DOT REPORT #21 - October, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between October 1 - 15, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Fox Valley & Western Ltd.--Trackage Rights Exemption--Union Pacific Railroad Company Norfolk Southern Railway Company--Corporate Family Transaction Exemption--The Georgia Midland Railway Company and Elberton Southern Railway Company Dakota, Minnesota & Eastern Railroad Corporation--Abandonment Exemption--in Brown County, SD Petition for Waivers of Compliance Louisiana & Delta Railroad, Inc.--Lease and Operation Exemption-- Southern Pacific Transportation Company Fay Penn Industrial Development Corporation--Acquisition Exemption--CSX Transportation, Inc. Southwest Pennsylvania Railroad Company--Operation Exemption--CSX Transportation, Inc. Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 CFR Part 236 Fox Valley & Western Ltd.--Trackage Rights Exemption--Union Pacific Railroad Company Wisconsin Central Ltd.--Trackage Rights Exemption--Union Pacific Railroad Company Environmental Impact Statement on the Central Florida Light Rail Transit System Chicago SouthShore & South Bend Railroad Co.--Acquisition Exemption--Kensington and Eastern Railroad Co. Michigan Shore Railroad, Inc.--Abandonment Exemption--In Muskegon, Muskegon County, MI Southern Pacific Transportation Company--Trackage Rights Exemption--Union Pacific Railroad Company Union Pacific Railroad Company--Trackage Rights Exemption-- Southern Pacific Transportation Company Canadian Pacific Limited, Canadian Pacific Railway Company, and Napierville Junction Railroad Company--Corporate Family Transaction Exemption--St. Lawrence & Hudson Railway Company Limited Union Pacific Railroad Company--Discontinuance of Service Exemption--in Bannock and Bingham Counties, ID Providence and Worcester Railroad Company--Acquisition and Operation Exemption--Certain Rights of Consolidated Rail Corporation The Columbus & Ohio River Rail Road Company--Acquisition and Operation Exemption--Consolidated Rail Corporation Flats Industrial Railroad Company--Acquisition and Operation Exemption--Consolidated Rail Corporation Shawnee Terminal Railway Company, Inc.--Acquisition and Operation Exemption--Cairo Terminal Railroad Company Southeast Kansas Railroad Company--Abandonment Exemption--in Vernon and Barton Counties, MO Canadian American Railroad Company--Trackage Rights Exemption-- The Northern Vermont Railroad Company Incorporated ======================================================================= DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33117] Fox Valley & Western Ltd.--Trackage Rights Exemption--Union Pacific Railroad Company Union Pacific Railroad Company (UP), a Class I railroad, has agreed to grant non-exclusive trackage rights, subject to certain routing restrictions, to Fox Valley & Western Ltd. (FVW), a Class II railroad, over its trackage between milepost 4.00 at Duck Creek, WI, and milepost 5.70, at Howard, Brown County, WI. The transaction is scheduled to be consummated on September 26, 1996. The trackage rights will enable FVW to move loaded and empty cars for the purpose of serving industries at Howard, WI. Decided: September 24, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33124] Norfolk Southern Railway Company--Corporate Family Transaction Exemption--The Georgia Midland Railway Company and Elberton Southern Railway Company Norfolk Southern Railway Company (NSR), a Class I railroad, The Georgia Midland Railway Company (GM), and Elberton Southern Railway Company (Elberton), Class III railroads that own property located entirely in the State of Georgia, have jointly filed a verified notice of exemption. The exempt transaction is a merger of GM and Elberton with and into NSR. NSR is controlled through stock ownership by Norfolk Southern Corporation, a noncarrier holding company. GM and Elberton are wholly owned, direct subsidiaries of NSR. GM owns approximately 4 miles of road which are and have been leased by NSR since 1896. Elberton owns approximately 2 miles of road which are and have been operated by NSR since approximately 1909. The proposed agreement and plan of merger states that any outstanding shares of GM's and Elberton's capital stock will be canceled and retired, and no consideration will be paid in respect of such shares. The transaction is expected to be consummated on or soon after October 1, 1996. The proposed merger will eliminate GM and Elberton as separate corporate entities, thereby simplifying the corporate structure of NSR and the NSR system, and eliminating costs associated with separate accounting, tax, bookkeeping and reporting functions. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). The parties state that the transaction will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family. Decided: September 24, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-337 (Sub-No. 4X)] Dakota, Minnesota & Eastern Railroad Corporation--Abandonment Exemption--in Brown County, SD Dakota, Minnesota & Eastern Railroad Corporation (DM&E) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 0.55 miles of its line of railroad known as the Aberdeen Line (of former Aberdeen to Oakes Subdivision) from approximately milepost 83.15+/- to approximately milepost 82.6+/- in Brown County, SD. DM&E 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 October 31, 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 24, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waivers 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 with certain requirements of the Federal safety laws and regulations. The petition is described below, including the regulatory provisions involved, the nature of the relief being requested and the petitioner's arguments in favor of relief. Florida East Coast Railway FRA Docket Number RSRM-96-1 The Florida East Coast Railway (FEC) seeks a waiver of compliance from 49 CFR Part 221--Rear End Marking Device--Passenger, Commuter and Freight Trains. The FEC is requesting a waiver of compliance to continue to operate trains if the rear end marking device becomes defective enroute, past West Palm Beach and Ft. Lauderdale, Florida. The stopping of trains at West Palm Beach blocks several public road crossings and is considered a dangerous area. FEC feels that time sensitive southbound trains that have an inoperative rear end marking device approaching Ft. Lauderdale should continue to Ft. Pierce, Florida. Ft. Lauderdale is a busy intermodal facility with road crossings at each end which prohibit a train movement, requiring the crew member to walk the entire length of the train. All defective rear end marking devices would be changed at Ft. Pierce, Florida which is 57 miles north of West Palm Beach and 12 1/2 miles south of Ft. Lauderdale. Title 49 CFR 221.17 ``Movement of Defective Equipment'' states in part: (a) Whenever the marking device prescribed in this part becomes inoperative enroute, the train may be moved to the next forward location at where repairs can be made or replaced. FEC operates 360.7 miles of freight railroad between Jacksonville and Miami, Florida. FEC maintains an Automatic Train Control (ATC) signal system that reduces the possibilty for train collisions. Issued in Washington, DC on September 27, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33003] Louisiana & Delta Railroad, Inc.--Lease and Operation Exemption-- Southern Pacific Transportation Company Louisiana & Delta Railroad, Inc. (LDRR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41: (1) To lease and operate approximately 8.909 miles of rail line; and (2) to acquire approximately 15 miles of incidental overhead trackage rights owned by Southern Pacific Transportation Company (SPT) and located in the State of Louisiana. The proposed transaction was to be consummated on or after September 10, 1996, the effective date of the exemption. The lines involved in the acquisition by lease are described as follows: The Breaux Bridge Branch from milepost 0.35 at or near BR Jct. to the end of track at milepost 8.060 at or near Breaux Bridge, and the remaining segment of the St. Martinsville Branch from the switch on the Breaux Bridge Branch near milepost 7.678 at a point on the St. Martinsville Branch near milepost 19.381 to the end of track at milepost 19.680; and the Alexandria Branch from milepost 0.50 at or near Alex Jct. to the end of track at milepost 1.00, and the extension track from milepost 144.90 to milepost 145.30. These lines involve a total distance of approximately 8.909 miles. The lease also grants LDRR the right to operate side tracks at mileposts 143.97, 143.55, 141.465 and 140.146, and spurs at mileposts 145.129 and 121.92. SPT states that the right to operate these tracks is not subject to Board jurisdiction. The incidental trackage rights involved are described as follows: The extension of existing trackage rights from milepost 131.0 at Ara Spur to milepost 146.0 at the east end of, but not including, Lafayette Yard, a total distance of approximately 15 miles. LDRR states that these trackage rights extend existing trackage rights granted by SPT to LDRR in ICC Finance Docket No. 30958. A letter, dated September 9, 1996, requesting that this application be denied was received from Tyrone Boudreaux, for and on behalf of the United Transportation Union-Louisiana State Legislative Board. If Mr. Boudreaux wishes the Board to consider his letter, or to consider a more detailed petition, he must serve a copy of his letter or petition for relief on LDRR's counsel and certify to us that he has done so. Because Mr. Boudreaux asserts a nexus between this filing by LDRR and the Board's Decision No. 44 (served August 12, 1996) in Finance Docket No. 32760, Union Pacific Corporation, et. al.--Control and Merger--Southern Pacific Rail Corporation, et. al., Mr. Boudreaux should also serve a copy of his letter or petition on the counsel for Southern Pacific Transportation Company and on the counsel for Burlington Northern Railroad Company and The Atchison, Topeka and Santa Fe Railway Company, and certify to us that he has done so. Mr. Boudreaux may wish to supplement his filing or otherwise specify what provisions of the statute or the Board's regulations he maintains are violated by the proposed transaction and what adverse effects he sees resulting from this transaction. Decided: September 26, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33051] Fay Penn Industrial Development Corporation--Acquisition Exemption--CSX Transportation, Inc. [STB Finance Docket No. 33051 (Sub-No. 1)] Southwest Pennsylvania Railroad Company--Operation Exemption--CSX Transportation, Inc. Fay Penn Industrial Development Corporation (Fay Penn IDC) and Southwest Pennsylvania Railroad Company (Southwest) have filed a joint notice of exemption under 49 CFR 1150.41: (1) For Fay Penn IDC to acquire and for Southwest to operate a total of approximately 26.80 miles of rail line owned by CSX Transportation, Inc. (CSXT); and (2) for Southwest to acquire a total of approximately 4 miles of incidental trackage rights from CSXT. The lines are located in the Commonwealth of Pennsylvania. Consummation was expected to occur on or after September 13, 1996. The acquisition and operation involve lines operated by CSXT between a point at M.P.B.T. 59.4 at Greene Junction and a point at M.P.B.T. 73.0 near Uniontown, and abandonment tracks of CSXT between a point near M.P.B.T. 73.0 and a point at M.P.B.T. 81.0 in Smithfield, together with the related branch lines, described as follows: a 21.67-mile right-of-way situated between Greene Junction (Rail Valuation Station 4+06.3) and Smithfield (Rail Valuation Station 1148+43.8), including Bo West Yard; the Smithfield & Masontown Branch adjacent to the rail corridor described immediately above; a 2.26-mile portion of the right-of-way known as the South West Branch in Uniontown between Rail Valuation Stations 1926+00 and 2045+45; a 0.27-mile portion of the South West Branch in Fairchance between Rail Valuation Stations 2271+39 and 2285+55; a 0.66-mile right-of-way known as the Redstone Branch in Uniontown between Rail Valuation Stations 874+34 and 839+30; a 0.33-mile portion of the right-of-way known as the Coal Lick Branch in Uniontown between Rail Valuation Stations 3+90 and 21+40; and, a 1.61- mile portion of the right-of-way known as the Fairchance Branch in Fairchance between Rail Valuation Stations 2+10 and 87+20. The incidental trackage rights involve approximately 4 miles of line between Broad Ford and Greene Junction, including rights via various lead tracks and yard tracks within Connellsville Yard. Decided: September 27, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 CFR Part 236 Pursuant to Title 459 CFR Part 235 and 49 U.S.C. App. 26, the following railroads have petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of the signal system or relief from the requirements of Title 49 CFR Part 236 as detailed below. Block Signal Application (BS-AP)-No. 3406 Applicant: Southern Pacific Lines The Southern Pacific Lines, St. Louis and Southwestern Railroad seek approval of the proposed discontinuance and removal of the automatic block signal (ABS) system, associated with the spring switch at milepost 431.5, rear Alden Bridge, Louisiana, Central Region, Midwest Division, Pine Bluff Subdivision, Shreveport Line; consisting of the discontinuance and removal of the two eastbound trailing point signals at milepost 431.5, discontinuance and removal of the two eastbound ``D'' signal at milepost 432.8, conversion of the westbound facing point signal to a switch point indicator, and retention of the ``D'' signal at milepost 429.3 as an advance switch point indicator. The reason given for the proposed changes is that the ABS system around the spring switch is not required for train operations, and a switch point indicator will provide a better operation and be less confusing to train crews. BS-AP-No. 3407 Applicants: Chicago, Central and Pacific Railroad The Chicago, Central and Pacific Railroad seeks approval of the proposed discontinuance and removal of the existing two aspect automatic train stop/automatic block signal system, on the single main track, between Cedar Falls, Iowa, milepost 283.5 and Fort Dodge, Iowa, milepost 376.1, on the Western Division, Fort Dodge Subdivision, associated with the installation of state of the art, multi-aspect, traffic control signal (TCS) and automatic block signal (ABC) systems, utilizing electronic coded track circuits and pole line elimination, at the following locations: TCS...................... milepost 283.5 to milepost 325.5 ABS...................... milepost 325.5 to milepost 327.7 TCS...................... milepost 327.7 to milepost 352.7 ABS...................... milepost 352.7 to milepost 355.6 TCS...................... milepost 355.6 to milepost 373.7 ABS...................... milepost 373.7 to milepost 376.1 The reasons given for the proposed changes are as follows: 1. The inability to acquire replacement parts for the functionally and technologically obsolete, two aspect, automatic train stop (ATS) system, which utilizes vacuum tube technology; 2. The existing ATS system provides only two indications, proceed and proceed at restricted speed, therefore reducing systems credibility and operation efficiency; 3. The installation of the new TCS and ABS multi-aspect systems will provide train engineers more information about braking and route integrity, thereby improving train handling, efficiency, and safety; and 4. The installation of the new systems will effectively renew all signal equipment on the territory with state of the art technology and will eliminate the existing pole line. Issued in Washington, D.C. on September 9, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32714] Fox Valley & Western Ltd.--Trackage Rights Exemption--Union Pacific Railroad Company Union Pacific Railroad Company (UP), a Class I railroad, has agreed to grant trackage rights to Fox Valley & Western Ltd. (FVW), a Class II railroad, over UP's line of railway: (1) Between milepost 99.5, in Granville, WI, to milepost 92.4, in Wiscona, WI; (2) from milepost 8.59, in Wiscona, WI, to milepost 13.97, near Butler, WI; and (3) from milepost 17.31M to milepost 14.50, in Butler, WI, a total distance of 15.29 miles. The transaction is scheduled to be consummated on September 27, 1996. The trackage rights will provide for an efficient interchange route for FVW with UP in UP's Butler Yard at Butler, WI. Decided: September 27, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32713] Wisconsin Central Ltd.--Trackage Rights Exemption--Union Pacific Railroad Company Union Pacific Railroad Company (UP), a Class I railroad, has agreed to grant joint trackage rights to Wisconsin Central Ltd. (WCL), a Class II railroad, over its trackage between UP's milepost 58.95 and UP's milepost 60.55 at South Itasca, WI, a distance of 1.6 miles. The transaction is scheduled to be consummated on September 27, 1996. The trackage rights will enable WCL to use UP's main line and wye tracks at Itasca Yard for coordination of train movements. Decided: September 27, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration Environmental Impact Statement on the Central Florida Light Rail Transit System ACTION: Notice of intent to prepare an Environmental Impact Statement (EIS). SUMMARY: The Federal Transit Administration (FTA), the Florida Department of Transportation, and the Central Florida Regional Transportation Authority (CFRTA), locally known as LYNX intend to prepare an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) on the proposed light rail transit project in Osceola, Orange, and Seminole Counties, Florida. SUPPLEMENTARY INFORMATION: Description of Study Area and Project Need The proposed project consists of an approximately 48.3 mile total light rail transit system. The minimum operating segment consist of 20- 24 miles linking Osceola County's Celebration development in the south, through Orlando and central Orange County, to the vicinity of Sanford and the Volusia and Seminole County lines to the north. The new light rail transit alignment will be located either within the Interstate 4 right-of-way or in adjacent to the CSX rail corridor and surface streets or a combination of the alignment locations. The light rail transit alignment provides the opportunity to connect four of the five intermodal stations identified in the Regional Consensus Plan and Resource Document; the Osceola County Celebration Activity Center; the International Drive Grand Terminal Station; the Downtown Orlando Intermodal Facility, and the Sanford/Seminole County Transportation Center. Interstate 4 is generally considered to be the spine of Central Florida's transportation system, carrying the greatest number of people and vehicles of any transportation facility in the region and serving many of the region's primary activity centers. On most of its sections Interstate 4 has evolved from being a highway primarily intended to serve long distance travelers to one which serves many shorter trips. Congestion and delays on Interstate 4 and along the parallel arterial highways are now considered to be the major transportation problem facing this rapidly growing region. With the prospect of continued and accelerated growth in population and tourism in Central Florida, travel conditions will continue to deteriorate at an increasing rate. In response to this need, FDOT, in conjunction with LYNX, has completed a Major Investment Study (MIS) for the Interstate 4 corridor. The results of the MIS study and corresponding Interstate 4 Multi-Modal Master Plan resulted in a recommended design concept and scope consisting of six general use lanes, two special use lanes, and a light rail transit system to provide the required mobility in the Interstate 4 corridor. Alternatives The alternatives proposed for evaluation include: (1) No-action, which involves no change to transportation services or facilities in the corridor beyond already committed projects, (2) a transportation system management alternative, which will be used for cost-effectiveness comparisons, consists of low-to-medium cost improvements to the facilities and operations of LYNX in addition to the currently planned transit improvements in the corridor, (3) new light rail transit alignment located either within the Interstate 4 right-of-way or in or adjacent to the CSX rail corridor and select surface streets or combinations of the alignment locations. Issued on: October 3, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33119] Chicago SouthShore & South Bend Railroad Co.--Acquisition Exemption--Kensington and Eastern Railroad Co. Chicago SouthShore & South Bend Railroad Co. (CSS), a Class III rail carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire: (1) Approximately 6.2 miles of double track rail line from Kensington & Eastern Railroad Co. (K&E), extending from milepost 0.0, at 115th Street in Chicago, IL, to milepost 6.2, at the Illinois- Indiana State Line in Burnham, IL, opposite Hammond, IN; and (2) approximately 387 feet of contiguous line from Illinois Central Railroad Co., K&E's parent company, running from K&E to the point of connection with Chicago Rail Link just north of 130th Street (collectively herein referred to as the Subject Line). The transaction was expected to be consummated on or after September 30, 1996. CSS will continue to operate freight service and the Northern Indiana Commuter Transportation District will continue to operate passenger service over the lines. As part of CSS's acquisition, CSS has granted to IC incidental local and bridge trackage rights to provide freight service to the industries and future occupants of facilities currently located on the Subject Line, and to obtain access to serve all current and future industries located within the Illinois International Port District. These trackage rights were existing rights which CSS agreed could be reserved by K&E on behalf of IC, as part of its conveyance of interests to CSS, and by IC on its own behalf. Decided: October 1, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-361 (Sub-No. 2X)] Michigan Shore Railroad, Inc.--Abandonment Exemption--In Muskegon, Muskegon County, MI ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board exempts from the requirements of 49 U.S.C. 10903 the abandonment by Michigan Shore Railroad, Inc., of a 3.21-mile rail line extending from milepost 93.59, at Getty Street and Laketon Avenue in Muskegon, MI, to the end of the track at milepost 90.38, near Dangl Road and Laketon Avenue near Muskegon, all in Muskegon County, MI, subject to standard labor protective conditions. DATES: The exemption will be effective November 7, 1996 unless stayed or a statement of intent to file an offer of financial assistance (OFA) is filed. Decided: September 23, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33129] Southern Pacific Transportation Company--Trackage Rights Exemption--Union Pacific Railroad Company Union Pacific Railroad Company (UP) has agreed to grant overhead trackage rights to Southern Pacific Transportation Company (SP) over three rail segments that total approximately 65.60 miles of contiguous rail lines located in Los Angeles and the vicinity of Los Angeles, CA, as follows: (1) The Los Angeles Subdivision between Los Angeles (M.P. 2.88) and Bartola (M.P. 11.44); (2) the Los Angeles Subdivision between City of Industry (M.P. 18.44) and Riverside (M.P. 56.6); and (3) the San Pedro Branch in Los Angeles (M.P. 2.83 to M.P. 21.71). The trackage rights were to become effective on or after September 26, 1996. Decided: October 1, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33128] Union Pacific Railroad Company--Trackage Rights Exemption-- Southern Pacific Transportation Company Southern Pacific Transportation Company (SP) has agreed to grant overhead trackage rights to Union Pacific Railroad Company (UP) over eight rail segments that total approximately 131.6 miles of contiguous rail lines located in Los Angeles and the vicinity of Los Angeles, CA, as follows: (1) The West Line between Los Angeles (M.P. 482.8) and Colton (M.P. 539.0); (2) the Bakersfield Line between Dike (M.P. 481.0) and West Colton (M.P. 494.2); (3) the Amoco Line in Los Angeles (M.P. 484.9 to M.P. 498.3); (4) the San Pedro Branch in Los Angeles (M.P. 498.3 to 501.4); (5) the Vernon Line in Los Angeles (M.P. 489.1 to M.P. 496.2); (6) the Walker Line between Los Angeles (M.P. 487.3) and Bartola (M.P. 504.9); (7) the Patata Line between Los Angeles (M.P. 489.0) and Los Nietos (M.P. 500.7); and (8) the LaHabra Branch between Los Nietos (M.P. 496.5) and LaHabra (M.P. 505.8). The trackage rights were to become effective on or after September 26, 1996. Decided: October 1, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33136] Canadian Pacific Limited, Canadian Pacific Railway Company, and Napierville Junction Railroad Company--Corporate Family Transaction Exemption--St. Lawrence & Hudson Railway Company Limited Canadian Pacific Limited (CPL), Canadian Pacific Railway Company (CP Rail), Napierville Junction Railroad Company (NJR), and St. Lawrence & Hudson Railway Company Limited (StL&HR) have jointly filed a verified notice of exemption. (On July 4, 1996, Canadian Pacific Limited changed its name to Canadian Pacific Railway Company, and a new noncarrier holding company, Canadian Pacific Limited, was created.) CP Rail will transfer its interest in certain U.S. rail assets to StL&HR, a newly-created subsidiary of CP Rail, as follows: (1) Its interest in CNCP-Niagara Detroit, an Ontario partnership, which owns all of the stock of Detroit River Tunnel Company (DRTC) and Niagara River Bridge Company (NRBC). StL&HR will acquire trackage rights from DRTC and NRBC: (a) Through the Detroit River Tunnel (a railway tunnel connecting Detroit, MI, and Windsor, Ontario, Canada) from the international border (mid-tunnel) to the end of the connecting track at milepost 228.2 in Detroit, a distance of approximately 2 miles, and (b) over the Suspension Bridge (a railway bridge between Niagara Falls, Ontario, Canada, and Niagara Falls, NY, between the international border (milepost 0.2) and the end of the access track at milepost 0.0 in Niagara Falls, NY, a distance of 0.2 miles. The trackage rights also include the short segments of connecting track at both the Detroit River Tunnel and the Suspension Bridge. (2) StL&HR will acquire a leasehold interest in the rail properties of NJR, a 1.1-mile segment of track on the U.S. side of the international border near Rouses Point, NY, where NJR connects with the lines of the Delaware and Hudson Railway Company, Inc. (DHRC). (DHRC is a wholly owned subsidiary of CP Rail operating as a rail carrier in the U.S.) (3) StL&HR will acquire incidental overhead trackage rights, by assignment of existing CP Rail trackage rights agreements, to reach connections with U.S. carriers in the Detroit terminal area as follows: (a) Consolidated Rail Corporation (Conrail) trackage between the end of the Detroit River Tunnel connecting track (Conrail milepost 2.02 Main Line) and Conrail milepost 9.3, Detroit Line, including the Delray Interlocking at milepost 5.3, Detroit Line, and between milepost 2.02 and milepost 3.1, Mackinaw Branch, a total distance of approximate 8.4 miles; (b) The Norfolk and Western Railway Company (NW) line between the Delray Interlocking (NW milepost 4.4) and Oakwood Yard (NW milepost 8.87), a distance of approximately 4.47 miles; and (c) The CSX Transportation, Inc. (CSXT) line between Delray Interlocking (CSXT milepost 4.5) and Rougemere Yard (CSXT milepost 6.6), a distance of approximately 2.1 miles. The transaction was expected to be consummated on or after October 1, 1996. Upon consummation of this transaction, StL&HR will become a rail carrier. The proposed transaction is part of an internal reorganization of CP Rail's railroad operations in the eastern United States and eastern Canada. It is designed to improve service and financial performance by realigning CP Rail's railroad operating units and by consolidating duplicate functions, primarily at the managerial and administrative levels. 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 CPL corporate family. Decided: October 2, 1996. --------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 102X)] Union Pacific Railroad Company--Discontinuance of Service Exemption--in Bannock and Bingham Counties, ID Union Pacific Railroad Company (UP) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of Service and Trackage Rights to discontinue service over an approximately 21.49- mile line of railroad known as the Gay Branch (Fort Hall-Gay Line) from milepost 0.03, near Fort Hall, to the end of the line at milepost 21.52, near Gay, in Bannock and Bingham Counties, ID. UP has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on November 8, 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: October 2, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33132] Providence and Worcester Railroad Company--Acquisition and Operation Exemption--Certain Rights of Consolidated Rail Corporation Providence and Worcester Railroad Company (P&W), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from Consolidated Rail Corporation (Conrail): (1) the right to haul sand and stone between New Haven, CT, and Freemont, NY, for interchange with the Long Island Railroad at Freshpond Junction, in Queens, NY; (2) an exclusive freight service right, easement, and trackage rights to haul sand and stone over a line owned by the Connecticut Department of Transportation (CDOT) between milepost 26.1 at the New York/Connecticut State line in Fairfield County, CT, and milepost 72.83 in New Haven, CT, a distance of 46.73 miles; and (3) an exclusive freight service right, easement, and trackage rights to haul sand and stone between Freemont, NY, and the New York/Connecticut State line via: (a) the Conrail Freemont Secondary Track, Oak Point Yard, and the Market Running Track (approximately 14.4 miles); (b) National Railroad Passenger Corporation's (Amtrak) main line-Shell (CP 216) between milepost 18.9 and milepost 15.5 (approximately 3.4 miles); and (c) the line owned by the Metropolitan Transportation Authority (MTA) between milepost 26.1 at the New York/Connecticut State line and milepost 16.3 in New Rochelle, NY (approximately 9.8 miles). P&W currently originates movements of sand and stone at three aggregate quarries at Wallingford (Reeds Gap), Wauregan, and Branford (Pine Orchard), CT, and interchanges them with Conrail at New Haven for subsequent movement to Freshpond Junction. The proposed transaction is designed to increase the efficiency of the movements by eliminating the interchange and thus permitting single carrier service. The only shipper affected, Tilcon Connecticut, Inc., supports the transaction, and CDOT, Amtrak, and MTA consent to it. P&W and Conrail anticipate consummation as soon as the notice of exemption is effective and conditions to closing have been satisfied or waived. They indicate that arrangements were made to commence movements by October 6, 1996. By decision served September 27, 1996, the Chairman stayed the notice to enable P&W and Conrail to submit supplemental information in support of this proposal to transfer the authority and obligation to transport individual commodities. Upon consideration of the parties' supplemental submissions, the Board lifted the stay by decision served and effective on October 3, 1996. Thus, movements could commence on or after October 3, 1996. Decided: October 4, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33135] The Columbus & Ohio River Rail Road Company--Acquisition and Operation Exemption--Consolidated Rail Corporation The Columbus & Ohio River Rail Road Company, a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire by purchase, and to operate, approximately 2.5 miles of rail line owned by Consolidated Rail Corporation between CP 138 and 17th Street in Columbus, OH. Consummation was expected to occur on or after September 30, 1996. Decided: October 3, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33044] Flats Industrial Railroad Company--Acquisition and Operation Exemption--Consolidated Rail Corporation Flats Industrial Railroad Company, a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire by purchase, and to operate, approximately 4 miles of rail lines owned by Consolidated Rail Corporation between M.P. 14 at Cleveland, Cuyahoga County, OH, and M.P. 10 at Carter Road, Cuyahoga County, OH, including the industrial lead to Cereal Food Processors, Inc. The proposed transaction was to have been consummated on or after October 1, 1996. Decided: October 3, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33127] Shawnee Terminal Railway Company, Inc.--Acquisition and Operation Exemption--Cairo Terminal Railroad Company Shawnee Terminal Railway Company, Inc. (Shawnee), a noncarrier, newly-established to become shortline railroad, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate a 2.5- mile line of railroad from Cairo Terminal Railroad Company (Cairo) between milepost 256.9 and milepost 259.4 at Cairo, IL. In addition, Shawnee will acquire, by assignment, Cairo's incidental trackage rights allowing overhead operation over approximately 4.5 miles of line of the Illinois Central Railroad Company between milepost 500 and Cairo, IL. The trackage rights will facilitate interchange and access to yard and industry tracks. The transaction was expected to be consummated as soon as possible after the October 2, 1996 effective date of the exemption. Decided: October 4, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-470X] Southeast Kansas Railroad Company--Abandonment Exemption--in Vernon and Barton Counties, MO Southeast Kansas Railroad Company (SEK) has filed a notice of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon a 24.1-mile portion of its line of railroad between milepost 319.3, at Nassau Junction Station, and milepost 343.4, at or near Liberal, in Barton and Vernon Counties, MO. SEK has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic has been 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 Surface Transportation Board (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 November 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: October 4, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33137] Canadian American Railroad Company--Trackage Rights Exemption-- The Northern Vermont Railroad Company Incorporated The Northern Vermont Railroad Company Incorporated (NV) will agree to grant local and overhead trackage rights to Canadian American Railroad Company (CDAC) over four rail segments that total approximately 86.41 miles of rail lines located in Franklin, Orleans, Caledonia and Orange Counties, VT, as follows: (1) A portion of the Newport Subdivision between the U.S.-Canadian border crossings at mileposts 26.25 and 32.63 (running through Richford); (2) a portion of the Newport Subdivision between the border crossing at milepost 43.32 and the end of the subdivision at Newport at milepost 58.4; (3) the Lyndonville Subdivision, which runs between Newport at milepost 0.0 and Wells River at milepost 63.78; and (4) the unabandoned portion of the former Beebe Subdivision between mileposts 39.04 and 40.21 in or near Newport. These rail lines were expected to be acquired by NV from Canadian Pacific Limited on September 27, 1996, pursuant to an exemption that was the subject of a notice of exemption in STB Finance Docket No. 32981 that was published on July 25, 1996. The trackage rights are to become effective as soon as a final trackage rights agreement is reached between CDAC and NV, but not sooner than October 2, 1996 (the effective date of the trackage rights exemption). Decided: October 7, 1996. -------------------------------------------------------------------------- RELATED NEWS: CSX Corp. announced plans to buy Conrail Inc. for $8.4 billion. A merged CSX and Conrail would serve the eastern half of the United States from Chicago and New Orleans to Boston, New York and Miami. CSX and Conrail said they expected the merger to result in $550 million in cost savings. They said it also would increase traffic. The deal would give Conrail shareholders $92.50 worth of cash and CSX stock for each of their shares. The transaction is expected to be completed in late 1997. ===================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. =======================================================================