DOT REPORT #22 - October, 1996 =========================================================== A compilation of rail notices published by the US Department of Transportation between October 16 - 31, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. =========================================================== CONTENTS: Ormet Railroad Corporation--Exemption From 49 U.S.C.; Subtitle IV Connecticut Central Railroad Company, Inc.--Modified Rail Certificate Missouri Pacific Railroad Company and Southern Pacific Transportation Company--Construction and Operation Exemption--Avondale, LA Petition for a Waiver of Compliance 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 Dakota Rail, Inc.--Acquisition of Control Exemption--Otter Tail Valley Railroad Company, Inc. RailAmerica, Inc.--Acquisition of Control Exemption--Otter Tail Valley Company, Inc. The Kansas City Southern Railway Company--Trackage Rights Exemption--Illinois Central Railroad Company New Orleans Public Belt Railroad--Trackage Rights Exemption-- Illinois Central Railroad Company Wisconsin & Southern Railroad Co.--Lease and Operation Exemption--Union Pacific Railroad Company Petition for Waivers of Compliance =========================================== DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32908] Ormet Railroad Corporation--Exemption From 49 U.S.C.; Subtitle IV ACTION: Notice of Exemption. SUMMARY: Under 49 U.S.C. 10502, the Board has exempted the Ormet Railroad Corporation from the common carrier obligations under 49 U.S.C. Subtitle IV that arise in connection with its acquisition of a line of railroad from Consolidated Rail Corporation. The grant is made subject to the condition that the Board reserves jurisdiction to conduct a full environmental review contemporaneously with any abandonment or discontinuance of service. DATES: The exemption is effective on November 15, 1996. SUPPLEMENTARY INFORMATION: The subject line, known as the Omal Secondary Track, extends from milepost 60.5 at Powhatten Point to the end of the line, milepost 72.7 at Omal, a distance of 12.2 miles in Monroe County, OH. Ormet Railroad Corporation (ORC) is a wholly owned subsidiary of Ormet Corporation, of Wheeling, WV. The line is operated by Consolidated Rail Corporation under contract with ORC and serves only two shippers, Ormet Primary Aluminum Corporation and Ormet Aluminum Mill Products Corporation, both wholly owned subsidiaries of Ormet Corporation. Decided: October 7, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33125] Connecticut Central Railroad Company, Inc.--Modified Rail Certificate On September 13, 1996, Connecticut Central Railroad Company, Inc. (CCCL), a class III shortline railroad, filed a notice for a modified certificate of public convenience and necessity to operate approximately 7.49 miles of abandoned segments of rail line (the Wethersfield Secondary Track) owned by the Connecticut Department of Transportation (C-DOT). The segments are as follows: (1) between milepost 2.6 and milepost 3.0 at Hartford, CT; (2) between milepost 7.0 at Wethersfield, CT, and milepost 9.8 near Rocky Hill, CT; and (3) between milepost 9.8 and milepost 14.09 at Cromwell, CT. By correspondence received October 1 and October 3, 1996, a representative of C-DOT indicates that the involved segments were acquired by C-DOT in separate transactions utilizing state funds and Federal LRSA funds. The 0.4-mile segment between milepost 2.6 and milepost 3.0 was abandoned by Consolidated Rail Corporation (Conrail) in 1987. C-DOT acquired this segment on May 5, 1987. The segment between milepost 7.0 and milepost 9.8 (2.8 miles) was formerly owned by the New York, New Haven & Hartford Railroad, and then the Penn Central Transportation Company. The segment was not designated for transfer to Conrail, but was available for subsidy under section 304 of the Regional Rail Reorganization Act of 1973 (3R Act). C-DOT acquired this segment on October 28, 1981. The segment between milepost 9.8 and milepost 14.09 (4.29 miles) was acquired by C-DOT on May 4, 1983. The record indicates that this segment was already out of service and abandoned at the time of the USRA's review of lines to be included in the Conrail Final System Plan. Also, the 1973 edition of the Rand McNally Handy Railroad Atlas shows no track in existence at that time between Rocky Hill and Cromwell. Pursuant to a first supplemental agreement dated March 28, 1996, between C-DOT and CCCL, operations were scheduled to commence no sooner than September 16, 1996, and scheduled to terminate on May 17, 2017. The original notice of lease/operating agreement, dated June 24, 1987, governs CCCL's operations over other rail lines owned by C-DOT. The rail segments qualify for a modified certificate of public convenience and necessity. No subsidy is involved. There may be preconditions for shippers to meet in order to receive rail service. CCCL indicates that in order for potential shippers to receive service, they may be required to enter into a contractual agreement with it, and may be subject to a special train charge as set forth in CCCL's tariff. The segment of line between milepost 2.6 and milepost 3.0 will connect with Conrail at Hartford. For the segments between milepost 7.0 and milepost 14.09, CCCL currently maintains interline connections with the Providence and Worcester Railroad Company at Middlefield, CT, and with Conrail at Cedar Hill Yard in New Haven, CT. Decided: October 10, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33123] Missouri Pacific Railroad Company and Southern Pacific Transportation Company--Construction and Operation Exemption--Avondale, LA Missouri Pacific Railroad Company (MP) and Southern Pacific Transportation Company (SP) have filed a notice of exemption under 49 CFR 1150.36 to construct connecting tracks between their adjacent rail lines at three locations near Avondale, LA. The proposed construction is intended to facilitate transactions approved or exempted in the authorized merger of the Union Pacific and Southern Pacific Railroads. Construction is scheduled to begin on December 31, 1996. MP and SP simultaneously filed in this docket a motion to dismiss the notice of exemption on the grounds that the proposed construction and operation of connecting tracks do not require Board approval or exemption. That motion will be the subject of a separate decision by the Board. The Board's Section of Environmental Analysis (SEA) initially considered this construction and operation in the environmental documents prepared in Finance Docket No. 32760. In analyzing the applicants' environmental filings and the potential environmental impacts of the merger, SEA concluded that construction projects related to the merger that are limited in scope and are proposed over disturbed land within existing railroad rights-of-way should be exempt from environmental review. This is such a project. Accordingly, no additional environmental documentation will be prepared in this proceeding and the Board may make a finding of no significant impact. This exemption will be effective on December 31, 1996, unless stayed. Decided: October 17, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for a Waiver of Compliance In accordance with Title 49 Code of Federal Regulations (CFR) Secs. 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 railroad safety regulations. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested and the petitioner's arguments in favor of relief. Transcisco Rail Services Company (Transcisco), FRA Waiver Petition Docket No. RSEQ-96-1 Transcisco seeks a waiver of compliance from that part of 49 CFR Part 240.105 Criteria for selection of designated supervisors of locomotive engineers. Transcisco operates over 4 miles of main track and an industrial yard within the city limits of Miles City, Montana. The grade is essentially level and trains operate at a restricted speed not exceeding 10 mph. The railroad traverses six public crossings at grade four which have active warning devices. Transcisco operates one SW7 locomotive and has a GE 25 ton locomotive as a backup. Transcisco usually operates 1 shift per day and interchanges with the BNSF on a transfer track owned by Transcisco within Miles City limits. Transcisco employs two locomotive engineers and intends to certify both according to their program after the first becomes a Designated Supervisor of Locomotive Engineers contingent upon the granting of this wavier request. Issued in Washington, D.C. on October 15, 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 49 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. 3405 Applicant: Union Pacific Railroad Company The Union Pacific Railroad Company seeks approval of the proposed modification of the traffic control signal system, on the two main tracks, at Stockton, California, milepost 91.8, on the Canyon Subdivision, consisting of the discontinuance and removal of controlled signals ``L'' and ``R''. The reason given for the proposed changes is that train operations in the area no longer require signals at this location. BS-AP-No. 3408 Applicant: R. J. Corman Railroad Company The R.J. Corman Railroad Company seeks approval of the proposed discontinuance and removal of the North and South absolute signals, on the single main track, governing movements over the Cumberland River Bridge, milepost 178.0, near Clarksville, Tennessee, Memphis Line, Clarksville Subdivision, associated with the installation of mast mounted stop signs. The reason given for the proposed changes is that the signal appliances are in very poor, nonmaintainable, and broken condition due to extensive vandalism and age of the devices, and the amount of business performed on this area of trackage does not warrant the extensive repairs to maintain the absolute signals. BS-AP-No. 3409 Applicant: Northern Vermont Railway Company The Northern Vermont Railway Company seeks approval of the proposed discontinuance and removal of the train signal system, on the single main track, between Newport, Vermont, milepost 1.8 and Wells River, Vermont, milepost 63.7, on the Lyndonville Subdivision; and between milepost 58.3 and milepost 55.3, near Newport, Vermont, on the Newport Subdivision, a total distance of approximately 65 miles. The reasons given for the proposed changes are that freight train service has altered the operations in the application area, there have been no train meets for several years on the Lyndonville Subdivision, and the maintenance and repair of the signal system is very expensive. Issued in Washington, D.C. on October 16, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33133] Dakota Rail, Inc.--Acquisition of Control Exemption--Otter Tail Valley Railroad Company, Inc. Dakota Rail, Inc. (Dakota), has filed a notice of exemption to acquire control, through stock purchase, of Otter Tail Valley Railroad Company, Inc. (OTVR). OTVR, a Class III rail carrier, operates solely in Minnesota. On October 4, 1996, Dakota filed a request to amend its verified notice of exemption filed on September 25, 1996, in this proceeding to properly characterize the transaction as ``acquisition of control'' rather than ``acquisition of control and merger.'' Dakota states that, while it intends to merge OTVR into Dakota, there will be a period where OTVR will exist as a separate entity, with Dakota owning 100% of OTVR's outstanding stock and thus controlling OTVR. It indicates that it will seek separate approval of the merger of OTVR into Dakota. OTVR's main line runs from milepost 185.1, near Fergus Falls, MN, northwest to Barnesville Junction, MN (milepost 218.6 = 0). From Barnesville Junction, milepost 0, the main line runs northwest to Moorehead, MN, at milepost 21.25. In addition, a branch line runs from milepost 49.0, at Fergus Falls, west to milepost 61.5, at Foxhome, MN. Dakota, a Class III rail carrier, is a wholly owned subsidiary of RailAmerica, Inc. It operates a noncontiguous rail line from Hutchinson, MN, to Wayzata, MN. Under the terms of an agreement with OTVR, Dakota will acquire 100% of the outstanding stock of OTVR. The effective date of the exemption was October 11, 1996. By decision served October 9, 1996, the Board's Secretary granted a motion for a protective order permitting the stock purchase agreement to be filed under seal. This transaction is related to a notice of exemption filed in STB Finance Docket No. 33138, wherein RailAmerica seeks to acquire control, through Dakota, of OTVR. Dakota indicates that: (1) OTVR does not connect with any other railroads in Dakota's corporate family; (2) the involved transaction is not part of a series of anticipated transactions that would connect Dakota with any other railroad in its corporate family; and (3) 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). The purpose of the transaction is to achieve operating economies and to improve service over the lines. Decided: October 17, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33138] RailAmerica, Inc.--Acquisition of Control Exemption--Otter Tail Valley Company, Inc. RailAmerica, Inc. (RailAmerica), a noncarrier, has filed a notice of exemption to acquire control, through its wholly owned subsidiary Dakota Rail, Inc., of Otter Tail Valley Railroad Company, Inc. (OTVR). OTVR, a Class III rail carrier, operates solely in Minnesota. Dakota seeks to acquire control, through stock purchase, of OTVR, in a concurrently filed notice of exemption in STB Finance Docket No. 33133. OTVR's main line runs from milepost 185.1, near Fergus Falls, MN, northwest to Barnesville Junction, MN (milepost 218.6 = 0). From Barnesville Junction, milepost 0, the main line runs northwest to Moorehead, MN, at milepost 21.25. In addition, a branch line runs from milepost 49.0, at Fergus Falls, west to milepost 61.5, at Foxhome, MN. RailAmerica also controls the following eight Class III rail carriers that do not connect with OTVR: Huron & Eastern Railway Company, Inc., the Saginaw Valley Railway Company, Inc., the South Central Tennessee Railroad Company, Dakota, the West Texas & Lubbock Railroad Company, Inc., the Plainview Terminal Company, Evansville Terminal Company, Inc., and the Cascade and Columbia River Railroad Company. The effective date of the exemption was October 11, 1996. This transaction is related to a notice of exemption filed in STB Finance Docket No. 33133, wherein Dakota seeks to acquire control, through stock purchase, of OTVR. RailAmerica states that: (1) OTVR does not connect with any other railroads in its corporate family; (2) the involved transaction is not part of a series of anticipated transactions that would connect OTVR with any other railroad in its corporate family; and (3) 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). The purpose of the transaction is to achieve operating economies and to improve service and financial viability. Decided: October 17, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33181] The Kansas City Southern Railway Company--Trackage Rights Exemption--Illinois Central Railroad Company Illinois Central Railroad Company (IC) has agreed to grant overhead trackage rights to The Kansas City Southern Railway Company (KCS) on 500 feet of its track near IC milepost 921, at the Lambert Junction Interlocking, New Orleans, LA. The transaction was scheduled to be consummated on October 21, 1996. The trackage rights will facilitate economical and efficient operation of KCS's overhead traffic through New Orleans and make more efficient use of IC's and KCS's adjacent trackage. Decided: October 22, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33182] New Orleans Public Belt Railroad--Trackage Rights Exemption-- Illinois Central Railroad Company Illinois Central Railroad Company has agreed to grant overhead trackage rights to New Orleans Public Belt Railroad(NOPB) over its trackage between milepost 449.9, at East Bridge Junction Interlocking, Shrewsbury, LA, and milepost 921.14, at Lambert Junction Interlocking, New Orleans, LA, a total distance of approximately 2.6 miles. NOPB is a local autonomous agency of the City of New Orleans. It is an independent railroad and is not part of any railroad system. The transaction was scheduled to be consummated on October 21, 1996. The trackage rights will facilitate economical and efficient operation of NOPB's overhead traffic through Shrewsbury and New Orleans. Decided: October 22, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33139] Wisconsin & Southern Railroad Co.--Lease and Operation Exemption--Union Pacific Railroad Company Wisconsin & Southern Railroad Co., a Class III short line rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire by lease and operate three interconnecting lines that total approximately 73.62 miles of rail lines owned by Union Pacific Railroad Company and located in the State of Wisconsin as follows: (1) The Reedsburg Line between milepost 134.0 at Madison and milepost 191.9 at Reedsburg; (2) the Cottage Grove Industrial Lead between milepost 81.0 (a point diverging from the Reedsburg Line at about milepost 139.3 in Madison) and milepost 71.0 at Cottage Grove; and (3) the Central Soya Industrial Lead between milepost 83.78 (a point diverging from the Reedsburg Line at about milepost 136.7 in Madison) and milepost 89.50 in Madison. The proposed transaction was to be consummated on or about October 20, 1996. Decided: October 22, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waivers of Compliance In accordance with 49 CFR 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 individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested and the petitioner's arguments in favor of relief. Siemens Transportation Systems, Incorporated (Siemens) Docket Number H-96-2 Siemens requests waivers of compliance with certain provisions of the Federal Railroad Administration (FRA) railroad safety regulations. It is seeking relief from sections of the Railroad Locomotive Safety Standards, the Railroad Safety Appliance Standards and the Railroad Safety Glazing Standards. The relief is being sought in order to demonstrate the Regio Sprinter (Sprinter) diesel powered rail vehicle in the United States. The planned demonstration is being organized by Siemens and the National Railroad Passenger Corporation (Amtrak) in cooperation with several transit districts, private rail operators, and state departments of transportation. The Sprinter completed a 5 month demonstration in Calgary, Alberta, Canada and is currently in the Siemens assembly facility in Sacremento, California. Presently Sprinters are manufactured by Siemens A.G. in Krefeld, Germany. Sprinters are presently in operation in two locations in Germany and one in Denmark. The Sprinter was developed to serve the German transit non-electrified secondary lines about 30 miles long which link city-centers and mid-size towns with their rural surroundings. The Sprinter used in Calgary and which will be demonstrated in the United States was built for a regional rail authority in Germany and is on loan for the tour. Siemens states that all necessary modifications will be made to the equipment in their Sacramento facility. The horn and headlights will be checked and brought into compliance with Federal Railroad Administration (FRA) Railroad Locomotive Safety Standards, if necessary. Marker lights will be verified for proper color and intensity. The necessary communication equipment will be installed. Exterior sound level tests will be performed in Sacramento. The required air brake tests and inspections will be done prior to any demonstration operation. The Sprinter is a double articulated, 70% low floor, diesel hydraulic train set with an operating cab at each end carried on an A+2+A wheel arrangement. The driven end wheels are 30 inches in diameter and the center truck wheels are 20 inches in diameter. The Sprinter carbody is approximately 80 feet long, with a center section of approximately 13.5 feet. It has a maximum width of approximately 10 feet and a height above top-of-rail of approximately 11 feet. The Sprinter has a tare weight of approximately 30 ton, a maximum weight of approximately 50 ton, seating capacity of 74 people and a maximum capacity of 100 people. It has a maximum speed of 60 mph. The Sprinter has retractable access ramps for elderly and handicapped passengers. The double-articulated body shell is designed as a self supporting aluminum structure with welded underframe and bolted side walls. The side walls are of FRP sandwich construction, the roof of aluminum sandwich construction. Two sets of two-swing plug doors measuring 52 inches are located at each side of the sprinter. Located at each end of the cab is an autonomous drive system comprised of a 5-cylinder turbocharged and intercooled MAN B&W diesel engine rated at 198 horsepower direct connected to a reversing Hurth automatic transmission. A carden shaft connects the transmission to the axle gear box assembly. The transmission includes a hydrodynamic retarder unit. The two outer sections of the railcar run on single-axle driving wheel-sets, which are connected to the carbody by means of longitudinal steering rods. The center unit is carried on a two axle truck assembly. The center section is connected to the end sections through flexible drawbars. Each engine is suppled from a 350 liter (92 gallon) fuel oil reservoir. The Sprinter brake system consists of the two transmission hydrodynamic retarders, a Knorr computer controlled air brake system and an electromagnetic track brake at the center truck. In a normal service brake application, braking is provided primarily by the transmission retarders, assisted by the air brakes, as modulated by the computer. This system minimizes brake lining wear. All power and intermediate wheel sets are equipped with two brake discs and brake pads. In the event of a brake computer failure, a manual air brake system can be utilized. The electro-magnetic track brake is provided for emergency braking and derives its power from the 24 volt battery system. The Sprinter is equipped with spring-loaded parking brakes, which replaces the handbrakes. Siemens demonstration sites and dates are as follows: December, 1996 Folsom, California........... Regional Transit of Greater Sacramento. Napa, California............. Napa Valley Wine Train (Private railroad). San Jose, California......... Transit Authority of Santa Clara County. January, 1997 Santa Cruz, California....... Santa Cruz Transit District. Oceanside, California........ North County Transit District. Los Angeles, California...... Los Angeles Metrolink. Williams, Arizona............ Grand Canyon Railways (Private railroad). February, 1997 Austin, Texas................ Capitol Metro Transit. Tampa, Florida............... Hartline Transit-Hillsborough County. Orlando, Florida............. Lynx Transit-Greater Orlando. March, 1997 North Carolina...............Triangle Transit-Raleigh, Durham, Chapel Hill District. March/April, 1997 New Jersey................... New Jersey Transit. The planned demonstration tour will focus on locations where there are lightly used secondary branch lines, which could be used for future passenger service. Siemens does not intend to demonstrate the Sprinter on main lines of operation. Movement of the Sprinter from demonstration site to site will be done as either a rail movement where short distances are involved, or on a special leased 89 foot flat car for long hauls. The moves will be coordinated by Amtrak and the local authorities. In many cases the Sprinter service will be run on track where there is only infrequent switching operations. Issued in Washington, D.C. on October 28, 1996. -------------------------------------------------------------------------- RELATED NEWS: Norfolk Southern has asked the Surface Transportation Board to uphold the terms and conditions of Norfolk Southern's lease extension agreement to operate on the North Carolina Railroad. NS asked the board to prescribe the terms and conditions agreed to by it and the NCRR board of directors, and approved by NCRR shareholders, but ruled invalid by a federal judge. Norfolk Southern has indicated that if the STB responds favorably to a North Carolina Railroad request that it set compensation for the lease at a level higher than agreed to, it would probably terminate its operations on parts or all of the NCRR lines and reroute overhead traffic to other routes. Wisconsin Central Transportation Corporation (WCTC) announced it has signed a letter of intent to purchase the Union Pacific's rail lines, contiguous property, and associated facilities from North Green Bay, Wis. to Ishpeming, Mich.; from Powers to Antoine, Mich.; from Quinnesec, Mich. to Niagara, Wis.; and from Cascade to Palmer, Mich. These lines, commonly known as the Green Bay North Lines, comprise approximately 220 route miles of trackage. WCTC indicated that the sale was expected to be consummated by one of its subsidiaries near year end. ============================================================ Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ============================================================