's lease is consistent with the standards of 49 U.S.C. 10502, we note that FWWR requires neither separate authority nor an exemption to operate the line under the lease. When a rail carrier petitioned for an exemption to purchase 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 purchase or lease a line under 49 U.S.C. 10902 of the ICCTA provides the necessary authority to conduct operations. FWWR plans to operate on track owned by Dallas Area Rapid Transit Property Acquisition Company (DARTPAC). In STB Finance Docket No. 32956 (served June 6, 1996), SSW assigned its local and overhead trackage rights over DARTPAC's 28.77-mile rail line, between milepost 632.27 at North Fort Worth and milepost 603.5 at Carrollton, to FWWR. DATES: This exemption is effective on October 5, 1996. Decided: August 27, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33017] Chicago Rail Link, L.L.C.--Corporate Family Transaction Exemption-- Chicago, West Pullman & Southern Railroad, L.L.C. Chicago Rail Link, L.L.C., (CRL), and Chicago, West Pullman & Southern Railroad, L.L.C. (CWP), both Class III railroads, have jointly filed a verified notice of exemption. The exempt transaction is a merger of CWP into CRL. CRL and CWP are wholly owned subsidiaries of OmniTRAX, Inc., a noncarrier holding company. The transaction was expected to be consummated on or after the August 15, 1996 effective date of the exemption. The proposed merger will enhance operating economies, improve service, simplify the corporate structure, and improve the financial viability of the surviving corporation by eliminating costs associated with separate accounting, tax, bookkeeping and reporting functions. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). The parties state that the transaction will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family. Decided: August 29, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33043] CSX Transportation, Inc.--Trackage Rights Exemption--Paducah & Louisville Railway, Inc. Paducah & Louisville Railway, Inc. (P&L), a Class III railroad, has agreed to grant overhead trackage rights to CSX Transportation, Inc. (CSXT), a Class I railroad, over its trackage beginning west of Madisonville, KY, at P&L milepost 146, and extending eastwardly to just east of Central City, KY, at P&L milepost 122, a total distance of approximately 24 miles of rail line in Hopkins and Muhlenberg Counties, KY. The transaction is scheduled to be consummated on September 2, 1996. The trackage rights will enable CSXT to rationalize excess facilities in its underutilized 18-mile line of railroad between Madisonville and Moorman, KY, which runs north of and parallel to the P&L line. Decided: August 29, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33021] Atlantic & Western Railway, L.P.--Acquisition Exemption--Lines of Norfolk Southern Railway Company Atlantic & Western Railway, L.P. (ATW), a Class III rail carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire from Norfolk Southern Railway Company approximately 6.4 route miles of rail line between milepost CF-123.65, at Cumnock, NC, and milepost CF-130.04, at Sanford, NC. ATW will operate the property. The exemption was effective on August 28, 1996. The parties indicate that consummation of the transaction will occur approximately 90 days after the effective date of the exemption. Decided: August 30, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-33 (Sub-No. 91X)] Union Pacific Railroad Company--Abandonment Exemption--in Caribou County, ID 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 a 5.7-mile line of railroad, known as the Grace Industrial Lead, from milepost 0.1 near Alexander to the end of the line at milepost 5.8 near Grace, in Caribou County, ID, subject to standard labor protective conditions and an environmental condition. DATES: Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on October 9, 1996. Decided: August 27, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32985] Union Pacific Railroad Company--Trackage Rights Exemption--Elgin, Joliet and Eastern Railway Company Elgin, Joliet and Eastern Railway Company (EJ&E) has agreed to grant overhead trackage rights to Union Pacific Railroad Company (UP) over approximately 130 miles of rail lines extending from Waukegan, IL, on the north at the beginning of EJ&E's ownership near milepost 74, through milepost 29 at West Chicago, milepost 0 at Joliet, and milepost 25 at Chicago Heights, IL, and Gary, IN (milepost 12 and milepost 45, including Kirk Yard), to milepost 0 at South Chicago, IL, including EJ&E's City Track Line between Gary and Goff, IN, and EJ&E's Whiting Line from Cavanaugh, IN, to Calumet Tower, IN. The trackage rights were scheduled to become effective on the date of final agreement of the parties but not sooner than August 28, 1996, the effective date of the exemption. In addition to describing the proposed trackage rights, UP has recited that operation of those rights may require construction of some connecting track between the EJ&E and either the UP or another railroad. UP states that the construction would not require Board authorization and ``none is sought by this notice.'' Publication of this notice should not be deemed to be acquiescence by the Board in UP's characterization of the Board's jurisdiction over any such construction. A Petition to Reject, to Revoke, And/Or to Stay was filed in this proceeding (and also relates to STB Finance Docket No. 32986) on August 27, 1996, by Joseph C. Szabo, for and on behalf of United Transportation Union-Illinois Legislative Board (UTU-IL). The City of West Chicago and the Brotherhood of Locomotive Engineers join with UTU-IL in separate petitions filed on August 27, 1996, and August 29, 1996, respectively. The petitions will be addressed in a separate decision or decisions. Decided: September 4, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32986] Missouri Pacific Railroad Company--Trackage Rights Exemption-- Elgin, Joliet and Eastern Railway Company Elgin, Joliet and Eastern Railway Company (EJ&E) has agreed to grant overhead trackage rights to Missouri Pacific Railroad Company (MP) over approximately 130 miles of rail lines extending from milepost 0 in South Chicago, IL, through Gary, IN (milepost 12 and milepost 45, including Kirk Yard), including EJ&E's City Track Line between Gary and Goff, IN, and EJ&E's Whiting Line from Cavanaugh, IN, to Calumet Tower, IN, through milepost 25 at Chicago Heights, IL, milepost 0 at Joliet, IL, and milepost 29 at West Chicago, IL, to Waukegan, IL, to the end of EJ&E's ownership near milepost 74. The trackage rights were scheduled to become effective on the date of final agreement of the parties but not sooner than August 28, 1996, the effective date of the exemption. In addition to describing the proposed trackage rights, MP has recited that operation of those rights may require construction of some connecting track between the EJ&E and either the MP or another railroad. MP states that the construction would not require Board authorization and ``none is sought by this notice.'' Publication of this notice should not be deemed to be acquiescence by the Board in MP's characterization of the Board's jurisdiction over any such construction. A Petition to Reject, to Revoke, And/Or to Stay was filed in this proceeding (and also relates to STB Finance Docket No. 32985) on August 27, 1996, by Joseph C. Szabo, for and on behalf of United Transportation Union-Illinois Legislative Board (UTU-IL). The City of West Chicago and the Brotherhood of Locomotive Engineers join with UTU-IL in separate petitions filed on August 27, 1996, and August 29, 1996, respectively. The petitions will be addressed in a separate decision or decisions. Decided: September 4, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-290 (Sub-No. 185X)] Norfolk Southern Railway Company--Abandonment Exemption--in Des Moines, Polk County, IA Norfolk Southern Railway Company (NS) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 1.1 mile of its line of railroad between milepost SD-339.7 and SD-340.8 in Des Moines, Polk County, IA. NS has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) any overhead traffic onthe line has been 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 October 10, 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: September 4, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33014] Modesto and Empire Traction Company, Beard Land and Investment Co., Beard Land Improvement Company, and New Modesto and Empire Traction Company--Corporate Family Transaction Exemption Modesto and Empire Traction Company (MET), Beard Land and Investment Co. (BI), Beard Land Improvement Company (BL), and New Modesto and Empire Traction Company (NMET), have filed a joint notice of exemption to undertake a corporate family transaction. MET, a short line rail carrier, will merge into its parent BI, a noncarrier. BI and BL, a noncarrier subsidiary of MET, will concurrently transfer certain rail properties to NMET, a noncarrier company, in exchange for its common stock. The name of the surviving corporation will then be changed to Modesto and Empire Traction Company. The proposed transaction was to be consummated on the date of final agreement of parties but not sooner than August 19, 1996, the effective date of the exemption. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). The transaction will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers operating outside applicants' corporate family. The purpose of the transaction is to simplify corporate structure to achieve certain economies and efficiencies in the surviving corporation. Decided: September 5, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33045] Perry County Port Authority d/b/a Hoosier Southern Railroad-- Acquisition and Lease Exemption--Norfolk Southern Railway Company The Perry County Port Authority d/b/a Hoosier Southern Railroad (``HSR''), a Class III railroad, has filed a notice of exemption under 49 CFR 1150.41 to acquire by donation and to lease and operate certain lines of railroad located in the State of Indiana, which are currently owned by the Norfolk Southern Railway Company (``NS''). First, HSR will lease and operate, and will subsequently acquire by donation, an approximately 2.6-mile line of railroad, extending from milepost 19.8, near Santa Claus, IN, to milepost 22.4, at Lincoln City, IN (Santa Claus Line). Second, HSR will lease and operate a separate 16.2 mile line of railroad extending from milepost 0.0, at Rockport Junction, IN, to milepost 16.2, at Rockport, IN (Rockport Line), over which NS will retain the right to exercise local trackage rights. In addition, HSR will obtain from NS incidental overhead trackage rights over approximately 1.1 miles of NS main line, between milepost 33.2-EB (HSR milepost 22.4--Santa Claus Line), at Lincoln City, IN, and milepost 32.1-EB (HSR milepost 0.0--Rockport Line), at Rockport Junction, IN, for purposes of connecting the two newly-operated lines and consolidating railcar interchange with NS at Lincoln City, IN. Prior to September 1, 1996, the Indiana Hi-Rail Corporation (IHR) leased and operated both the Santa Claus Line and the Rockport Line. HSR will replace IHR as the new operator. HSR has certified that it has served a copy of its notice of exemption upon all shippers located on both the Santa Claus Line and the Rockport Line. HSR expected to consummate the proposed lease and incidental trackage rights transactions on September 1, 1996, and to consummate the proposed acquisition of the Santa Claus Line on or before December 31, 1996. Decided: September 4, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32760 (Sub-No. 19)] Burlington Northern Railroad Company and The Atchison, Topeka and Santa Fe Railway Company--Trackage Rights Exemption--Union Pacific Railroad Company, Missouri Pacific Railroad Company, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., The Denver & Rio Grande Western Railroad Company, and The Southern Illinois & Missouri Bridge Company; [Decision No. 53] Union Pacific Railroad Company (UPRR), Missouri Pacific Railroad Company (MPRR) [UPRR and MPRR are referred to collectively as UP], Southern Pacific Transportation Company (SPT), St. Louis Southwestern Railway Company (SSW), SPCSL Corp. (SPCSL), The Denver & Rio Grande Western Railroad Company (DRGW) [SPT, SSW, SPCSL and DRGW are referred to collectively as SP], and The Southern Illinois & Missouri Bridge Company (SIMBCO) [SIMBCO is jointly owned by MPRR and SSW] have agreed to grant overhead trackage rights, with certain local access rights to Burlington Northern Railroad Company (BN) and The Atchison, Topeka and Santa Fe Railway Company (SF) [BN and SF are referred to collectively as BNSF.] These trackage rights are related to the recently approved UP/SP merger. See Finance Docket No. 32760 (STB served Aug. 12, 1996) (Decision No. 44). These trackage rights, which provide for local access as specified in Decision No. 44, consist of three categories. The first category consists of trackage rights that were provided for in an agreement entered into on April 18, 1996, by UP/SP, BNSF, and the Chemical Manufacturers Association (CMA). These trackage rights are over: (1) UP's lines--(a) Houston, TX--Longview, TX, (b) Longview, TX-- Texarkana, AR, (c) Texarkana, AR--North Little Rock, AR, (d) North Little Rock, AR--Poplar Bluff, MO, (e) Poplar Bluff, MO--Dexter, MO, (f) SIMBCO, IL--Valley Junction, L, and (g) Bald Knob, AR--Fair Oaks, AR; (2) SP's lines--Fair Oaks, AR--Illmo, MO, via Jonesboro, AR, and Dexter Junction, MO; and (3) SIMBCO's lines--Illmo, MO--SIMBCO, IL. The second category consists of trackage rights over SPT's line between Elvas, CA, in the vicinity of SPT's Fresno Line milepost 136.2 and Stockton, CA, in the vicinity of SPT's Fresno Line milepost 88.9. The third category consists of trackage rights over: (1) MPRR's main line near Avondale, LA, between MPRR milepost 14.29 and milepost 14.11; and (2) SPT's line near Avondale, LA, between SPT milepost 14.94 and SPT's milepost 9.97 in the vicinity of Westbridge Junction, LA. The transaction is scheduled to be consummated on, or as soon as possible after, September 11, 1996. Decided: September 9, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33047] Cascade and Columbia River Railroad Company--Acquisition and Operation Exemption--Lines of Burlington Northern Railroad Company Cascade and Columbia River Railroad Company (CCRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 131.2 miles of rail line from the Burlington Northern Railroad Company (BN) between Oroville Subdivision milepost 6.0, north of Olds Junction, WA, and the northern end of the rail line, at about Oroville Subdivision milepost 137.2, in Oroville, WA. In addition, CCRR will acquire incidental overhead trackage rights from BN to operate between Oroville Subdivision milepost 6.0, north of Olds Junction, WA, and Oroville Subdivision milepost 1650.2, in Wenatchee, WA, including over any and all tracks in BN's Wenatchee, WA, rail yard for the sole purpose of interchanging freight cars and equipment between CCRR and BN and no other party at the Wenatchee rail yard. The transaction was expected to be consummated on or after the September 4, 1996 effective date of the exemption. Decided: September 5, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33048] RailAmerica, Inc.--Continuance in Control Exemption--Cascade and Columbia River Railroad Company RailAmerica, Inc. (RailAmerica), a noncarrier, has filed a notice of exemption to continue in control of Cascade and Columbia River Railroad Company (CCRR), upon CCRR's becoming a Class III rail carrier. The transaction was expected to be consummated on or after the September 4, 1996 effective date of the exemption. RailAmerica owns and controls seven existing Class III common carrier railroads operating in six states: Evansville Terminal Company, Inc.; Huron & Eastern Railway Company, Inc.; Saginaw Valley Railway Company, Inc.; West Texas & Lubbock Railroad Company, Inc., Plainview Terminal Company; the Dakota Rail, Inc.; and the South Central Tennessee Railroad Company. RailAmerica states that: (i) the railroads will not connect with each other or any railroads in their corporate family; (ii) the continuance in control is not part of a series of anticipated transactions that would connect the railroads with each other or any railroad in their corporate family; and (iii) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. Decided: September 5, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32760 (Sub-No. 18)] Utah Railway Company--Trackage Rights Exemption--Union Pacific Railroad Company, Missouri Pacific Railroad Company, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp., the Denver & Rio Grande Western Railroad Company; [Decision No. 54] Union Pacific Railroad Company (UPRR), Missouri Pacific Railroad Company (MPRR) [UPRR and MPRR are referred to collectively as UP], Southern Pacific Transportation Company (SPT), St. Louis Southwestern Railway Company (SSW), SPCSL Corp. (SPCSL), The Denver & Rio Grande Western Railroad Company (DRGW) [SPT, SSW, SPCSL and DRGW are referred to collectively as SP], have agreed to grant overhead trackage rights, with certain local access rights, over a line of railroad of DRGW to Utah Railway Company (UTAH). These trackage rights are related to the recently approved UP/SP merger. See Finance Docket No. 32760 (STB served Aug. 12, 1996) (Decision No. 44). The overhead trackage rights extend from milepost 628.8, near Utah Railway Junction, UT, to milepost 450.0, near Grand Junction, CO, a total distance of approximately 178.8 miles, in Carbon, Emory and Grand Counties, UT, and Mesa County, CO. Utah will have the right to interchange at Utah Railway Junction and Grand Junction with UP/SP and the Burlington Northern Railroad Company and The Atchison, Topeka and Santa Fe Railway Company. The local rights are for Utah to have access to the coal loading facility of Savage Industries, Inc., Savage Coal Terminal, which is located at the so-called CV Spur at milepost 615.8 near Price, UT, and for access to East Carbon Development Company Environmental L.C. at the CV Spur in a transload operation of non-hazardous waste materials. The transaction is scheduled to be consummated on, or as soon as possible after, September 11, 1996. Decided: September 9, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-57 (Sub-No. 42X)] Soo Line Railroad Company--Discontinuance of Trackage Rights Exemption--in Lake, Newton, Benton and Warren Counties, IN and Vermilion County, IL Soo Line Railroad Company (Soo) has filed a notice of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments and Discontinuances to discontinue a portion of its trackage rights over approximately 104.9 miles of Consolidated Rail Corporation's (Conrail) line of railroad known as the Danville Secondary between Conrail milepost 4.3+/- at Gibson, IN, and Conrail milepost 109.2+/- at Danville, IL, in Lake, Newton, Benton and Warren Counties, IN, and Vermilion County, IL. Soo is the successor in interest to the Chicago, Milwaukee, St. Paul, and Pacific Railroad Company, which acquired the trackage rights over the Indiana Harbor Belt Railroad Co. and Conrail pursuant to authority granted in ICC Finance Docket No. 29186 (Sub- No. 1), Richard B. Ogilvie, Trustee of the Property of Chicago, Milwaukee, St. Paul, and Pacific Railroad Company--Trackage Rights-- Over Indiana Harbor Belt Railroad Company Between North Harvey IL, and Gibson, IN and Consolidated Rail Corporation Between Gibbons, IN and Terre Haute, IN (ICC served Apr. 16, 1980), as supplemented by decisions served May 8, 1980, and Aug. 6, 1980. Soo has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) all overhead traffic has been been rerouted over alternative trackage rights; (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 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. Soo acquired and activated parallel trackage rights on CSXT's line from Blue Island Junction/Woodland Junction/Dolton, IL, to Spring Hill Interlocking/Terre Haute, IN. See Soo Line Railroad Company--Trackage Rights Exemption--CSX Transportation, Inc., ICC Finance Docket No. 31383 (ICC served Jan. 10, 1989). Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on October 15, 1996, unless stayed pending reconsideration. Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historical documentation is required here under 49 CFR 1105.6(b)(3). Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Decided: August 30, 1996. ----------------------------------------------------------------------------- RELATED NEWS: Canadian National Railway (CN) has selected RailTex, Inc., as the finalist in the bidding process for its rail line and operating assets representing substantially all of the former Detroit, Toledo & Ironton Railroad -- from Diann, Michigan to Cincinnati, Ohio. CN announced it had signed a letter of intent with RailTex. The next step in the process is negotiation of the definitive agreement between the parties. At the completion of negotiation, but prior to closing of the transaction, filing will be made with the Surface Transportation Board. The companies expect to conclude this transaction by year end. Union Pacific (UP) Corp. announced on September 11 that it had completed the filings and transactions to finalize its $3.9 billion buyout of Southern Pacific (SP) Rail Corp. UP and SP will start to combine administrative functions shortly, with the complete merger of operations taking at least two years. ============================================================================= Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==============================================================================