DOT REPORT #28 - January, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between January 16 - 31, 1997. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Union Pacific Railroad Company--Control and Merger--Southern Pacific Transportation Company: Reno Mitigation Study Union Pacific Railroad Company--Abandonment Exemption--in Santa Clara County, CA Illinois Central Railroad Company--Abandonment--Between Aberdeen Junction and Kosciusko, in Holmes and Attala Counties, MS Old Augusta Railroad Company--Whole-Line Abandonment Exemption-- in Perry County, MS Reading Blue Mountain and Northern Railroad Company; Corporate Family Transaction Exemption; East Mahanoy & Hazleton Railroad Company Dallas Area Rapid Transit--Acquisition Exemption--Missouri Pacific Railroad Company Summit View Incorporated--Continuance in Control Exemption--The Youngstown Belt Railroad Company The Youngstown Belt Railroad Company--Lease and Operation Exemption--The Warren & Trumbull Railroad Company Norfolk and Western Railway Company; Abandonment Exemption; Between Edgefield and Escambia Junction, SC Eureka Southern Railroad Company (a.k.a. Northwestern Pacific Railroad); Notice of Limited Relief From Emergency Order No. 14 ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32760] Union Pacific Railroad Company--Control and Merger--Southern Pacific Transportation Company: Reno Mitigation Study ACTION: Public information meeting. SUMMARY: The Surface Transportation Board's Section of Environmental Analysis will hold a public meeting concerning its Reno 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 (formerly Southern Pacific) right-of-way that runs through Reno, NV. 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 Docket No. AB-33 (Sub-No. 106X)] Union Pacific Railroad Company--Abandonment Exemption--in Santa Clara County, CA 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 an approximately 0.44-mile line of railroad known as the San Jose Industrial Lead from milepost 22.45 (West Carlos Street) to the end of the line at milepost 22.89 (West San Fernando Street, near West San Jose, in Santa Clara County, CA. UP has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the 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 15, 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 8, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-43 (Sub-No. 163)] Illinois Central Railroad Company--Abandonment--Between Aberdeen Junction and Kosciusko, in Holmes and Attala Counties, MS ACTION: Notice of Findings. SUMMARY: The Board has found that the public convenience and necessity permit Illinois Central Railroad Company to abandon its 21.70-mile rail line between milepost H-0.20 at Aberdeen Junction and milepost H-21.90 at Kosciusko, in Holmes and Attala Counties, MS, subject to environmental conditions and standard employee protective conditions. DATES: The Board's decision will be effective and abandonment may be carried out on February 12, 1997, unless, prior to that date, the Board finds that one or more financially responsible persons have offered financial assistance (through subsidy or purchase) regarding the line. Decided: January 13, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-474X] Old Augusta Railroad Company--Whole-Line Abandonment Exemption-- in Perry County, MS ACTION: Notice of exemption. SUMMARY: The Board, under 49 U.S.C. 10502, exempts from the requirements of 49 U.S.C. 10903-04, the abandonment by Old Augusta Railroad Company of its entire 2.5-mile rail line located between milepost 0.0 at Augusta and milepost 2.5 at New Augusta, in Perry County, MS, subject to labor protective conditions. DATES: This exemption will be effective on February 20, 1997. Decided: January 6, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33335] Reading Blue Mountain and Northern Railroad Company; Corporate Family Transaction Exemption; East Mahanoy & Hazleton Railroad Company Reading Blue Mountain and Northern Railroad Company (RBMN) and East Mahanoy & Hazleton Railroad Company (EMHR), Class III railroads, have jointly filed a verified notice of exemption. The exempt transaction is a merger of EMHR into RBMN. RBMN and EMHR are wholly owned by Andrew M. Muller, Jr. RBMN owns and operates approximately 235 miles of rail line in the Commonwealth of Pennsylvania. EMHR owns and operates approximately 10 miles of rail line in the Commonwealth of Pennsylvania. The lines of RBMN and EMHR connect through overhead trackage rights over lines owned by Consolidated Rail Corporation. The earliest the transaction could be consummated was January 9, 1997, the effective date of the exemption (7 days after the exemption was filed). EMHR is currently not handling any traffic. If traffic becomes available and operations are resumed on the EMHR lines, RBMN represents that it will be able to handle such operations. The merger will reduce administrative expenses associated with managing 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 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33334] Dallas Area Rapid Transit--Acquisition Exemption--Missouri Pacific Railroad Company Dallas Area Rapid Transit (DART), has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate approximately 1.0 miles of rail line owned by Missouri Pacific Railroad Company (MP) between milepost 750.75 and milepost 749.75 in the vicinity of Garland, TX. Consummation was expected to occur on January 3, 1997. On January 1, 1997, MP merged into Union Pacific Railroad Company (UPRR); any reference to MP in this order shall be understood to refer to UPRR. Decided: January 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33332] Summit View Incorporated--Continuance in Control Exemption--The Youngstown Belt Railroad Company Summit View Incorporated (Summit) has filed a notice of exemption to continue in control of The Youngstown Belt Railroad Company (YBRR), upon YBRR's becoming a Class III rail carrier. The transaction was to have been consummated shortly after December 31, 1996, the effective date of the exemption. YBRR, a noncarrier, has concurrently filed a notice of exemption in STB Finance Docket No. 33333, to lease and operate approximately 12.9 miles of rail line, together with incidental trackage rights, owned by The Warren and Trumbull Railroad Company (WTRC); and (2) to acquire and operate 2.4 miles of connected rail line owned by CSX Transportation, Inc. (CSXT) via simultaneous assignment of WTRC's rights under a Track Lease/Operating Agreement with CSXT, a total of 15.3 miles of rail line, exclusive of the incidental trackage rights, located in Mahoning and Trumbull Counties, OH. Summit controls four other nonconnecting Class III rail carriers: the Ohio & Pennsylvania Railroad Company; the Ohio Central Railroad, Inc.; the Ohio Southern Railroad, Inc.; and the Youngstown & Austintown Railroad, Inc. Summit states that: (1) YBRR will not connect with SKO; (2) the continuance in control is not part of a series of anticipated transactions that would connect the railroads; and (3) the transaction does not involve a Class I railroad. The transaction therefore is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Decided: January 16, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33333] The Youngstown Belt Railroad Company--Lease and Operation Exemption--The Warren & Trumbull Railroad Company The Youngstown Belt Railroad Company (YBRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31: (1) to lease and operate approximately 12.9 miles of rail line, together with incidental trackage rights, owned by The Warren and Trumbull Railroad Company (WTRC); and (2) to acquire and operate 2.4 miles of connected rail line owned by CSX Transportation, Inc. (CSXT) via simultaneous assignment of WTRC's rights under a Track Lease/Operating Agreement with CSXT, a total of 15.3 miles of rail line, exclusive of the incidental trackage rights, located in Mahoning and Trumbull Counties, OH. YBRR will become a Classs III rail carrier. The proposed transaction was to have been consummated shortly after December 31, 1996, the effective date of the exemption. This proceeding is related to STB Finance Docket No. 33332, wherein Summit View Incorporated, a noncarrier, has filed a notice of exemption to continue in control of YBRR upon YBRR's becoming a Class III rail carrier. The lines involved in the lease and operation, together with incidental trackage rights, are described as follows: between milepost 15.5 and milepost 17.3 in Warren; between milepost 17.3 in Warren and milepost 20.0 in North Warren; between milepost 57.0 and milepost 58.5 at Niles; between milepost 62.1 at Niles and milepost 66.4 at Youngstown; between milepost 0.0 at Brier Hill and milepost 0.7 at Leadville; and between milepost 4.1 at Ohio Works Junction and milepost 6.0 at Girard (the Lordstown Cluster Lines). The lines involved in WTRC's assignment of trackage rights are over a segment of track between milepost 79.6 and milepost 82.0 at Girard (the Girard Line). In addition to the Lordstown Cluster Lines and Girard Lines, WTRC also presently operates over a total of 9.28 miles of rail line between Deforest Junction and North Warren, in Warren and Holland Townships, OH. These lines are not affected by the subject transaction. Decided: January 16, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-290 (Sub-No. 188X)] Norfolk and Western Railway Company; Abandonment Exemption; Between Edgefield and Escambia Junction, SC Norfolk and Western Railway Company (NW) has filed a notice of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon its 1.5-mile line of railroad between milepost AB-0.0 at Edgefield and milepost AB-1.5 at Escambia Junction, SC. NW 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 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: January 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [FRA Emergency Order No. 14, Notice No. 4] Eureka Southern Railroad Company (a.k.a. Northwestern Pacific Railroad); Notice of Limited Relief From Emergency Order No. 14 ACTION: Notice of partial relief. SUMMARY: This notice provides partial relief for the Northwestern Pacific Railroad (formerly the Eureka Southern Railroad) from the limitations of Federal Railroad Administration Emergency Order No. 14. The relief allows the railroad, using specified procedures, to transport hazardous materials when the transportation is necessary for the railroad to effect repairs on the railroad. Transportation of hazardous materials for other purposes, as well as passenger transportation, remain prohibited. SUPPLEMENTARY INFORMATION: The Federal Railroad Administration (FRA) gives notice of limited relief granted to the Eureka Southern Railroad Company, now known as the Northwestern Pacific Railroad (NWP), from certain conditions of this emergency order. This relief will permit the NWP to transport hazardous materials, under circumstances specified in this notice, over its line of track between Willits and Fort Seward, California (milepost 145.5 to milepost 216.6). Background As issued June 7, 1990, this emergency order prohibited Eureka Southern Railroad Company from operating passenger service and from transporting hazardous materials on its line between Willits and Eureka, California (milepost 142.5 to milepost 284.1). On October 1, 1990, FRA published notice that the emergency conditions no longer existed between mileposts 142.5 and 145.5, and between mileposts 216.6 and 284.1. The restrictions of the emergency order were lifted on those areas of track. In a third notice, published November 27, 1992, FRA stated that the prohibitions of the emergency order for the remaining track continued in effect for the new owner of the Eureka Southern Railroad, the North Coast Railroad Authority. The North Coast Railroad Authority operates the NWP. In July, 1996, the NWP requested that FRA allow the railroad to transport fuel oil to contractors performing work on the NWP right-of- way within the restricted area. The fuel oil is needed for railroad internal use to service heavy earth moving equipment. There exists no other means of access to these work areas. Following investigations conducted by FRA, I conclude that the relief requested by NWP is necessary to facilitate the railroad's efforts to maintain and improve its trackage. The relief requested is in the interest of railroad safety. Relief NWP may transport over its rail line between Willits and Fort Seward, California materials required by 49 CFR parts 171-179 to be placarded as hazardous under the following terms and conditions: (1) The material(s) must be for the internal use only by NWP for construction, maintenance and operation of the railroad. (2) Any movement of the material(s) shall be transported by special train, operated solely for that purpose. (3) Maximum speed of train movements of the material(s) shall be 10 miles per hour, regardless of any higher track speed specified by the railroad. (4) NWP shall provide written notice of intended movements of the material(s) to the county or counties in which the movements shall take place, as well as to the California Public Utilities Commission and to FRA's Regional Office in Sacramento, California. Each notice shall state the material(s) to be moved and the point of origination and point of destination. The notice shall be provided no less than five days prior to the movement. (5) Prior to any movement, the NWP chief mechanical officer shall inspect and certify in writing that any car carrying the material(s) is safe and in compliance with applicable Federal regulations. An inspection and certification will not be necessary for any movement for the purposes of repositioning the car for loading or unloading when such a movement starts and ends on the same track and that track is other than main track. (6) Any car carrying the material(s) shall be placed so that inadvertent movement, inclement weather, or other occurrence will not cause the car or its contents to fall in any river, stream or other body of water. This limited lifting of Emergency Order No. 14 is contingent upon NWP's compliance with the terms of the relief. The issuance of this Notice does not preclude imposition of another emergency order should NWP violate those terms. The restrictions set forth in Emergency Order No. 14 continue to apply to all rail transportation of passengers and of hazardous materials not for internal use by NWP on that portion of track between Willits and Fort Seward, California. Although Eureka Southern was named as the respondent in the Order, its terms and conditions were intended to apply to any successors. Therefore, the terms and conditions apply to Northwestern Pacific Railroad, as the railroad is now known. This Order remains in effect on this track until the NWP, or any successor thereto, makes sufficient repairs to receive relief under the provisions of the Order. Each train movement in violation of this Order shall subject NWP or any subsequent owner or operator committing the violation to a civil penalty of up to $20,000. 49 U.S.C. 20104, 20111. Issued in Washington, D.C. on January 23, 1997. ===================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. =======================================================================