DOT REPORT #20 - September, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between September 16 - 30, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Burlington Northern Railroad Company and The Atchison, Topeka and Santa Fe Railway Company--Construction and Operation Exemption-- Stockton, CA Wyoming and Colorado Railroad Company, Inc.--Abandonment Exemption--in Albany County, WY CSX Transportation, Inc.--Trackage Rights Exemption--Norfolk Southern Railway Company Iron Road Railways Incorporated, Benjamin F. Collins, John F. DePodesta, Daniel Sabin, and Robert T. Schmidt--Control Exemption--Bangor and Aroostook Railroad Company, Canadian American Railroad Company, Iowa Northern Railway Company, and The Northern Vermont Railroad Company Incorporated and Iron Road Railways Incorporated and Bangor and Aroostook Acquisition Corporation--Control Exemption--Bangor and Aroostook Railroad Company and Canadian American Railroad Company. Consolidated Rail Corporation--Abandonment Exemption-- in St. Joseph County, IN Consolidated Rail Corporation--Abandonment Exemption--in Marion County, IN Sacramento-Placerville Transportation Corridor Joint Powers Authority--Acquisition Exemption--Certain Assets of Southern Pacific Transportation Company Lamoille Valley Railroad Company--Abandonment and Discontinuance of Service Exemption--in Franklin and Lamoille Counties, VT Lackland Western Railroad Company--Acquisition and Operation Exemption--St. Louis Southwestern Railway Company Dubois County Railroad Corporation--Acquisition and Operation Exemption--Norfolk Southern Railway Company Dubois County Railroad Corporation and Indiana Railway Museum, Inc.--Corporate Family Transaction Exemption Warren & Trumbull Railroad Company--Lease and Operation Exemption--Rail Lines in Trumbull County, OH Major Investment Study/Draft Environmental Impact Statement for the Cross County Corridor, Bucks, Chester and Montgomery Counties, Pennsylvania and Mercer County, New Jersey Connecticut Southern Railroad, Inc.--Acquisition and Operation Exemption--Lines of Consolidated Rail Corporation RailTex, Inc.--Continuance in Control Exemption--Connecticut Southern Railroad, Inc. North Coast Railroad Authority--Lease and Operation Exemption-- California Northern Railroad Company East Texas Central Railroad, Inc.--Operation Exemption--Northeast Texas Rural Rail Transportation District Palouse River & Coulee City Railroad, Inc.--Acquisition Exemption--Burlington Northern Railroad Company Richard B. Webb and Susan K. Lundy--Continuance in Control Exemption--Palouse River & Coulee City Railroad, Inc. =========================================== DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32934] Burlington Northern Railroad Company and The Atchison, Topeka and Santa Fe Railway Company--Construction and Operation Exemption-- Stockton, CA Burlington Northern Railroad Company (BN) and The Atchison, Topeka and Sante Fe Railway Company (Santa Fe) (collectively BN/Santa Fe) have filed a notice of exemption under 49 CFR 1150.36 to construct an 800- foot wye track, two No. 10 turnouts, and a new 36-foot crossing at Stockton, CA. The proposed construction would provide a connection between Union Pacific's (UP) line to Keddie, CA, and BN/Santa Fe's line to Barstow, CA. The construction is planned to implement the UP trackage rights UP/SP granted to BN/Santa Fe in Finance Docket No. 32760 (Sub-No. 1). Construction is scheduled to begin within 60 days of the effective date of this exemption. The Board's Section of Environmental Analysis (SEA) analyzed the potential environmental impact of this construction and operation in the environmental documents prepared in Finance Docket No. 32760, the merger of the Union Pacific and Southern Pacific Railroads. SEA concluded that based on its independent analysis, the available information, and the recommended mitigation measures, the construction and operation at Stockton would not result in significant environmental impacts. The Board imposed the mitigation measures recommended by SEA in Finance Docket No. 32760 Decision No. 44, served August 12, 1996 (see condition Nos. 62-75, 83). This exemption will be effective on November 25, 1996, unless stayed. Decided: September 10, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-307 (Sub-No. 3X)] Wyoming and Colorado Railroad Company, Inc.--Abandonment Exemption--in Albany County, WY ACTION: Notice of exemption. SUMMARY: The Board exempts from the prior approval requirements of 49 U.S.C. 10903 the abandonment by Wyoming and Colorado Railroad Company of a 66.16-mile segment of its Coalmont Branch from milepost 67.47 at the Colorado/Wyoming line to milepost 1.31 near Laramie, WY, subject to trail use, public use, historic preservation, environmental conditions, and standard labor protective conditions. DATES: Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on October 16, 1996. Decided: September, 9, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33075] CSX Transportation, Inc.--Trackage Rights Exemption--Norfolk Southern Railway Company Norfolk Southern Railway Company (NS) has agreed to grant trackage rights to CSX Transportation, Inc. (CSXT), over approximately 10.5 miles of rail lines CSXT owns and currently leases to NS, which extends from the western end of the Middlesboro Yard, in Middlesboro, KY, between milepost CV-215 and milepost CV-217, 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. The trackage rights were to become effective on or after September 5, 1996. NS is granting trackage rights over the same rail lines CSXT leases to NS except for the trackage between milepost CV-217 and milepost CV-219.5 in the vicinity of the Middlesboro Yard, which CSXT does not require for its operations. See Finance Docket No. 32923 (STB served Aug. 6, 1996). Decided: September 10, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32982; Finance Docket No. 32657] Iron Road Railways Incorporated, Benjamin F. Collins, John F. DePodesta, Daniel Sabin, and Robert T. Schmidt--Control Exemption--Bangor and Aroostook Railroad Company, Canadian American Railroad Company, Iowa Northern Railway Company, and The Northern Vermont Railroad Company Incorporated and Iron Road Railways Incorporated and Bangor and Aroostook Acquisition Corporation--Control Exemption--Bangor and Aroostook Railroad Company and Canadian American Railroad Company. ACTION: Notice of exemptions. SUMMARY: The Board: (1) reopens Finance Docket No. 32657 and grants an exemption allowing control by Benjamin F. Collins, John F. DePodesta, Daniel Sabin, and Robert T. Schmidt (Individual Petitioners) of the Bangor and Aroostook Railroad Company, Canadian American Railroad Company, and Iowa Northern Railway Company; and (2) grants an exemption in STB Finance Docket No. 32982 for the Individual Petitioners' and Iron Road Railways Incorporated's continuance in control of The Northern Vermont Railroad Company Incorporated (NV), upon NV's becoming a Class III rail carrier, subject to labor protective conditions. NV filed a notice of exemption in STB Finance Docket No. 32981 to acquire from Canadian Pacific Limited, doing business as CP Rail System, approximately 86.41 miles of rail line located in Franklin, Orleans, Caledonia, and Orange Counties, VT. The notice of exemption was filed on June 7, 1996, and was scheduled to become effective 7 days later. Consummation of that transaction is contingent upon our exemption of the continuance in control transaction. DATES: These exemptions will be effective on September 27, 1996. Decided: September 12, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1165X)] Consolidated Rail Corporation--Abandonment Exemption-- in St. Joseph County, IN Consolidated Rail Corporation (Conrail) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 2.0-mile portion of its line of railroad known as the Plymouth Industrial Track between railroad milepost 179.00 and railroad milepost 181.00+ in St. Joseph, IN. Conrail has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has moved over the line for at least 2 years; (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 17, 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 9, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1167X)] Consolidated Rail Corporation--Abandonment Exemption--in Marion County, IN Consolidated Rail Corporation (Conrail) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 1.55-mile portion of its line of railroad known as the Arlington Avenue Industrial Track between railroad milepost -0.90 and railroad milepost 0.65 in Marion County, IN. Conrail has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has moved over the line for at least 2 years; (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 17, 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 9, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33046] Sacramento-Placerville Transportation Corridor Joint Powers Authority--Acquisition Exemption--Certain Assets of Southern Pacific Transportation Company Sacramento-Placerville Transportation Corridor Joint Powers Authority (JPA) has filed a notice of exemption to acquire approximately 13.7 miles of rail line owned by Southern Pacific Transportation Company (SP) extending between milepost 94.3 at 65th Street in Brighton, CA, and milepost 108.0 at Nimbus, CA, in Sacramento County, CA. SP will retain the exclusive right and obligation to provide rail freight service on the trackage to be acquired. JPA will not operate any rail freight service on that trackage. JPA has simultaneously filed in this docket a motion to dismiss the notice of exemption to obtain a jurisdictional determination from the Board regarding JPA's prospective common carrier status. That motion will be the subject of a separate decision by the Board. JPA expects to consummate its acquisition on or after September 4, 1996. Decided: September 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-444X] Lamoille Valley Railroad Company--Abandonment and Discontinuance of Service Exemption--in Franklin and Lamoille Counties, VT Lamoille Valley Railroad Company (LVRC) has filed a notice of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon and discontinue service over 44.4 miles of railroad line from railroad milepost 95.324, in Swanton, to railroad milepost 94.288, in Swanton, and from railroad milepost 92.000, in Highgate, to railroad milepost 48.614, in Morrisville, located in Franklin and Lamoille Counties, VT. LVRC has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has moved over 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 18, 1996, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Decided: September 10, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33053] Lackland Western Railroad Company--Acquisition and Operation Exemption--St. Louis Southwestern Railway Company Lackland Western Railroad Company (LWRC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 49.2 miles of rail line from the St. Louis Southwestern Railway Company (St. Louis) between Union, MO (SSW/MP 59.5, St. Louis District), and Rock Island Jct., MO (SSW/MP 10.3, St. Louis District). In addition, LWRC will acquire approximately 18.1 miles of trackage rights of St. Louis over Terminal Railroad Association of St. Louis between Rock Island Jct., MO (TRRA/MP 9.31, West Belt District), and Valley Jct., IL (TRRA/MP 7.21, Illinois Transfer District), for a total 67.3 miles of rail line. The transaction is expected to be consummated on January 1, 1997. Decided: September 11, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33049] Dubois County Railroad Corporation--Acquisition and Operation Exemption--Norfolk Southern Railway Company Dubois County Railroad Corporation (Dubois), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41: (1) To acquire (by initial lease and subsequent purchase) and operate a total of approximately 16.4 miles of rail line owned by Norfolk Southern Railway Company (NS) between milepost 46.9-EB at Huntingburg, IN, and milepost 63.3-EB at Dubois, IN. Dubois will operate the line. Consummation of the initial lease part of the transaction was expected to occur on or about August 30, 1996, and consummation of the subsequent purchase part of the transaction is expected to occur on or about December 31, 1996. Decided: September 16, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33050] Dubois County Railroad Corporation and Indiana Railway Museum, Inc.--Corporate Family Transaction Exemption Dubois County Railroad Corporation (Dubois) and Indiana Railway Museum, Inc. (Indiana) have filed a joint notice of exemption to undertake a corporate family transaction. Under the Assignment of Purchase Rights agreement, Dubois, a wholly owned Class III line rail carrier, will assign the rights it acquires from Norfolk Southern Railway Company (NS) to its parent Indiana, a noncarrier. Dubois will continue to operate the line. Consummation is expected to occur after the August 30, 1996 effective date but no later than December 31, 1996. Dubois states that it currently operates the rail line pursuant to a trackage rights agreement with NS that was the subject of a notice of exemption in Finance Docket No. 32323. 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 carrier operating outside applicant's corporate family. The purpose of the transaction is to enable Indiana to expand its historic preservation and educational mission while preserving rail service to shippers. Decided: September 16, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33118] Warren & Trumbull Railroad Company--Lease and Operation Exemption--Rail Lines in Trumbull County, OH Warren & Trumbull Railroad Company (WTRC), a Class III railroad, has filed a notice of exemption under 49 CFR 1150.41 to lease and operate 2.4 miles of rail line currently owned and operated by CSX Transportation, Inc. between milepost A-79.6 and milepost A-82.0 in Girard, Trumbull County, OH. The transaction was scheduled to be consummated on or after the effective date of September 16, 1996. Decided: September 16, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration Major Investment Study/Draft Environmental Impact Statement for the Cross County Corridor, Bucks, Chester and Montgomery Counties, Pennsylvania and Mercer County, New Jersey ACTION: Notice of Intent (NOI) to prepare a Major Investment Study (MIS)/Draft Environmental Impact Statement (DEIS). SUMMARY: The Federal Transit Administration (FTA) and the Southeastern Pennsylvania Transportation Authority (SEPTA) intend to undertake a MIS/DEIS in accordance with the Intermodal Surface Transportation Efficiency Act (ISTEA) and the National Environmental Policy Act (NEPA). A key supporting agency is the Delaware Valley Regional Planning Commission (DVRPC), the Metropolitan Planning Organization (MPO) for the region. The MIS/DEIS will consider transportation improvements along an east-west corridor from the vicinity of Glenloch, Chester County, to Morrisville, Bucks County, Pennsylvania. In particular, the focus will be on CONRAIL's Morrisville Line, also known as the Trenton Cut-Off, which runs from Downingtown, Chester County to Morrisville, Bucks County, traversing Montgomery County. In addition, the MIS/DEIS could consider possible extensions to Parkesburg, Chester County (to the west), and Trenton, New Jersey (to the east). Both termini are under consideration because the shorter Glenloch to Morrisville, Pennsylvania segment has logical terminus, independent utility and can be built without prejudice to possible future consideration of the extension into New Jersey. Financial issues and other factors possibly resulting from the MIS may result in a DEIS focusing on the Pennsylvania segment. For these reasons, SEPTA is soliciting public and agency input from both Pennsylvania and New Jersey regarding modal alternatives to be considered, including alternative termini and related issues. SUPPLEMENTARY INFORMATION: Description of Study Area and Project Need The proposed Cross County Corridor would examine the potential for circumferential transit service for 48 miles from the vicinity of Morrisville, Bucks County to Glenloch, Chester County, traversing Montgomery County. This proposed route was determined as a result of the Cross County Metro Feasibility Assessment Final Report completed in May 1994. A segment of the proposed new route would share the right-of- way of CONRAIL'S existing Morrisville freight line (also known as the Trenton Cut-Off). The proposed Cross County Corridor is intended to fill a key missing link in the provision of public transportation service in southeastern Pennsylvania by providing for inter- and intra-suburban trips to shopping, industrial/office and residential concentrations in Bucks, Montgomery and Chester Counties. An alternative to automobile travel could be provided, which would help to alleviate congestion, reduce travel time and improve air quality. At the same time, the Cross County Corridor could facilitate intermodal connections to SEPTA's existing, radial commuter rail and transit services; potential park and ride lots located along the Pennsylvania Turnpike and U.S. Route 202; as well as feeder bus service between the proposed stations and nearby development concentrations. These connections and intermodal opportunities would also enhance the regional mobility choices of Delaware County and City of Philadelphia residents, particularly those city residents seeking suburban jobs, and would better serve SEPTA's growing reverse commute market. SEPTA is seeking comment from people and agencies on both sides of the Delaware River in Pennsylvania and New Jersey regarding the alternatives to be considered, including alternative termini and related issues. Alternatives The alternatives proposed for evaluation include: No-Build which involves no change to transportation services or facilities in the corridor beyond those improvements currently programmed; the TSM alternative which focuses on operational and low-cost capital improvements to transit routes and services in the corridor; electric regional rail in trunk line service; electric light rail with branches or diversions; fixed route bus service operating along a busway on the corridor (busways) or on local roads off the corridor (improved bus with TSM improvements). Through the scoping process and public involvement, additional reasonable alternatives will be identified, including variations in mode, alignment (trunk or branch operations), length, number of stations and similar characteristics. FTA Procedures In accordance with federal transportation planning regulations (23 CFR Part 450), the DEIS will be prepared in conjunction with a MIS and document the results of that study, including an evaluation of the social, economic, and environmental impacts of the alternatives. Upon completion of the MIS/DEIS, and on the basis of the comments received, the General Manger of SEPTA in consultation with the participating agencies, including the DVRPC, will select a locally preferred alternative, with its associated facilities and supporting services (i.e., stations, park and ride lots, feeder bus service, pedestrian and vehicular access, etc.). Then SEPTA, as lead agency, will seek to continue with further preliminary engineering and preparation of the Final EIS. Issued on: September 20, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33120] Connecticut Southern Railroad, Inc.--Acquisition and Operation Exemption--Lines of Consolidated Rail Corporation Connecticut Southern Railroad, Inc. (CSO), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate 23.1 miles of rail lines in the State of Connecticut from Consolidated Rail Corporation (Conrail) between milepost 0.0, at East Hartford, and milepost 6.7, at East Windsor; between milepost 0.0, at Windsor Locks, and milepost 4.2, at Suffield; between milepost 0.0, at Hartford, and milepost 9.6, at Manchester; and between milepost 0.0, at Hartford, and milepost 2.6, at Wethersfield. In addition, CSO will acquire by assignment Conrail's rail freight easement over 55 miles of rail line owned by the National Railroad Passenger Corporation in the States of Connecticut and Massachusetts between Amtrak milepost 7.0, near North Haven, CT, and Amtrak milepost 62.0, at Springfield, MA. The transaction is expected to be consummated on September 20, 1996. Decided: September 18, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32121] RailTex, Inc.--Continuance in Control Exemption--Connecticut Southern Railroad, Inc. RailTex, Inc. (RailTex), a noncarrier holding company, has filed a notice of exemption to continue in control of the Connecticut Southern Railroad, Inc. (CSO), upon CSO's becoming a Class III railroad. The transaction is expected to be consummated on September 20, 1996. RailTex controls 20 existing Class III railroad subsidiaries: San Diego & Imperial Valley Railroad Company, Inc., operating in California; North Carolina & Virginia Railroad Company, Inc. (including Virginia Southern Division), operating in North Carolina and Virginia; South Carolina Central Railroad Company, Inc. (including Carolina Piedmont Division), operating in South Carolina; Mid-Michigan Railroad, Inc. (including Northeast Kansas & Missouri Division and Texas Northeastern Division) operating in Texas, Kansas, Missouri and Michigan; Chesapeake & Albemarle Railroad Company, Inc., operating in Virginia and North Carolina; Michigan Shore Railroad Company, Inc., operating in Michigan; New Orleans Lower Coast Railroad Company, Inc., operating in Louisiana; Dallas, Garland & Northeastern Railroad, Inc., operating in Texas; Indiana Southern Railroad, Inc., operating in Indiana; Missouri & Northern Arkansas Railroad Company, Inc., operating in Kansas, Missouri and Arkansas; Salt Lake City Southern Railroad Company, Inc., operating in Utah; Grand Rapids Eastern Railroad, Inc., operating in Michigan; Central Oregon & Pacific Railroad, Inc., operating in Oregon and California; New England Central Railroad, Inc., operating in Vermont, New Hampshire, Massachusetts, and Connecticut; Georgia Southwestern Railroad, Inc. (including Georgia & Alabama Division and Georgia Southwestern Division), operating in Alabama and Georgia; Austin & Northwestern Railroad Company, Inc. (including Texas- New Mexico Division), operating in Texas and New Mexico; Cincinnati Terminal Railway Company, operating in Ohio; Indiana and Ohio Railroad, Inc., operating in Indiana and Ohio; Indiana & Ohio Railway Company, operating in Ohio; and Indiana & Ohio Central Railroad, Inc., operating in Ohio. RailTex states that: (i) The rail lines to be operated by CSO do not connect with any railroad in the RailTex corporate family; (ii) the transaction is not part of a series of anticipated transactions that would connect CSO with any railroad in the RailTex corporate family; and (iii) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Decided: September 18, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33115] North Coast Railroad Authority--Lease and Operation Exemption-- California Northern Railroad Company Northwestern Pacific Railroad Authority, and Golden Gate Bridge, Highway and Transportation District North Coast Railroad Authority (NCRA), a Class III railroad, has filed a notice of exemption under 49 CFR 1150.41 to acquire by lease and operate approximately 142.2 miles of California Northern Railroad Company (CNRC) line, known as the Northwestern Pacific Line, located in Mendocino, Sonoma, Marin and Napa Counties, CA. In addition, the Northwestern Pacific Railroad Authority and the Golden Gate Bridge, Highway and Transportation District have agreed to grant surface freight and passenger excursion easement to NCRA for a total of 67.9 miles of line (that portion of the Northwestern Pacific Line not owned by NCRA). The line is comprised of four segments: (1) the Willits Segment--extending from NWP milepost 142.5 near Outlet Station to NWP milepost 68.22 near Healdsburg, CA, a distance of approximately 74.3 miles (rail line owned by NCRA); (2) the Healdsburg Segment--extending from NWP milepost 68.2 near Healdsburg, CA, to NWP milepost 26.96 near Novato, CA, a distance of approximately 41.2 miles; (3) the Novato Segment--extending from NWP milepost 26.96 near Novato, CA, to NWP milepost 25.6 near Ignacio, CA, a distance of approximately 1.4 miles; and (4) the Lombard Segment--extending from NWP milepost 25.6 near Ignacio, CA, to Lombard Station in Napa County, CA, SPM milepost 63.4, a distance of approximately 25.3 miles. CNRC is assigning to NCRA its rights obtained by Lease Agreement dated August 27, 1993, and amended April 30, 1996, between the Southern Pacific Transportation Company and CNRC. NCRA will be the operator of the Northwestern Pacific Line and will be doing business under the name ``Northwestern Pacific Railroad.'' NCRA is currently operating over approximately 131.7 miles of the Northwestern Pacific Line under a trackage rights arrangement previously exempted by the Board. See Finance Docket No. 32994 (STB served July 19, 1996). The transaction was scheduled to be consummated on or after the effective date of September 12, 1996. Decided: September 18, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32841 (Sub-No. 1)] East Texas Central Railroad, Inc.--Operation Exemption--Northeast Texas Rural Rail Transportation District East Texas Central Railroad, Inc. (ETC) has filed a verified notice of exemption under 49 CFR 1150.31 to operate a total of approximately 38 miles of rail lines as follows: (1) approximately 31.0 miles of rail lines owned by Northeast Texas Rural Rail Transportation District (NETEX) beginning at milepost 524.0, located approximately 6.2 miles west of Sulphur Springs, TX, and proceeding in a westerly direction through the Counties of Hopkins and Delta to milepost 555.0 at Simtrott in Hunt County, TX; and, (2) approximately 7 miles of rail line owned by the St. Louis Southwestern Railway Company between milepost 524.0 and milepost 517.0, pursuant to trackage rights acquired by NETEX for the purpose of interchanging and switching at Sulphur Springs, TX. ETC entered into an agreement with NETEX to perform these rail operations, which commenced in April 1996. Due to an oversight, ETC did not file a verified notice of exemption with the Board prior to commencing its rail operations. ETC, a noncarrier prior to commencement of operations, now seeks to correct this error by filing this notice involving the class exemption under 49 CFR 1150.31. The effective date of this exemption is September 8, 1996. On September 3, 1996, the shares of ETC were to be acquired by Southern Railway Services, Inc. (SRS), a noncarrier that is not in control of any other carrier. ETC states that the sale of its stock to SRS will not have any impact on its continuing obligation to provide rail operations under its agreement with NETEX. Decided: September 20, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33041] Palouse River & Coulee City Railroad, Inc.--Acquisition Exemption--Burlington Northern Railroad Company Palouse River & Coulee City Railroad, Inc. (PRCC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire approximately 277.3 miles of rail lines owned by Burlington Northern Railroad Company (BN) as follows: between the C.W. Subdivision milepost 1.0 north of Cheney, WA, and the western end of the rail line at C.W. Subdivision milepost 108.8 in Coulee City, WA; between the Palouse Subdivision milepost 1.0 south of Marshall, WA, and the southern end of the rail line at Palouse Subdivision milepost 123.5 at or near Arrow, ID; and between WIM Subdivision milepost 0.0 at Palouse, WA, and the eastern end of the rail line at WIM Subdivision milepost 47.0 at Bovill, ID. The transaction was to have been consummated on or after the September 4, 1996 effective date of the exemption. Decided: September 19, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33042] Richard B. Webb and Susan K. Lundy--Continuance in Control Exemption--Palouse River & Coulee City Railroad, Inc. Richard B. Webb and Susan K. Lundy (Applicants), have filed a notice of exemption to continue in control of Palouse River & Coulee City Railroad, Inc. (PRCC), upon PRCC's becoming a Class III rail carrier. The transaction was to have been consummated on or after the September 4, 1996 effective date of the exemption. Applicants control one other nonconnecting Class III rail carrier-- South Kansas and Oklahoma Railroad Company (SKO)--which operates lines in the States of Kansas and Oklahoma. Applicants state that: (1) PRCC will not connect with SKO; (2) the continuance in control is not part of a series of anticipated transactions that would connect the two railroads; 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. Decided: September 19, 1996. ------------------------------------------------------------------------------------------------- RELATED NEWS: The North Carolina Railroad Co. (NCRR) announced that it has initiated litigation against Norfolk Southern asserting rental, property ownership, environmental, and other claims arising out of the expiration of its leases with Norfolk Southern. NCRR claims Norfolk Southern discontinued rental payments in August 1996 and has continued to use its rail line, declining to continue payments on an interim basis except on terms which were unacceptable to NCRR. In July 1996, a U.S. District Court invalidated an NCRR shareholder meeting held in December 1995 to approve a Lease Extension Agreement with Norfolk Southern. The agreement called for an $8 million annual rental retroactive to Jan. 1, 1995, with adjustments for inflation thereafter. ===================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. =======================================================================