DOT REPORT #25 - December, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between December 1 - 15, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Kansas Eastern Railroad, Inc.--Acquisition Exemption--Burlington Northern Railroad Company Nittany & Bald Eagle Railroad Company--Operation Exemption--Lines of SEDA-COG Joint Rail Authority SEDA-COG Joint Rail Authority--Acquisition Exemption--Lines of Consolidated Rail Corporation South Kansas and Oklahoma Railroad, Inc.--Trackage Rights Exemption--Kansas Eastern Railroad, Inc. Pioneer Railcorp--Acquisition of Control Exemption--Shawnee Terminal Railway Company, Inc. Addendum to Petition for Waiver of Compliance Indiana Harbor Belt Railroad Company--Trackage Rights Exemption-- Consolidated Rail Corporation Consolidated Rail Corporation--Abandonment Exemption--in Madison County, IN Wheeling & Lake Erie Railway Company--Abandonment Exemption--in Huron County, OH Grand Trunk Western Railroad Incorporated--Trackage Rights Exemption--Consolidated Rail Corporation Hastings Industrial Link Railroad--Construction and Operation Exemption--Hastings, NE Union Pacific Railroad Company--Abandonment Exemption--in Oconto County, WI Fillmore Western Railway Company; Acquisition and Operation Exemption; Burlington Northern Railroad Company CSX Transportation, Inc.; Abandonment Exemption; in Hamilton County, OH Columbia Basin Railroad Company, Inc.--Exemption To Lease and Operate--Burlington Northern Railroad Co. and BNSF Acquisition, Inc. ====================================================================== DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33292] Kansas Eastern Railroad, Inc.--Acquisition Exemption--Burlington Northern Railroad Company Kansas Eastern Railroad, Inc. (KER), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire 139.3 miles of rail line from the Burlington Northern Railroad Company between milepost 483.0 east of Augusta, KS, and milepost 343.7 west of Columbus, KS. The transaction was expected to be consummated on November 15, 1996. This transaction is related to STB Finance Docket No. 33293, South Kansas and Oklahoma Railroad, Inc.--Trackage Rights Exemption--Kansas Eastern Railroad, Inc., wherein KER will enter into a trackage rights agreement with South Kansas and Oklahoma Railroad, Inc. for the operation of the line being acquired by KER. Decided: November 21, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33297] Nittany & Bald Eagle Railroad Company--Operation Exemption--Lines of SEDA-COG Joint Rail Authority Nittany & Bald Eagle Railroad Company (N&BE), a Class III rail common carrier, has filed a notice of exemption to operate 6.8 miles of lines owned by the SEDA-COG Joint Rail Authority (Authority): (1) Between Tyrone (M.P 0.0) and Vail (M.P. 3.0), in Blair County, PA; (2) between Mill Hall (M.P. 51.5) and Lock Haven (M.P. 54.3), in Clinton County, PA. In addition, N&BE will operate Authority's Mill Hall Industrial Track from milepost 13, in Castenea, PA, to milepost 14, in Mill Hall, PA. The earliest the transaction could be consummated was November 19, 1996, the effective date of the exemption. Decided: November 21, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33284] SEDA-COG Joint Rail Authority--Acquisition Exemption--Lines of Consolidated Rail Corporation SEDA-COG Joint Rail Authority (Authority), a rail common carrier, has filed a notice of exemption under 49CFR 1150.41 to acquire approximately 6.8 route miles of rail lines of Consolidated Rail Corporation: (1) Between Tyrone (M.P 0.0) and Vail (M.P. 3.0), in Blair County, PA; (2) between Mill Hall (M.P. 51.5) and Lock Haven (M.P. 54.3), in Clinton County, PA. In addition, Authority will acquire the Mill Hall Industrial Track from milepost 13, in Castenea, PA, to milepost 14, in Mill Hall, PA. Authority has indicated that Nittany & Bald Eagle Railroad Company (N&BE), a Class III railroad common carrier will be the operator of the lines. N&BE has filed a notice of exemption in STB Finance Docket No. 33297, to operate the lines. The transaction was expected to be consummated on or about November 6, 1996. Decided: November 21, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33293] South Kansas and Oklahoma Railroad, Inc.--Trackage Rights Exemption--Kansas Eastern Railroad, Inc. Kansas Eastern Railroad, Inc. (KER), a Class III rail carrier, will agree to grant local trackage rights to South Kansas and Oklahoma Railroad, a Class III rail carrier, over its rail line between milepost 483.9, east of Augusta, KS, and milepost 343.7, west of Columbus, KS, a distance of 139.3 miles. The transaction is scheduled to become effective immediately upon the consummation of the transaction in STB Finance Docket No. 33292. (STB served Dec. 2, 1996). Decided: November 21, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33298] Pioneer Railcorp--Acquisition of Control Exemption--Shawnee Terminal Railway Company, Inc. Pioneer Railcorp. (Pioneer), a noncarrier holding company, has filed a notice of exemption to acquire, through stock purchase, Shawnee Terminal Railway Company, Inc., a Class III shortline railroad, operating in the State of Illinois. The earliest the transaction could be consummated was November 21, 1996, the effective date of the exemption. Pioneer owns and controls eleven existing Class III shortline rail carriers: West Michigan Railroad Co., operating in Michigan; Fort Smith Railroad Co., operating in Arkansas; Alabama Railroad Co., operating in Alabama; Mississippi Central Railroad Co., operating in Mississippi and Tennessee; Alabama & Florida Railway Co., operating in Alabama; Decatur Junction Railway Co., operating in Illinois; Vandalia Railroad Company, operating in Illinois; Minnesota Central Railroad Co., operating in Minnesota; KNRECO, Inc., d/b/a/ Keokuk Junction Railway, operating in Iowa and Illinois; Columbia & Northern Railway Co., which has a right to operate in Mississipi; and Rochelle Railroad Co., which operates in Illinois. Pioneer states that: (i) The railroads will not connect with each other or any railroad in their corporate family; (ii) the acquisition of control is not part of a series of anticipated transactions that would connect the eleven railroads with each other or any railroad in their corporate family; and (iii) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Decided: November 25, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [FRA Docket No. RST-95-3] Addendum to Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the New York State Department of Transportation (NYDOT) requested an addendum to its request for a waiver of compliance with certain requirements of the CFR in order to operate various types of equipment at higher cant deficiencies. In its original request (November 30, 1995) NYDOT requested a waiver from certain requirements of 49 CFR Part 213, Track Safety Standards, for the purpose of operating Rohr Turboliner trainsets at up to eight inches of cant deficiency on the Empire Corridor extending from New York City, New York, to Niagara Falls, New York. NYDOT now requests to add the National Railroad Passenger Corporation's (Amtrak) equipment to its request: FL-9, FL-9 AC, Genesis I and II locomotives, Bombardier Shoreliner coaches, M-1 and M-3 electric-propelled coaches. NYDOT also proposes to limit its request to underbalance levels up to six inches and limit the territory of its request to that portion of the Empire Corridor extending between Penn Station, New York, and Poughkeepsie, New York, over track owned by Amtrak and Metro-North Commuter Railroad. Issued in Washington, DC, on November 25, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33264] Indiana Harbor Belt Railroad Company--Trackage Rights Exemption-- Consolidated Rail Corporation Consolidated Rail Corporation (Conrail) has agreed to grant non- exclusive overhead trackage rights to Indiana Harbor Belt Railroad Company (IHB) over Conrail's Bernice Line from its connection with trackage which IHB operates at Dolton, Cook County, IL (M.P. 293.4 plus-minus) to Acme Steel, Riverdale, Cook County, IL (M.P. 294.9 plus-minus). The transaction is scheduled to be consummated on November 26, 1996. The trackage rights will enable IHB to provide rail service to Acme Steel. Decided: November 26, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1173X)] Consolidated Rail Corporation--Abandonment Exemption--in Madison County, IN Consolidated Rail Corporation (Conrail) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a portion of its line of railroad known as the Honey Creek Secondary between milepost 120.65 and milepost 121.10 in the City of Anderson, Madison County, IN. Conrail 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 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 January 4, 1997, unless stayed pending reconsideration. The City of Anderson (City) filed a request for issuance of a notice of interim trail use (NITU) for the line pursuant to section 8(d) of the National Trails System Act, U.S.C. 1247(d). The Board will address the City's trail use request, and any others that may be filed, in a subsequent decision Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Decided: November 26, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-227 (Sub-No. 8X)] Wheeling & Lake Erie Railway Company--Abandonment Exemption--in Huron County, OH 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 Wheeling & Lake Erie Railway Company of a 2.3-mile rail line extending from milepost 0.0 at Huron Junction in Norwalk, to milepost 2.3 near Milan, all in Huron County, OH, subject to an environmental condition and standard labor protective conditions. DATES: The exemption will be effective December 20, 1996 unless it is stayed or a statement of intent to file an offer of financial assistance (OFA) is filed. Decided: November 27, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33294] Grand Trunk Western Railroad Incorporated--Trackage Rights Exemption--Consolidated Rail Corporation Consolidated Rail Corporation (Conrail) has agreed to grant limited overhead trackage rights to Grand Trunk Western Railroad Incorporated (GTW) between the Conrail/GTW connection on Conrail's North Yard Branch at CP-Vinewood (MP 3.1+), Detroit, MI, and the connection with GTW's existing rights over Conrail (pursuant to an agreement between the parties dated September 27, 1984), at the connection between Conrail and the Ann Arbor Railroad on Conrail's Detroit Line, at Alexis, OH (MP 50.3+). The transaction was scheduled to be consummated on or after the November 28, 1996 effective date of the exemption. The purpose of the trackage rights is to attract to rail service certain automotive parts traffic moving between Detroit and Toledo by improving service and transit time. Decided: December 2, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32984] Hastings Industrial Link Railroad--Construction and Operation Exemption--Hastings, NE ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board conditionally exempts from the prior approval requirements of 49 U.S.C. 10901 the construction and operation by Hastings Industrial Link Railroad of a 1-mile line of railroad, in Adams County, NE. DATES: The exemption will not become effective until the environmental process is completed. Then, the Board will issue a further decision addressing the environmental matters and establishing an exemption effective date at that time, if appropriate. Decided: December 2, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 104X)] Union Pacific Railroad Company--Abandonment Exemption--in Oconto County, WI 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 abandon and discontinue service over an approximately 8.3-mile line of railroad known as the Oconto Falls Industrial Lead from milepost 54.4, near Oconto, to the end of the line at milepost 46.1, near Stiles Junction, in Oconto County, WI. UP has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic moving over the line and any overhead traffic could 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 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 January 10, 1997, 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: December 3, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33299] Fillmore Western Railway Company; Acquisition and Operation Exemption; Burlington Northern Railroad Company Fillmore Western Railway Company (FWRY) has filed a verified notice of exemption under 49 CFR 1150.31: (1) To acquire and operate approximately 63.5 miles of rail line; and (2) to acquire incidental trackage rights over approximately 1 mile of rail line, a total of approximately 64.5 miles of rail line owned by the Burlington Northern Railroad Company and located in the State of Nebraska. The proposed transaction was to be consummated not sooner than November 25, 1996, the effective date of the exemption. The lines involved in the acquisition are described as follows: Fairmont, Nebraska-Milligan, between milepost 8.1 and milepost 23.0; Fairmont, Nebraska-Bruning, between milepost 1.7 and milepost 24.5; East Strang Junction, Nebraska-Tobias, Nebraska-Daykin, between milepost 17.9 at East Strang Junction and milepost 23.2/28.4 at Tobias, and on to milepost 36.2 at Daykin; and, West Strang Junction, Nebraska- Shickley, between milepost 37.5 and milepost 45.0. The incidental trackage rights to be acquired are over a segment of track at Fairmont between milepost 112.8 and milepost 113.8. Decided: December 4, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 533X)] CSX Transportation, Inc.; Abandonment Exemption; in Hamilton County, OH ACTION: Notice of exemption. SUMMARY: The Board, under 49 U.S.C. 10502, exempts from the prior approval requirements of 49 U.S.C. 10903 the abandonment by CSX Transportation, Inc. of a 1.25-mile portion of its Louisville Division, Cincinnati Terminal Subdivision, between milepost 7.11, near Mitchell Street, and milepost 5.86, at the end of track at Dane Avenue, in Cincinnati, Hamilton County, OH, subject to labor protective conditions and a historic preservation condition. DATES: Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on January 13, 1997. Decided: November 25, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33140] Columbia Basin Railroad Company, Inc.--Exemption To Lease and Operate--Burlington Northern Railroad Co. and BNSF Acquisition, Inc. Columbia Basin Railroad Company, Inc. (CBRC), a non-carrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease and operate the following rail lines: (1) Connell (MP 186.9) to Wheeler, WA (MP 147.3); (2) Bassett Junction (MP 0.0) to Schrag, WA (MP 12.50); (3) Moses Lake (MP 18.3) to Sieler, WA (MP 5.0); and (4) Sieler (MP 5.0) to Wheeler, WA (MP 0.0). According to CBRC, it will lease a total of 65.4 miles of the lines which were to be acquired by Burlington Northern Railroad Company (BNRR) and BNSF Acquisition Inc. when they consummated the transaction authorized in Burlington Northern Santa Fe Corporation, BNSF Acquisition Corp., and Burlington Northern Railroad Company-- Control--Washington Central Railroad Company, Inc., STB Finance Docket No. 32974 (STB served Oct. 25, 1996). In addition, CBRC will acquire trackage rights to provide local and overhead freight service over BNRR's 13-mile line between Warden (MP 1976.0) and Othello, WA (MP 1989.0). The transaction was expected to be consummated on or after December 4, 1996 contemporaneously with the transaction in STB Finance Docket No. 32974. Decided: December 6, 1996. ------------------------------------------------------------------------ RELATED NEWS: Kansas City Southern Industries Inc. (KSU) plans for its KCS Transportation Co. unit to acquire the outstanding stock of Gateway Western Railway Co., a Class II rail carrier with operations between Kansas City and East St. Louis and Springfield, Ill., and haulage rights between Springfield and Chicago. The stock acquired will be held in an independent voting trust pending a decision by the Surface Transportation Board for Kansas City Southern to control Gateway Western. ===================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. =======================================================================