DOT REPORT #26 - December, 1996 ================================================================= A compilation of rail notices published by the US Department of Transportation between December 16 - 31, 1996. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Dakota, Minnesota & Eastern Railroad Corporation--Abandonment Exemption--in Wabasha and Olmsted Counties, MN 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 Texas Northeastern Division, Mid-Michigan Railroad, Inc.-- Discontinuance of Service Exemption--in Red River and Bowie Counties, TX Missouri Pacific Railroad Company--Abandonment Exemption--in Red River and Bowie Counties, TX Track Tech, Inc.--Acquisition and Operation Exemption--Burlington Northern Railroad Company Bessemer and Lake Erie Railroad Company--Abandonment Exemption-- in Armstrong and Butler Counties, PA Consolidated Rail Corporation; Abandonment Exemption in Middlesex County, NJ Clark County, Washington--Acquisition Exemption--Burlington Northern Santa Fe Railroad Union Pacific Railroad Company--Control and Merger--Southern Pacific Transportation Company: Wichita Mitigation Study Nebraska, Kansas & Colorado Railnet, Inc.--Acquisition and Operation Exemption--Lines of the Burlington Northern Railroad Company Wabash & Western Railway Co.; Lease and Operation Exemption; Morris Leasing Co., Ltd., and Michigan Southern Railroad, Inc. Union Pacific Railroad Company--Trackage Rights Exemption-- Duluth, Missabe and Iron Range Railway Company Housatonic Railroad Company, Inc.--Corporate Family Transaction Exemption--Danbury Terminal Railroad Company Pittsburgh Industrial Railroad, Inc.--Acquisition and Operation Exemption--Consolidated Rail Corporation and the Pittsburgh, Chartiers and Youghiogheny Railway Company RailTex, Inc.--Continuance in Control Exemption--Pittsburgh Industrial Railroad, Inc. Consolidated Rail Corporation--Abandonment Exemption--in Brooke and Hancock Counties, WV Illinois Central Railroad Company--Trackage Rights Exemption-- Norfolk Southern Railway Company K & E Railway Company--Abandonment Exemption--in Alfalfa, Garfield, and Grant Counties, OK, and Barber County, KS Missouri Pacific Railroad Company--Abandonment and Discontinuance Of Operations Exemption--in Houston, Harris County, TX; Houston Belt & Terminal Railway Company--Discontinuance of Operations Exemption--in Houston, Harris County TX ====================================================================== DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-337 (Sub-No. 5X)] Dakota, Minnesota & Eastern Railroad Corporation--Abandonment Exemption--in Wabasha and Olmsted Counties, MN 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 Dakota, Minnesota & Eastern Railroad Corporation of its 13.03-mile Plainview Branch Line located between milepost 3.07, at Plainview Junction, and milepost 16.1, at Plainview, in Olmsted and Wabasha Counties, MN, subject to labor protective conditions and a public use 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 15, 1997. Decided: December 9, 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. 3410 Applicant: CSX Transportation, Incorporated CSX Transportation, Incorporated (CSXT) seeks approval of the discontinuance and removal of Viaduct Junction Interlocking, milepost BA-178.9, Cumberland, Maryland, involving main tracks of the Cumberland and Cumberland Coal Business Unit Divisions, Cumberland Terminal, Keystone, and Mountain Subdivisions, associated with permanent track and signal system arrangement revisions, installation of a traffic control signal system, and implementation of a Direct Traffic Control Block System (DTC) to govern train movements during construction and testing of changes. CSXT has implemented temporary DTC operations, as construction is underway and completion of the project is expected in November 1996, unless delayed by unforeseen circumstances. The reasons given for the proposed changes are to improve train operations, replace the obsolete track arrangement, and eliminate the mechanical interlocking. BS-AP-No. 3411 Applicant: CSX Transportation, Incorporated CSX Transportation, Incorporated (CSXT) seeks approval of the discontinuance and removal of the traffic control signal system, on the main and siding tracks, between Fetner, milepost S164.8 and Hoffman, milepost S238.3, North Carolina, Florence Division, Aberdeen Subdivision, a distance of approximately 63.5 miles, and implementation of a Direct Traffic Control Block System (DTC) to govern train movements. CSXT has implemented DTC operations because of storm damage, and requests tolling the running of the six-month grace period provided in Part 235.7(4) for repair necessitated by catastrophic circumstances, pending FRA's decision. The reason given for the proposed changes is that the signal system was damaged by Hurricane Fran and is no longer needed for current operations. BS-AP-No. 3412 Applicant: CSX Transportation, Incorporated CSX Transportation, Incorporated (CSXT) seeks approval of the temporary discontinuance of all locations with signal systems, on all tracks, when a signal system is disturbed during construction and testing of changes, for a period of up to 30 days, and implement a temporary Direct Traffic Control Block System (DTC) to govern train movements during discontinuance of the signal system. The reason given for the proposed changes is to clarify CSXT standard practice for operation during implementation and testing of changes. BS-AP-No. 3413 Applicant: Louisville and Indiana Railroad The Louisville and Indiana Railroad seeks approval of the proposed discontinuance and removal of the signal system, between milepost 109 and milepost 110.1, near Clagg Tower, Louisville, Kentucky, consisting of the discontinuance and removal of 13 signals, and conversion of 8 power-operated switches to hand operation. The reason given for the proposed changes is that the power- operated switches are no longer needed for the one to two switch crews per day operation, and the associated costs of the frequent maintenance of the antiquated equipment. BS-AP-No. 3414 Applicant: Union Pacific Railroad Company The Union Pacific Railroad Company seeks approval of the proposed discontinuance and removal of the traffic control signal system, on the single main track between Fremont, California, CPF29, milepost 29.3 and milepost 5.8, on the Canyon Subdivision, a distance of approximately 23.5 miles, and redesignation of the main track to an industrial switching lead. The reason given for the proposed changes is that changes in train operations due to utilization of former Southern Pacific trackage has eliminated the need for signals on this trackage. Issued in Washington, D.C. on December 10, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-364 (Sub-No. 3X)] Texas Northeastern Division, Mid-Michigan Railroad, Inc.-- Discontinuance of Service Exemption--in Red River and Bowie Counties, TX [STB Docket No. AB-3 (Sub-No. 137X)] Missouri Pacific Railroad Company--Abandonment Exemption--in Red River and Bowie Counties, TX ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board exempts from the requirements of 49 U.S.C. 10903 the discontinuance of service by Texas Northeastern Division, Mid-Michigan Railroad, Inc., over, and the abandonment by Missouri Pacific Railroad Company of, a 38.5-mile rail line extending from milepost 23.0 at New Boston, to the end of track at milepost 61.5 near Clarksville, in Red River and Bowie Counties, TX, subject to historic preservation and standard labor protective conditions. DATES: The exemption will be effective January 17, 1997 unless it is stayed or a statement of intent to file an offer of financial assistance (OFA) is filed. Decided: December 4, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33304] Track Tech, Inc.--Acquisition and Operation Exemption--Burlington Northern Railroad Company Track Tech, Inc. (TTI) has filed a verified notice of exemption under 49 CFR 1150.31: (1) to acquire and operate approximately 65.01 miles of rail line owned by the Burlington Northern Railroad Company as follows: between milepost 25.15 at Denrock, IL, and milepost 28.35 at Lyndon, IL; between milepost 96.30 at Bladen, NE, and milepost 119.34 at Hildrath, NE; between milepost 98.00 at Hamar, ND, and milepost 103.92 at Warwick, ND; between milepost 4.00 at Tatman Junction (near Minot), ND, and milepost 16.70 at Tatman Air Force Base, ND; between milepost 761.80 at Amarillo, TX, and milepost 775.70 at Bushland, TX; and between milepost 351.15 and milepost 357.40 at Lubbock, TX. The proposed transaction was to be consummated not sooner than November 27, 1996, the effective date of the exemption. Decided: December 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-88 (Sub-No. 8X)] Bessemer and Lake Erie Railroad Company--Abandonment Exemption-- in Armstrong and Butler Counties, PA Bessemer and Lake Erie Railroad Company (B&LE) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 3.13 miles of its line of railroad, known as the Western Allegheny Branch, extending from Station 2294+53 eastward to the end of the track at Station 2460+01, in Armstrong and Butler Counties, PA. B&LE 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 18, 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 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1172X)] Consolidated Rail Corporation; Abandonment Exemption in Middlesex County, NJ Consolidated Rail Corporation (Conrail) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 1.08-mile portion of its line of railroad known as the Raritan North Shore Industrial Track between milepost 0.00 and milepost 1.08 in the city of Perth Amboy, Middlesex County, NJ. 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 18, 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 12, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33303] Clark County, Washington--Acquisition Exemption--Burlington Northern Santa Fe Railroad Clark County, Washington (CCW), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41: (1) to acquire a total of approximately 3.6 miles of rail line owned by Burlington Northern Santa Fe Railroad and located in Clark County, Washington, between milepost 3.62 at Rye and milepost 0.0 at Vancouver Junction (the Rye Branch). The proposed transaction was to be consummated on December 6, 1996, or as soon thereafter as the selected operator's exemption becomes effective. CCW is seeking acquisition authority only. The future operator of the Rye Branch, once selected by CCW, will file its own Verified Notice of Exemption for operating authority over the Rye Branch. Decided: December 16, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32760] Union Pacific Railroad Company--Control and Merger--Southern Pacific Transportation Company: Wichita Mitigation Study ACTION: Public information meeting. SUMMARY: The Surface Transportation Board's (Board) Section of Environmental Analysis (SEA) will hold a public meeting concerning its Wichita Mitigation Study. In its decision of August 12, 1996, the Board directed SEA to conduct this study in order to develop further mitigation to address the merger-related environmental impacts of increased railroad traffic on the existing Union Pacific right-of-way that runs through Sedgwick County, KS. The study will include publication of a draft mitigation plan to submit to the public for review and comment and issuance of a final mitigation plan. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33314] Nebraska, Kansas & Colorado Railnet, Inc.--Acquisition and Operation Exemption--Lines of the Burlington Northern Railroad Company Nebraska, Kansas & Colorado Railnet, Inc. (NKCR), a noncarrier newly-created to become a Class III railroad, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate five rail lines which are currently owned and operated by the Burlington Northern Railroad Company (BN) as follows: (1) between Flynn, NE (milepost 3.3), and Almena Junction, KS (milepost 29.6), a distance of approximately 26.3 miles; (2) between Oronoque Junction, KS (milepost 47.3), and Oberlin, KS (milepost 78.0), a distance of approximately 30.7 miles; (3) between west of Orleans Junction, NE (milepost 0.2), and St. Francis, KS (milepost 133.9); a distance of approximately 133.7 miles; (4) between Holdrege, NE (milepost 0.8), and east of Sterling, CO (milepost 225.9), a distance of approximately 225.1 miles; and (5) Norton, KS area trackage between milepost 315.1 and milepost 319.2, a distance of approximately 4.1 miles. BN will retain overhead trackage rights to provide rail freight service between milepost 225.9, east of Sterling, CO, and a connection with the current or any future industry track at or near Wallace, NE, at or about milepost 114.0, for the sole purpose of serving the Gentleman Power Plant, or any successor. In addition, to the above-described line acquisitions, NKCR will also acquire, by assignment from BN, certain overhead trackage rights currently exercised by BN between Almena Junction, KS (milepost 29.6), and Oronoque Junction, KS (milepost 47.3), a distance of approximately 17.7 miles. The overhead trackage rights run over a line of railroad owned by the Kyle Railroad and currently dispatched by BN. The trackage rights effectively link the lines to be acquired by NKCR between Flynn, NE, and Almena Junction, KS, and between Oronoque Junction, KS, and Oberlin, KS. The trackage rights will also enable NKCR to access and serve customers located on the Norton, KS area trackage. The subject trackage, including the overhead trackage rights, is approximately 437.6 route miles in length. NKCR will serve as the operator of the lines, except that BN shall have the right to operate over the retained BN overhead trackage rights. The transaction was expected to be consummated on or about December 16, 1996. Decided: December 17, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33306] Wabash & Western Railway Co.; Lease and Operation Exemption; Morris Leasing Co., Ltd., and Michigan Southern Railroad, Inc. Wabash & Western Railway Co., Ltd. (WAB), a Class III shortline rail carrier, has filed a notice of exemption under 49 CFR 1150.41 to lease and operate approximately 49.6 route miles of rail lines (the Lines) owned and/or operated by Morris Leasing Co., Ltd. (MLSC) and Michigan Southern Railroad, Inc. (MSR), Class III rail carriers, as follows: (1) Between milepost 119.0 and milepost 120.1, at or near Kendallville, Noble County, IN, (a portion of the GR&I Industrial Track); (2) between milepost 0.0 and milepost 9.8, at or near Elkhart, Elkhart and St. Joseph Counties, IN, (a portion of the E&W Secondary Track); and (3) between milepost 382.5, at or near Coldwater, MI, and milepost 421.2, at or near White Pigeon, MI, (the Quincy Secondary Track). Michigan Southern will be the operator of the lines. For purposes of this lease transaction, WAB will enter into an agreement with MLSC and MSR whereby WAB will be permitted to do business under the trade name ``Michigan Southern Railroad.'' The transaction was expected to be consummated on or after December 4, 1996. Decided: December 17, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33317] Union Pacific Railroad Company--Trackage Rights Exemption-- Duluth, Missabe and Iron Range Railway Company Duluth, Missabe and Iron Range Railway (DMIR) has agreed to grant overhead trackage rights to Union Pacific Railroad Company (UP) over a total of approximately 0.83 miles of rail line located in Douglas County, WI, between milepost 17.79 near Saunders (at the BN connection), and milepost 16.96 near Pokegama (at the yard of Duluth, Winnipeg and Pacific Railway). The transaction was expected to be consummated on December 17, 1996. The trackage rights transaction is an extension of overhead trackage rights granted to Chicago and North Western Railway Company (CNW) between South Itasca and Saunders, WI in 1982. On April 25, 1995, CNW was merged into UP and UP continued the trackage rights operation. Decided: December 17, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33310] Housatonic Railroad Company, Inc.--Corporate Family Transaction Exemption--Danbury Terminal Railroad Company Housatonic Railroad Company, Inc. (HRRC) and Danbury Terminal Railroad Company (DTRR), Class III railroads, have jointly filed a verified notice of exemption. The exempt transaction is a merger of DTRR into HRRC. HRRC operates approximately 72.29 miles of track, of which approximately 36.25 miles are within the State of Connecticut and owned by the State of Connecticut, and of which approximately 36.04 miles are within the Commonwealth of Massachusetts and owned by HRRC. DTRR operates approximately 89.1 miles of track, of which approximately 47.1 miles are located in the State of Connecticut and owned by Maybrook Railroad Company, and of which 42 miles are located in the State of New York and owned by Metro North Commuter Railroad. DTRR also holds approximately 10 miles of incidental overhead trackage rights over tracks owned by the State of Connecticut within the State of Connecticut. HRRC and DTRR are wholly owned subsidiaries of Housatonic Transportation Company. The transaction is expected to be consummated on December 31, 1996. HRRC will assume operation of DTRR's rail lines and operating rights in the States of Connecticut and New York. The proposed merger is intented to enable the merged carrier to provide more efficient service to shippers. The merger will also eliminate the significant administrative burden and expense associated with billing and accounting services. No ownership interests are transferred or otherwise affected by this transaction. 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: December 18, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33308] Pittsburgh Industrial Railroad, Inc.--Acquisition and Operation Exemption--Consolidated Rail Corporation and the Pittsburgh, Chartiers and Youghiogheny Railway Company Pittsburgh Industrial Railroad, Inc. (PIR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate certain railroad lines of Consolidated Rail Corporation and the Pittsburgh, Chartiers and Youghiogheny Railway Company (PC&Y), a subsidiary of Conrail, located in Pennsylvania. The rail lines being acquired from Conrail are: (i) between milepost 0.0, at Char Jct., and milepost 2.5, at Carnegie (Canon Industrial Track); (ii) between milepost 0.5, near Carnegie, and milepost 20.4, at South Strabane Township (Canon Industrial Track); (iii) between milepost 2.5, at Esplen Interlocking, and milepost 11.0, at Collier Township (Carnegie Secondary); (iv) between milepost 0.0, at Collier Township, and milepost 0.8, at Heidelburg Borough (Superior Industrial Track); and (v) between milepost 0.0, at Houston Borough, and milepost 1.0, at Chartiers Township (Westland Branch), for a total of 32.7 miles. The rail lines being acquired from PC&Y are: (i) between milepost 0.0, at McKees Rocks, and milepost 7.5, at Carnegie; (ii) between milepost 8.9, at Woodville Station, and milepost 10.3 at Collier Township; (iii) between milepost 0.0, at McKees Rocks, and milepost 6.5, at Neville Island (Neville Island Branch); and (iv) between milepost 0.0, at Collier Township, and milepost 0.6, at Collier Township (Painter's Run Branch), for a total of 16.0 miles. PIR also seeks to acquire incidental trackage rights over .80 miles of rail line owned by CSX Transportation, Inc., between milepost 1.7 and milepost 2.5 at Neville Island. The purpose of these trackage rights are to connect the PC&Y's rail lines being acquired by PIR. The parties intended to consummate the proposed transaction on December 6, 1996. This transaction is related to STB Finance Docket No. 33309, where RailTex, Inc. will continue to control PIR, upon it becoming a Class III rail carrier. Decided: December 20, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33309] RailTex, Inc.--Continuance in Control Exemption--Pittsburgh Industrial Railroad, Inc. Railtex, Inc. (RailTex), a noncarrier holding company, has filed a notice of exemption to continue in control of Pittsburgh Industrial Railroad, Inc. (PIR), upon PIR's becoming a Class III railroad. The transaction is scheduled to be consummated on December 6, 1996. The transaction is related to STB Finance Docket No. 33308, wherein PIR seeks to acquire 32.7 miles of rail line from Consolidated Rail Corporation and 16.0 miles of rail line from the Pittsburgh, Chartiers and Youghiogheny Railway Company. RailTex controls 21 Class III common carriers and three carriers that operate in Canada by rail: 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 Company, 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; Indiana & Ohio Central Railroad, Inc., operating in Ohio; and Connecticut Southern Railroad, Inc., operating in Connecticut and Massachusetts. RailTex states that: (1) the railroads will not connect with each other or any railroad in their corporate family; (ii) the acquisition is not part of a series of anticipated transactions that would connect the twenty one railroads with each other or any railroad in their corporate family; and (iii) the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Decided: December 20, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1168X)] Consolidated Rail Corporation--Abandonment Exemption--in Brooke and Hancock Counties, WV Consolidated Rail Corporation (Conrail) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 4.00-mile portion of its line of railroad known as the Weirton Secondary Track between milepost 35.70 and milepost 39.70 in Brooke and Hancock Counties, WV. 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 26, 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 20, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33312] Illinois Central Railroad Company--Trackage Rights Exemption-- Norfolk Southern Railway Company Norfolk Southern Railway Company has agreed to grant local trackage rights to Illinois Central Railroad Company over a total of approximately 4 miles of rail line located between the parties' trackage connection at Champaign, IL, and The Anderson's Inc., at Champaign, IL. The transaction was expected to be consummated on December 18, 1996. Decided: December 20, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-480X] K & E Railway Company--Abandonment Exemption--in Alfalfa, Garfield, and Grant Counties, OK, and Barber County, KS ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board exempts the abandonment by K & E Railway Company of its entire 57.69-mile rail line, between milepost 0.60, at or near Kiowa, in Barber County, KS, and milepost 56.98, at or near Blanton, in Garfield County, OK, and between milepost 299.88 and milepost 301.19, near Cherokee, in Alfalfa County, OK, from the prior approval requirements of 49 U.S.C. 10903, and the abandonment of 5.69 miles of the right-of-way between milepost 18.82 and milepost 23.20, and between milepost 299.88 and milepost 301.19, from the offer of financial assistance (OFA) requirements of 49 U.S.C. 10904 and the public use requirements of 49 U.S.C. 10905, subject to historic preservation and environmental conditions. DATES: With respect to the two line segments exempted from 49 U.S.C. 10904-05, the exemption will be effective on December 31, 1996. With respect to the remainder of the line, provided no formal expression of intent to file an OFA is received, this exemption will be effective on January 30, 1997. Decided: December 23, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket Nos. AB-3 (Sub-No. 139X); STB Docket No. AB-423 (Sub-No. 2X)] Missouri Pacific Railroad Company--Abandonment and Discontinuance Of Operations Exemption--in Houston, Harris County, TX; Houston Belt & Terminal Railway Company--Discontinuance of Operations Exemption--in Houston, Harris County TX ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board exempts Missouri Pacific Railroad Company and Houston Belt & Terminal Railway Company from the prior approval requirements of 49 U.S.C. 10903 to permit them, respectively, to abandon and discontinue operations and discontinue operations over a 0.52-mile rail segment of the Columbia Tap Branch (Columbia Tap) extending from the end of the line at E.S. 261+00 to E.S. 288+60 near Houston, and from the offer of financial assistance requirements of 49 U.S.C. 10904 and the public use requirements of 49 U.S.C. 10905, subject to standard employee protective conditions. MP is operated under common control and management with Union Pacific Railroad Company and Southern Pacific Transportation Company. HB&T is owned by MP and Burlington Northern Santa Fe Railroad Company. HB&T leases and operates property owned by its parent railroads. HB&T operates over and MP owns the line segment proposed for abandonment. DATES: This exemption is effective December 31, 1996. Formal expressions of intent to file an OFA and requests for public use and trail use will not be accepted. Decided: December 23, 1996. ------------------------------------------------------------------------ RELATED NEWS: RailTex Inc.'s Indiana & Ohio Railway Co. unit's purchase of the former Detroit, Toledo & Ironton Railroad from Canadian National Railway Co. has been delayed until late January. The companies said the delay is a result of an action by the United Transportation Union before the Surface Transportation Board to stay and revoke Indiana & Ohio Railway's notice of exemption before the board. The board granted the union a 30-day stay and requested the union and Indiana & Ohio Railway present additional information regarding the exemption. ===================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. =======================================================================