DOT REPORT #27 - January, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between January 1 - 15, 1997. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Petition for Waiver of Compliance South Kansas & Oklahoma Railroad and South East Kansas Railroad Union Pacific Railroad Company--Acquisition Exemption--Idaho Northern & Pacific Railroad Company South Plains Lamesa Railroad, Ltd.--Abandonment Exemption--in Dawson and Lynn Counties, TX Ludington & Northern Railway, Inc.--Abandonment Exemption--in Mason County, MI Charles City Area Development Corporation--Acquisition and Operation Exemption--Trains Unlimited, Incorporated Chicago Rail Link, L.L.C.; Lease and Operation Exemption; Union Pacific Railroad Company Northern Plains Railroad, Inc.; Lease and Operation Exemption; Certain Lines of Soo Line Railroad Company d/b/a Canadian Pacific Railway CSX Transportation, Inc.--Abandonment--in Barbour, Randolph, Pocahontas, and Webster Counties, WV South Kansas and Oklahoma Railroad, Inc.; Abandonment Exemption; in Sumner County, KS Port of Columbia--Acquisition Exemption--Union Pacific Railroad Company Georgetown Railroad Company, Acquisition and Operation Exemption, Missouri Pacific Railroad Company New York & Atlantic Railway Company; Operation Exemption; The Long Island Rail Road Company Peter A. Gilbertson, H. Terry Hearst, Bruce A. Lieberman, R. Lawrence McCaffrey, Jr., and Harold F. Parmly--Continuance in Control Exemption--New York & Atlantic Railway Company Respondek Railroad Corporation; Acquisition and Operation Exemption; Evansville Terminal Company CSX Transportation, Inc.; Abandonment Exemption; in Fayette and Nicholas Counties, WV Florida Central Railroad Company, Inc.; Abandonment Exemption in Seminole County, FL Western Fuels Service Corporation, Acquisition and Operation Exemption, Burlington Northern Railroad Company Petition for Waiver of Compliance Beech Mountain Railroad Company (BMRR) The New Orleans Public Belt Railroad; Public Hearing Lewis & Clark Railway Company, Lease and Operation Exemption; in Clark County, WA West Shore Railroad Corporation; Acquisition Exemption; Union County Industrial Railroad Company Union County Industrial Railroad Company; Corporate Family Transaction Exemption; West Shore Railroad Corporation Union Pacific Railroad Company; Corporate Family Exemption; Missouri Pacific Railroad Company =================================================================== DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [FRA Waiver Petition Docket No. PB-96-2] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) received a request for a waiver of compliance with certain requirements of its safety standards. 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. South Kansas & Oklahoma Railroad and South East Kansas Railroad The South Kansas & Oklahoma Railroad and the South East Kansas Railroad seek a permanent waiver of compliance from 49 CFR Part 232.13 (e)(1), concerning transfer and yard train air test. The aforementioned railroads work in Coffeyville, Kansas, preparing outbound trains on a daily basis. The trains are built throughout the day with cars being added at various times. According to the railroads, the space available does not allow for complete trains to be built without cutting or clearing four public crossings, including a Federal highway. The trains depart each day after receiving an initial terminal air test but they cannot be air tested at locations where the trains are made up without blocking some or all of the aforementioned crossings for significant amounts of time. The railroads would like to put trains together and pull them to the edge of town where they can be tested without blocking any public crossings. The track speed is governed by restricted speed with a maximum of 10 mph, all within yard limits. Currently, the railroads make two air tests of the same train within a two mile area. The railroads state that the city of Coffeyville has one road accessibility to the south part of town when the aforementioned crossings are blocked, thus the waiver would allow for safer access by emergency personnel, as well as save the public from long delays by blocked crossings. Issued in Washington, DC, on December 20, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33305] Union Pacific Railroad Company--Acquisition Exemption--Idaho Northern & Pacific Railroad Company Union Pacific Railroad Company (UP), a Class I rail carrier, has filed a notice of exemption under 49 CFR 1180.2 to acquire trackage and right-of-way owned by Idaho Northern & Pacific Railroad Company (INP) and previously authorized for abandonment, subject to negotiations for trail use, between milepost 1.0, near Weiser, and milepost 84.1 at Rubicon, in Washington and Adams Counties, ID (Line). UP notes that it has no plan to reactivate rail service on the Line at this time, although reactivation for rail service would be possible in the future if the Line were conveyed to a trail user under the Trails Act. In its notice, UP has stated that, if trail use negotiations are unsuccessful, UP will abandon the Line pursuant to the authorization granted in Docket No. AB-433 (Sub-No. 2X). Abandonment of the Line was authorized in 1995. The Interstate Commerce Commission, by decision served December 28, 1995, issued a notice of interim trail use under the National Trails System Act. UP's acquisition transaction was expected to be consummated on or after December 19, 1996. Decided: December 23, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-481X] South Plains Lamesa Railroad, Ltd.--Abandonment Exemption--in Dawson and Lynn Counties, TX ACTION: Notice of exemption. SUMMARY: The Board exempts from the prior approval requirements of 49 U.S.C. 10903 the abandonment by South Plains Lamesa Railroad, Ltd., of 49.06 miles of rail line between milepost 5.00 near Slaton and milepost 54.06 near Lamesa, in Dawson and Lynn Counties, TX, subject to standard labor protective conditions. DATES: Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on February 3, 1997. Decided: December 23, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-488X] Ludington & Northern Railway, Inc.--Abandonment Exemption--in Mason County, MI Ludington & Northern Railway, Inc. (L&N) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon its entire line of railroad from the south line of Michigan Highway 116 in Hamlin Township south and east through Pere Marquette Township to terminus in the city of Ludington, in Mason County, MI, a distance of 2.54 miles. L&N 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 February 5, 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 30, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33319] Charles City Area Development Corporation--Acquisition and Operation Exemption--Trains Unlimited, Incorporated Charles City Area Development Corporation has filed a verified notice of exemption under 49 CFR 1150.31: (1) to acquire and operate a total of approximately 3.6 miles of rail line owned by Trains Unlimited and located at Charles City, in Floyd County, IA (the Charles City line), between milepost 0.0 and milepost 3.6. The proposed transaction was expected to be consummated on December 18, 1996. Decided: December 30, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33323] Chicago Rail Link, L.L.C.; Lease and Operation Exemption; Union Pacific Railroad Company Chicago Rail Link, L.L.C. (CRL), a Class III rail carrier, has filed a notice of exemption under 49 CFR 1150.41 to lease and operate approximately 8.5 miles of rail lines owned by the Union Pacific Railroad Company (UP). CRL will be leasing and operating track numbers 1 through 9, 110, 500, 501, 702, 710, and 711 in UP's Irondale Yard, Chicago, IL, east of Torrence Avenue between 117th Street and 122nd Street. The transaction was expected to be consummated on or shortly after December 26, 1996. Decided: January 2, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33324] Northern Plains Railroad, Inc.; Lease and Operation Exemption; Certain Lines of Soo Line Railroad Company d/b/a Canadian Pacific Railway Northern Plains Railroad, Inc. (NPR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire by lease and operate approximately 377.55 miles of railroad owned by the Soo Line Railroad Company, d/b/a Canadian Pacific Railway: (1) between Thief River Falls, MN (MP 309.69) and Harlow, ND (MP 472.24); and (2) between Fordville, ND (MP 390.99) and Kenmare, ND (MP 605.99). The transaction is expected to be consummated on or about January 6, 1997. Decided: January 2, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB-55 (Sub-No. 500)] CSX Transportation, Inc.--Abandonment--in Barbour, Randolph, Pocahontas, and Webster Counties, WV ACTION: Notice of findings. SUMMARY: The Board has issued a certificate and decision authorizing CSX Transportation, Inc. (CSXT), to abandon that portion of its rail line extending between milepost BUI-28.40 at Elkins, WV, and milepost BUK-121.7 at Bergoo, WV, subject to environmental and historic preservation conditions if there is salvage. The transaction also was exempted from the offer of financial assistance and public use procedures of 49 U.S.C. 10904 and 10905. EFFECTIVE DATE: The abandonment certificate will become effective on January 9, 1997. Decided: December 31, 1996. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-471X] South Kansas and Oklahoma Railroad, Inc.; Abandonment Exemption; in Sumner County, KS South Kansas and Oklahoma Railroad, Inc. (SKO) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 9.2-mile portion of its line of railroad between milepost 257.2, at Oxford, and milepost 266.4, near Wellington, in Sumner County, KS. SKO has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) there has been no overhead traffic on the line in over 3 years; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the 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 February 8, 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: January 3, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33318] Port of Columbia--Acquisition Exemption--Union Pacific Railroad Company Port of Columbia (Port) has filed a verified notice of exemption under 49 CFR 1150.31 to acquire approximately 37.4 miles of rail line owned by Union Pacific Railroad Company (UP) between milepost 48.0 near Walla Walla, WA, and milepost 71.3 at Bolles, WA, and between milepost 0.0 at Bolles, WA, and milepost 14.06 at Dayton, WA. Consummation was expected to occur on or shortly after December 19, 1996. Blue Mountain Railroad, Inc. (BMR) currently operates over the line pursuant to a lease agreement that was the subject of a notice of exemption in Finance Docket No. 32193. The agreement between UP and the Port is subject to that lease agreement and BMR will continue to operate the line after this transaction is consummated under an assignment of the lease from UP to the Port. Decided: January 6, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33322] Georgetown Railroad Company, Acquisition and Operation Exemption, Missouri Pacific Railroad Company Georgetown Railroad Company (GRR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate over approximately 8,338 feet of Missouri Pacific Railroad Company's (MP) line of railroad known as MP's ICC Track No. 11 in Georgetown, which extends from the terminus of GRR's line at milepost 0.0 (MP's former milepost 923.70) in Georgetown, to the east side of Church Street in Georgetown, at milepost 0.54; and MP's undivided one- half interest in ICC Track No. 48, extending from milepost 0.54 south and west 5,470 feet to a point connecting with GRR's line from Kerr, in Williamson County, TX. This transaction involves GRR's acquisition and operation of a 1.58-mile segment of track connecting GRR's line from Kerr to Georgetown, TX, with a 16.32-mile line from Georgetown to Granger, TX, that GRR purchased from MP. Abandonment of the line was authorized in Docket No. AB-3 (Sub-No. 94) (ICC served Oct. 21, 1991). GRR is also acquiring MP's undivided one-half interest in the 5,478-foot ICC Track No. 47, and a 120-foot section of Track No. 11, in Georgetown, but as these will be used as side tracks, no exemption from 49 U.S.C. 10902 is necessary, due to the statutory exemption for acquisition and operation of side tracks in 49 U.S.C. 10906. The exemption was effective on December 20, 1996. The parties indicate that consummation of the transaction will occur within 90 days after the effective date of the exemption. Decided: January 3, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33300] New York & Atlantic Railway Company; Operation Exemption; The Long Island Rail Road Company New York & Atlantic Railway Company (NYAR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire the freight operations of The Long Island Rail Road Company (LIRR), a New York State public benefit corporation, including the right to operate the freight business on an exclusive basis, and conduct other freight operations on approximately 268.6 route miles in the State of New York, as follows: (1) The Bay Ridge Branch (MP 4.0 to MP 16.0), the Central Extension (MP 19.1 to MP 21.2), and the Bushwick Branch (MP 4.0 to MP 6.0) (collectively, the Freight Line); and (2) the Main Line (MP 9.3 to MP 94.3), the Montauk Branch (MP 0.0 to MP 115.8), the Port Jefferson Branch (MP 24.9 to MP 58.0), the Central Branch (MP 28.7 to MP 35.9), the Central Extension (MP 18.7 to MP 19.1), the Hempstead Branch (MP 13.3 to MP 18.7), the West Hempstead Branch (MP 15.5 to MP 20.1), and the Montauk Cut-off (MP 0.3 to MP 1.3) (collectively the Joint Use Line, and, together with the Freight Line, the Subject Line). LIRR will continue to provide passenger operations on the Joint Use Line. NYAR will conduct exclusive freight operations on the Subject Line for an initial term of 20 years, with an extension option, under certain circumstances, for an additional 10 years. The exemption was to become effective on December 12, 1996, and the parties expect to consummate the transaction in the first quarter of 1997. This transaction is related to a concurrently filed verified notice to continue in control of NYAR, upon its becoming a Class III rail carrier in STB Finance Docket No. 33301. On December 31, 1996, International Brotherhood of Locomotive Engineers (IBLE) filed a petition to reject the notices of exemption filed in STB Finance Docket Nos. 33300 and 33301 or to revoke the exemptions. The petition also supports a statement by Claire Shulman, President of the Borough of Queens (Shulman), filed December 11, 1996, which IBLE characterizes as a petition for rejection or revocation. By decision served on December 20, 1996, NYAR was granted an extension until January 10, 1997, for its reply to Shulman. The Shulman and IBLE filings, as well as any replies, will be considered by the entire Board in a separate decision. In addition to those filings, the Board received a number of letters from local governments, officials, and community leaders concerned with the movement of municipal solid waste (MSW) through their communities. LIRR submitted to the Board's Section of Environmental Analysis (SEA) an Environmental Assessment (EA), which was prepared under the New York State Environmental Quality Review Act by ICF Kaiser Consulting Group, and summary information drawn from its EA. The information provided by LIRR states that MSW carloads are projected to increase regardless of whether LIRR continues to conduct freight operations or the operations are transferred to NYAR. SEA has carefully reviewed the EA and summary information submitted by LIRR. SEA has determined that the information satisfies the Board's obligations under the National Environmental Policy Act and provides the sufficient analysis which would normally be prepared by SEA in railroad operations that exceed the Board's thresholds at 49 CFR 1105.7(e)(4)(5). Therefore, the EA and summary information will be adopted as the Board's own with a finding that there will be no significant environmental impacts associated with the proposed transaction. Decided: January 7, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33301] Peter A. Gilbertson, H. Terry Hearst, Bruce A. Lieberman, R. Lawrence McCaffrey, Jr., and Harold F. Parmly--Continuance in Control Exemption--New York & Atlantic Railway Company Peter A. Gilbertson, H. Terry Hearst, Bruce A. Lieberman, R. Lawrence McCaffrey, Jr., and Harold F. Parmly (Applicants), noncarrier individuals, have filed a verified notice of exemption to continue in control of New York & Atlantic Railway Company (NYAR), upon NYAR's becoming a Class III rail carrier. The exemption was to become effective on December 12, 1996, and the transaction is expected to be consummated in the first quarter of 1997. This transaction is related to STB Finance Docket No. 33300, wherein NYAR seeks to acquire the freight operations of The Long Island Rail Road Company, including the right to operate the freight business on an exclusive basis. Applicants own and control two existing Class III common carriers by rail operating in three states: Chicago SouthShore & South Bend Railroad Co., operating in Northern Illinois and Northern Indiana; and Louisville & Indiana Railroad Company, operating in Southern Indiana and Northern Kentucky. Applicants state that: (i) the railroads will not connect with each other or any railroad in their corporate family; (ii) the continuance in control is not part of a series of anticipated transactions that would connect the 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: January 7, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33331] Respondek Railroad Corporation; Acquisition and Operation Exemption; Evansville Terminal Company Respondek Railroad Corporation (Respondek), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 17.7 miles of line owned by the Evansville Terminal Company (Evansville): (1) Between milepost 227.5 at Poseyville, IN, and milepost 244.7 at Evansville, IN; and (2) between milepost B-204.3 and milepost B-205 at Browns, IL. The transaction was expected to be consummated on or after the December 30, 1996 effective date of the exemption. Decided: January 3, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 538X)] CSX Transportation, Inc.; Abandonment Exemption; in Fayette and Nicholas Counties, WV CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 15.27 miles of its line of railroad between milepost CAF- 43.7, Valuation Station 1240+00, at Russ Junction and milepost CAF- 58.97, Valuation Station 436+00, at Peters Junction, in Fayette and Nicholas Counties, WV. CSXT 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 February 9, 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. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-319 (Sub-No. 3X)] Florida Central Railroad Company, Inc.; Abandonment Exemption in Seminole County, FL Florida Central Railroad Company, Inc. (FCEN) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 0.2 miles of railroad between milepost F-1.1 and the end of the track at milepost F-0.9 in Forest City, Seminole County, FL. FCEN 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 February 12, 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: January 6, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33321] Western Fuels Service Corporation, Acquisition and Operation Exemption, Burlington Northern Railroad Company Western Fuels Service Corporation (WFSC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150, Subpart D to acquire and operate a rail line owned by Burlington Northern Railroad Company (BN). The line, located in Wyoming, extends from West Caballo Junction (milepost 14.9) to the following mines in the Powder River Basin: (1) Buckskin (milepost 9.5; 25 route miles); (2) Fort Union (milepost 6.0; 21 route miles); (3) Clovis Point (milepost 3.0; 18 route miles); Rawhide (milepost 9.5; 25 route miles); Eagle Butte (milepost 9.5; 25 route miles); and Dry Fork (milepost 7.9; 23 route miles). WFSC states that it has not reached an agreement with BN to operate over BN's tracks between West Caballo Junction and the Powder River Basin mines, but that it is seeking such rights and authority in its pending complaint in Western Fuels Service Corporation v. Burlington Northern Railroad Company, STB Docket No. 41987, to obtain access to terminal facilities under 49 U.S.C. 11102. On December 13, 1996, BN filed a petition to reject the notice of exemption or, in the alternative, for a declaration that the notice is void ab initio. WFSC filed a reply on December 31, 1996. The merits of the petition will be decided by the entire Board in a separate decision. Decided: January 7, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [FRA Docket No. RSGM-96-5] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) received a request for a waiver of compliance with certain requirements of its safety standards. 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. Beech Mountain Railroad Company (BMRR) The BMRR seeks a permanent waiver of compliance with certain provisions of the Safety Glazing Standards (49 CFR Part 223.9 (a), certified glazing) for its two locomotives, ALCO S2 1,000 HP #113 and #115, built in the early 1950s. BMRR is a Class III railroad operating within Randolph and Upshur counties in the state of West Virginia. According to the requesting railroad, the crew consists of five men comprised of one supervisor, one engineer, one brakeman, and two track servicemen. The BMRR is privately owned by Carter-ROAG Coal Company (CRCC). The purpose of the BMRR's operations is to provide transfer service between the CSX Transportation, Incorporated's interchange located in Alexander, West Virginia, and the CRCC's Preparation Plant located in Star Bridge, West Virginia. The BMRR's line transverses--without instances of broken glass due to projectiles--a remote and isolated area. The railroad states that locomotives are early 1950 models, and installation of the safety glazing would require extensive and expensive refacing of the locomotive cabs. The BMRR also states that all employees are aware of this request for waiver and support it without exception. Issued in Washington, D.C. on January 8, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [BS-AP-No. 3393] The New Orleans Public Belt Railroad; Public Hearing The New Orleans Public Belt Railroad has petitioned the Federal Railroad Administration (FRA) seeking approval of the proposed discontinuance and removal of 15 signals (No.'s 48, 47, 46, 45, 40, 39, 38, 37, 33, 2, 14, 16, 18, 20, and 22) on the two Running tracks, between Lampert Junction, milepost J.O.2 and East Bridge Junction, milepost J.3.0, in New Orleans, Louisiana. The FRA has issued a public notice seeking comments of interested parties and conducted a field investigation in this matter. After examining the carrier's proposal and the available facts, FRA has determined that a public hearing is necessary before a final decision is made on this proposal. Issued in Washington, D.C. on January 8, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33325] Lewis & Clark Railway Company, Lease and Operation Exemption; in Clark County, WA Lewis & Clark Railway Company, a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from Clark County, Washington 3.62 miles of rail line from milepost 3.62 at Rye to milepost 0.0 at Vancouver Junction, in Clark County, WA. Consummation was expected to occur on or after December 24, 1996. Decided: January 8, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33329] West Shore Railroad Corporation; Acquisition Exemption; Union County Industrial Railroad Company West Shore Railroad Corporation (WSRC), a Class III rail common carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire approximately 3.9 miles of rail line from the Union County Industrial Railroad Company (UCIR) between New Columbia, PA (MP 169.7), and Milton, PA (MP 173.6). UCIR will continue to provide rail common carrier service on behalf of WSRC. The transaction was expected to be consummated on or after December 31, 1996. Decided: January 6, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33330] Union County Industrial Railroad Company; Corporate Family Transaction Exemption; West Shore Railroad Corporation Union County Industrial Railroad Company (UCIR) and West Shore Railroad Corporation (WSRC), Class III railroads, have jointly filed a verified notice of exemption. The exempt transaction is a merger of WSRC into UCIR. UCIR and WSRC are owned and controlled by Richard D. Robey. UCIR owns and operates approximately 3.9 miles of rail line in the Commonwealth of Pennsylvania, which will be acquired by WSRC in STB Finance Docket No. 33329 (STB served Jan. 15, 1997). WCRC operates approximately 8.965 miles of rail line in the Commonwealth of Pennsylvania. The earliest the transaction could be consummated was December 30, 1996, the effective date of the exemption (7 days after the exemption was filed). UCIR will provide continuing rail common carrier service on the lines to be acquired by WSRC in STB Finance Docket No. 33329 and those previously operated by WSRC. The merger will improve the overall efficiency of rail operations and reduce costs associated with two corporate entities. 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: January 6, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33320] Union Pacific Railroad Company; Corporate Family Exemption; Missouri Pacific Railroad Company Union Pacific Railroad Company (UP) and Missouri Pacific Railroad Company (MP), Class I railroad affiliates in the Union Pacific System, have filed a joint notice of exemption to undertake a corporate family transaction. Under the Agreement and Plan of Merger, MP will merge with and into UP. UP will be the surviving corporation, and the corporate existence of MP will cease. The proposed transaction was to be consummated on or about January 1, 1997. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). The transaction will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers operating outside applicants' corporate family. The purpose of the transaction is to avoid duplicate reporting requirements, and to achieve cost efficiencies which will result through corporate simplification. Decided: January 8, 1997. ===================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. =======================================================================