DOT REPORT #30 - February, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between February 16 - 28, 1997. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Union Pacific Railroad Company--Trackage Rights Exemption--Elgin, Joliet and Eastern Railway Company Consolidated Rail Corporation; Abandonment Exemption; in Wicomico County, MD CSX Transportation, Inc.--Abandonment Exemption--in Vigo County, IN Tulare Valley Railroad Company--Abandonment and Discontinuance Exemption--in Tulare and Kern Counties, CA Amendment to Petition for Waiver of Compliance Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of 49 CFR Part 236 Union Pacific Railroad Company--Abandonment Exemption--in Sarpy County, NE (Gilmore Industrial Lead) Southern Pacific Transportation Company; Trackage Rights Exemption; Union Pacific Railroad Company Clarkdale Arizona Central Railroad, L.C.--Acquisition and Operation Exemption--Arizona Central Railroad, Inc. David L. Durbano--Continuance in Control Exemption--Clarkdale Arizona Central Railroad, L.C. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 33347] Union Pacific Railroad Company--Trackage Rights Exemption--Elgin, Joliet and Eastern Railway Company Elgin, Joliet and Eastern Railway Company has agreed to grant overhead trackage rights to Union Pacific Railroad Company (Union Pacific) over 11 miles of rail line between milepost 25.2 near Chicago Heights, IL, and milepost 36.2 near Griffith, IN. The transaction was expected to be consummated on, or as soon as possible after, January 31, 1997. On January 28, 1997, Joseph C. Szabo, on behalf of the United Transportation Union-Illinois Legislative Board, filed a petition to reject this notice of exemption and for stay of the effectiveness of the exemption. Union Pacific replied on January 30, 1997. The petition will be considered by the entire Board in a separate decision. Decided: February 10, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1176X)] Consolidated Rail Corporation; Abandonment Exemption; in Wicomico County, MD 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 Consolidated Rail Corporation (Conrail) of: (1) The portion of its Mardella Industrial Track extending from milepost 40.80 plus-minus to the junction with Conrail's Delmarva Secondary at milepost 42.00 plus-minus , near Salisbury, MD; and (2) its Mill Street Industrial Track extending from the connection with the Mardella Industrial Track at milepost 0.00 plus-minus to milepost 0.60 plus-minus, near Salisbury, subject to standard labor protective conditions. DATES: The exemption will be effective March 21, 1997 unless stayed or a statement of intent to file an offer of financial assistance (OFA) is filed Decided: February 10, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 536X)] CSX Transportation, Inc.--Abandonment Exemption--in Vigo County, IN ACTION: Notice of exemption. SUMMARY: The Board, pursuant to 49 U.S.C. 10502, exempts CSX Transportation, Inc. (CSXT), from the prior approval requirements of 49 U.S.C. 10903 to permit CSXT to abandon a 2.6-mile portion of its Chicago Service Lane, CE& D Subdivision, known at the Saxton Branch, between milepost ZY-0.00, at Dewey, IN (near Terre Haute), and milepost ZY-2.6, at the end of the track, in Vigo County, IN, subject to an environmental condition and standard employee 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 March 24, 1997. Decided: February 13, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Docket No. AB-397 (Sub-No. 5X)] Tulare Valley Railroad Company--Abandonment and Discontinuance Exemption--in Tulare and Kern Counties, CA ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board exempts Tulare Valley Railroad Company (TVR) from the prior approval requirements of 49 U.S.C. 10903 to permit TVR to abandon an 18.5-mile line of railroad extending from milepost 47.2 near Lindsay to milepost 66.0 near Ultra, in Tulare County, CA, and to discontinue trackage rights over 25.7 miles of railroad owned by San Joaquin Valley Railroad Co. from SP milepost 287.1 near Ducor to SP milepost 308.7 near Famoso, including the branch line from SP milepost 295.0 near Richgrove to SP milepost 299.1 near Jovista, in Tulare and Kern Counties, CA, subject to standard employee protective conditions and environmental conditions. DATES: Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption is effective on March 23, 1997. Decided: February 13, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [FRA Docket Number RST-95-3] Amendment 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 Federal Railroad Administration (FRA) received a request from the New York State Department of Transportation (NYDOT) for a waiver of compliance with certain requirements of 49 CFR Part 213, Track Safety Standards. In its original request, NYDOT requested to operate the Rohr Turboliner trainsets at higher cant deficiencies on the Empire Corridor extending from New York City, New York, to Niagara Falls, New York. Due to an FRA clerical error, the notice of NYDOT's request to add various types of equipment to its original petition did not clearly indicate that NYDOT seeks to add equipment owned by the Metro North Commuter Railroad as well as equipment owned by the National Railroad Passenger Corporation. The second paragraph of the notice, Addendum to Petition for Waiver of Compliance, should read as follows: NYDOT now requests to add the National Railroad Passenger Corporation's (Amtrak) equipment and the following Metro North Commuter Railroad (Metro-North) equipment types: 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 segments owned by Amtrak and Metro North. Issued in Washington, D.C. on February 19, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of 49 CFR Part 236 Pursuant to 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 49 CFR Part 236 as detailed below. Block Signal Application (BS-AP)-No. 3415 Applicant: Union Pacific Railroad Company The Union Pacific Railroad Company seeks approval of the proposed discontinuance and removal of signals 1636 and 1644, on the single main track automatic block signal system, near Hampton, Iowa, milepost 164.0, on the Mason City Subdivision. The reason given for the proposed change is that the two signals are no longer needed. BS-AP-No. 3416 Applicant: Terminal Railroad Association of St. Louis The Terminal Railroad Association of St. Louis seeks approval of the proposed relocation of automatic signal 211, southward a distance of 1,350 feet, near Brooklyn, Illinois, on the Illinois Transfer District. The reasons given for the proposed change are that the signal no longer serves the purpose for which it was intended, the relocation will improve functionality of the signal, make signal spacing more uniform and less confusing to train crews, and increase braking distance. BS-AP-No. 3417 Applicant: Union Pacific Railroad The Union Pacific Railroad (former Southern Pacific Lines, St. Louis and Southwestern Railroad) seeks approval of the proposed modification of the traffic control system, on the single main track and siding, mileposts 339.9 and 340.9, near Herbert, Arkansas, Central Region, Midwest Division, Pine Bluff Subdivision, consisting of the following: discontinuance of East and West Herbert control points; conversion of the power-operated switches to hand operation; discontinuance and removal of controlled signals 62L, 62RA, and 60LA; conversion of controlled signal 60R to back-to-back automatic signals; and retention of the trailing siding signals in lieu of electric locks at each end of the siding. The reason given for the proposed changes is that Herbert siding is no longer used to meet or pass trains, and is used as a storage track no longer requiring the power-operated switches. BS-AP-No. 3418 Applicant: Union Railroad Company The Union Railroad Company seeks approval of the proposed discontinuance and removal of a portion of the automatic block signals from the Munhall Branch, near West Mifflin, Pennsylvania, and govern train movements by yard limit rules. The reason given for the proposed changes is that traffic and train movements have declined during recent years as a result of the retired Homestead Works steel plant, and traffic presently averages between 30 and 35 movements per week. BS-AP-No. 3419 Applicant: Bessemer and Lake Erie Railroad Company The Bessemer and Lake Erie Railroad Company seeks approval of the proposed discontinuance and removal of the traffic control system, on the single main track, between ``KO North End,'' milepost 93.5, near Adamsville, Pennsylvania and ``RX Interlocking,'' milepost 123.8, near Albion, Pennsylvania, a distance of approximately 30 miles; and the associated installation of a Dispatcher Control Track Warrant System to govern train movements. The reason given for the proposed changes is that traffic and train movements have declined during recent years with the vast reduction of ore and coal movements associated with declining steel operations, and traffic reductions do not support the expense to maintain the centralized traffic control system. Issued in Washington, D.C. on February 19, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 103X)] Union Pacific Railroad Company--Abandonment Exemption--in Sarpy County, NE (Gilmore Industrial Lead) ACTION: Notice of exemption. SUMMARY: The Board, pursuant to 49 U.S.C. 10502, exempts Union Pacific Railroad Company from the prior approval requirements of 49 U.S.C. 10903 to abandon service over a portion of rail line known as the Gilmore Industrial Lead in Sarpy County, NE, subject to standard labor protective conditions. The line extends between milepost 11.76 and milepost 12.23, near Gilmore, NE, a distance of 0.47-mile. DATES: Provided no formal expression of intent to file a financial assistance offer has been received, this exemption will be effective on March 27, 1997. Decided: February 13, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33360] Southern Pacific Transportation Company; Trackage Rights Exemption; Union Pacific Railroad Company Union Pacific Railroad Company (UP) has agreed to grant overhead trackage rights to Southern Pacific Transportation Company (SP) over trackage known as the Port of Brownsville Lead Track, extending from the SP connection at milepost 3.21 to milepost 9.36, and over trackage from milepost 7.60 to milepost 7.90 at the connection to the Port of Brownsville trackage, a total distance of approximately 6.45 miles near Brownsville, TX. The trackage rights will result in improved and more efficient train operations and will eliminate rail traffic congestion in downtown Brownsville. The transaction was scheduled to be consummated on or after February 14, 1997. Decided: February 20, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33353] Clarkdale Arizona Central Railroad, L.C.--Acquisition and Operation Exemption--Arizona Central Railroad, Inc. Clarkdale Arizona Central Railroad, L.C. (CACR) has filed a verified notice of exemption under 49 CFR 1150.31 to acquire approximately 38.74 miles of rail line owned by Arizona Central Railroad, Inc. (AZCR), between milepost 0 + 15 feet at Drake, AZ, to the Phoenix Cement Plant at milepost 38 + 3940.3 feet near Clarkdale, AZ (the Clarkdale Branch). CACR will become a Class III rail carrier. Consummation was expected to occur on or shortly after February 7, 1997. Although this notice of exemption for acquisition and operation was filed on January 29, 1997, and the exemption thus became effective on February 5, 1997, the transition could not lawfully have been consummated until February 10, 1997, at the earliest, because the related notice of exemption for continuance in control was filed on February 3, 1997, and, as a result, that exemption did not become effective until February 10, 1997. CACR states that the Clarkdale Branch is the only rail asset owned by AZCR, although AZCR owns other assets. For liability and accounting purposes, and as part of a restructuring of the business organizations under common control, the decision was made to transfer AZCR's only rail asset to CACR. After consummation of the transaction, AZCR will no longer be a rail carrier subject to Board jurisdiction. This proceeding is related to STB Finance Docket No. 33354, wherein David L. Durbano, a noncarrier individual, has filed a notice of exemption to continue in control of CACR upon CACR's becoming a Class III rail carrier. Decided: February 19, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 33354] David L. Durbano--Continuance in Control Exemption--Clarkdale Arizona Central Railroad, L.C. David L. Durbano (Applicant) has filed a verified notice of exemption to continue in control of Clarkdale Arizona Central Railroad, L.C. (CACR), upon CACR's becoming a Class III rail carrier. The notice stated that Applicant expected the transaction to be consummated on or after February 7, 1997. Because this notice of exemption for continuance in control was filed on February 3, 1997, however, the 7-day effective date of this notice was February 10, 1997, which was thus the earliest date consummation could lawfully occur. This transaction is related to STB Finance Docket No. 33353, Clarkdale Arizona Central Railroad, L.C.--Acquisition and Operation Exemption--Arizona Central Railroad, Inc., wherein CACR seeks to acquire 38.74 miles of rail line owned by Arizona Central Railroad, Inc. (AZCR). Applicant controls five existing Class III rail common carriers. In addition to controlling AZCR, operating in Arizona, applicant controls: Wyoming and Colorado Railroad Company, Inc. (WYCO), operating in Wyoming; Oregon Eastern Railroad Company, Inc. (OER), operating in Oregon; Southwestern Railroad Company, Inc. (SWR), operating in New Mexico, Oklahoma, and Texas; and Cimarron Valley Railroad, L.C. (CVR), operating in Kansas, Oklahoma, and Colorado. Applicant states that: (i) CACR will not connect with WYCO, OER, SWR, or CVR; (ii) the continuance in control is not part of a series of anticipated transactions that would connect CACR with WYCO, OER, SWR, or CVR; and (iii) the transaction does not involve any Class I carriers. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. Decided: February 19, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================