DOT REPORT #31 - March, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between March 1 - 15, 1997. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Paducah & Louisville Railway, Trackage Rights Exemption, CSX Transportation, Inc. Blue Mountain Railroad, Inc., Abandonment Exemption, in Whitman County, WA, and Latah County, ID Burlington Northern and Santa Fe Railway Co.; Trackage Rights Exemption; Birmingham Southern Railway Co. CSX Transportation, Inc.--Abandonment Exemption--in Harrison County, WV Wheeling & Lake Erie Railway Company; Trackage Rights Exemption; Consolidated Rail Corporation Union Pacific Railroad Company--Abandonment Exemption--in Contra Costa County, CA Burlington Northern Railroad Company, Operation Exemption, in Mills and Pottawattamie Counties, IA Minnesota Northern Railroad, Inc.--Acquisition and Operation Exemption--Burlington Northern Railroad Company Minnesota Northern Railroad, Inc.--Trackage Rights Exemption--The Burlington Northern and Santa Fe Railway Company Orange County Transportation Authority/ Riverside County Transportation Commission/ San Bernardino Associated Governments/ San Diego Metropolitan Transit Development Board/ North San Diego County Transit Development Board--Acquisition Exemption--The Atchison, Topeka And Santa Fe Railway Company RailAmerica, Inc.; Continuance in Control Exemption; Minnesota Northern Railroad, Inc. Union County Industrial Railroad Company--Corporate Family Transaction Exemption--West Shore Railway Services, Inc. Petition for Waiver of Compliance ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 33366] Paducah & Louisville Railway, Trackage Rights Exemption, CSX Transportation, Inc. CSX Transportation, Inc. (CSXT) has agreed to grant overhead trackage rights to Paducah & Louisville Railway (P&L) from the P&L/CSXT connection at a point approximately 2,100 feet north of milepost 179 at Central City, KY, to approximately milepost 172 south of Drakesboro, KY, and between Drakesboro (Valuation Station 0+00) and the junction with trackage leased to Midwest Coal Handling Co., Inc. (Valuation Station 47+88), a total distance of approximately 8.9 miles in Muhlenberg County, KY. The transaction is scheduled to be consummated on March 1, 1997. Decided: February 25, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Docket No. AB-485X] Blue Mountain Railroad, Inc., Abandonment Exemption, in Whitman County, WA, and Latah County, ID ACTION: Notice of exemption and interim trail use or abandonment. SUMMARY: The Board, under 49 U.S.C. 10502, exempts from the prior approval requirements of 49 U.S.C. 10903-05 the abandonment by Blue Mountain Railroad, Inc., of three segments of its rail line located between: (1) milepost 19.0 at Kamiaken Street and milepost 19.30 at Pullman, WA; (2) milepost 19.75 at Pullman and milepost 25.50 near Moscow, ID; and (3) milepost 26.10 near Moscow and milepost 27.50 at Line Street in Moscow, totaling 7.45 miles, in Whitman County, WA, and Latah County, ID, subject to labor protective conditions, an historic preservation condition, and environmental conditions. BMR will retain two segments of the line between mileposts 19.30 and 19.75 at Pullman and mileposts 25.50 and 26.10 near Moscow, for use in serving the two local shippers on the line. DATES: This exemption will be effective on March 4, 1997. Decided: February 25, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33363] Burlington Northern and Santa Fe Railway Co.; Trackage Rights Exemption; Birmingham Southern Railway Co. Birmingham Southern Railway Company has agreed to grant overhead trackage rights to The Burlington Northern and Santa Fe Railway Company (BNSF) from BNSF's rail yard at milepost 147 + 28.00 to milepost 225 + 51.51 in Birmingham, AL, for the purpose of moving loaded and empty cars to the American Cast Iron Pipe Company plant. The transaction was scheduled to be consummated on February 26, 1997. Decided: February 27, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Docket No. AB-55 (Sub-No. 539X)] CSX Transportation, Inc.--Abandonment Exemption--in Harrison County, WV CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to abandon 14.1 miles of its line of railroad between milepost 2.1 at Clarksburg and milepost 16.2 at McWhorter, in Harrison County, 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 April 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. Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by CSXT's filing of a notice of consummation by March 6, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: February 25, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33361] Wheeling & Lake Erie Railway Company; Trackage Rights Exemption; Consolidated Rail Corporation Consolidated Rail Corporation (Conrail) has agreed to grant non- exclusive overhead trackage rights to the Wheeling & Lake Erie Railway Company (W&LE) in Canton, OH, between Conrail's Canton Yard and the connection with W&LE's Aultman Line at McKinley, as follows: (1) over Conrail's Track 96 between the connection with W&LE's East End Yard and the connection with Conrail's Fort Wayne Line at milepost 97.8 plus-minus; (2) over Conrail's Fort Wayne Line between milepost 97.8 plus-minus and milepost 96.8 plus-minus at CP Fairhope; and (3) over Conrail's Reed Runner Track (including the crossover connection to the Fort Wayne Line and the portion of the northwest quadrant interchange track at McKinley owned by Conrail) between milepost 96.8 plus-minus at CP Fairhope and milepost 102.1 plus-minus at McKinley, together with necessary head and tail room, a total distance of approximately 6.8 miles. The transaction is scheduled to be consummated on March 3, 1997. The trackage rights will provide W&LE with an alternate route to its Aultman Line at McKinley, and will allow retirement of three deteriorated crossing diamonds at the McKinley interlocking. Decided: February 28, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 108X)] Union Pacific Railroad Company--Abandonment Exemption--in Contra Costa 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 and discontinue service over a 1.845-mile portion of its line of railroad known as the Port Chicago Industrial Lead from the end of the line at milepost 37.06 near Clyde, to milepost 38.905 near Port Chicago, in Contra Costa 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 moving over 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 April 10, 1997, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by UP's filing of a notice of consummation by March 11, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: March 4, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 32977] Burlington Northern Railroad Company, Operation Exemption, in Mills and Pottawattamie Counties, IA ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board exempts from the prior approval requirements of 49 U.S.C. 10901 Burlington Northern Railroad Company's (BN) reinstitution of operations over approximately 14.0 miles of an abandoned line, formerly owned and operated by BN, between Pacific Junction (MP 475.01) and Council Bluffs, IA (MP 489.01). On December 31, 1996, The Atchison, Topeka and Santa Fe Railway Company merged with and into Burlington Northern Railroad Company. The name of the surviving corporation is The Burlington Northern and Santa Fe Railway Company. In this notice, we will continue to refer to this entity as BN. DATES: This exemption is effective on April 11, 1997. Decided: February 25, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 33315] Minnesota Northern Railroad, Inc.--Acquisition and Operation Exemption--Burlington Northern Railroad Company ACTION: Notice of exemption. SUMMARY: Minnesota Northern Railroad, Inc. (MNR), a noncarrier, has filed a notice of exemption under 49 CFR 1150.31-34 to acquire from Burlington Northern Railroad Company (BN) and operate approximately 204.10 miles of rail line as follows: (1) 33.25 miles of rail line on the MN Junction at Ada, MN, between Ada Subdivision mileposts 80.25 and 47.0; (2) 20.6 miles of rail line on the Redland Junction at Fertile, MN, between Fertile Subdivision mileposts 65.7 and 45.1; (3) 13.0 miles of rail line on the Tilden Junction at Red Lake Falls, MN, between Grand Forks Subdivision mileposts 56.84 and 13.0 miles east; (4) 44.25 miles of rail line on the MN Junction at Perley, MN, between P Line Subdivision mileposts 65.25 and 21.0; and (5) 93 miles of rail line on the St. Hilaire line at Warroad, MN, between Warroad Subdivision mileposts 11.0 and 104.0. On December 31, 1996, The Atchison, Topeka and Santa Fe Railway Company merged with and into the Burlington Northern Railroad Company. The name of the surviving corporation is The Burlington Northern and Santa Fe Railway Company. In this notice we will continue to refer to this entity as BN. Concurrent with the above transaction, MNR will acquire incidental overhead trackage rights for the sole purposes of: (1) Interchanging rail freight cars and equipment between MNR and BN at BN's Crookston, MN, rail yard only; and (2) moving locomotives, cars and equipment between the rail lines over BN's Grand Forks Subdivision rail line between milepost 81.5 west of Crookston, and milepost 31.0 at Erskine, MN, and also over all yard tracks in BN's Crookston rail yard. In addition, MNR will acquire BN's trackage rights to operate over the Soo Line Railroad Company between milepost 273.0 at or near Erskine and milepost 309.5 at or near Thief River Falls, MN. BN will retain overhead trackage rights only, without serving any industries on the line, to provide rail freight service over the Perley line, between P Line Subdivision milepost 65.25 and milepost 21.0. The transaction was scheduled to be consummated on or after December 27, 1996. Concurrently, RailAmerica, Inc. (RailAmerica), which controls MNR, has filed a notice of exemption to exempt RailAmerica's continuance in control of MNR when the latter becomes a Class III rail carrier. This transaction was also scheduled to be consummated on or after December 27, 1996. MNR has also filed a related notice of exemption for 2 miles of trackage rights from BN in Erskine, MN, in STB Finance Docket No. 33337. Minnesota Northern Railroad, Inc. (MNR) originally filed the notice of exemption on December 11, 1996. On December 16, 1996, the United Transportation Union (UTU) filed a petition to revoke the exemption, reject the notice, and/or stay the effectiveness of the notice. On December 18, 1996, MNR filed a notice of withdrawal. On December 20, 1996, MNR filed an amended notice of exemption. On December 24, 1996, UTU filed a supplemental petition to revoke, reject, and/or stay. The stay request was not acted upon prior to the December 27, 1996 scheduled effective date of the exemption. The petition to reject or revoke will be handled in a subsequent decision. Decided: February 28, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 33337] Minnesota Northern Railroad, Inc.--Trackage Rights Exemption--The Burlington Northern and Santa Fe Railway Company ACTION: Notice of exemption. SUMMARY: The Burlington Northern and Santa Fe Railway Company (BNSF) has agreed to grant overhead trackage rights to Minnesota Northern Railroad, Inc. (MNR) over a line of railroad between mileposts 31.0 and 33.0 near Erskine, MN. The transaction was expected to be consummated on January 15, 1997. This transaction arises out of an agreement between BNSF and MNR whereby MNR has acquired 204.1 miles of track, as well as certain incidental trackage rights. See the notice of exemption filed in STB Finance Docket No. 33315, and a related notice of exemption filed in STB Finance Docket No. 33316. These transactions were scheduled to be consummated on or after December 27, 1996. Minnesota Northern Railroad, Inc. (MNR) filed the notice of exemption on January 8, 1997. MNR also filed a motion for a protective order on January 9, 1997. On January 13, 1997, the United Transportation Union (UTU) filed a petition to revoke the exemption, reject the notice, and/or stay the effectiveness of the notice. On January 14, 1997, a decision was served denying UTU's stay petition. The petition to reject or revoke and the motion for a protective order will be handled in separate decisions. Decided: February 28, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [Finance Docket No. 32173 et al. This proceeding includes Finance Docket No. 32172, Los Angeles County Transportation Commission--Acquisition Exemption--The Atchison, Topeka and Santa Fe Railway Company. Orange County Transportation Authority/ Riverside County Transportation Commission/ San Bernardino Associated Governments/ San Diego Metropolitan Transit Development Board/ North San Diego County Transit Development Board--Acquisition Exemption--The Atchison, Topeka And Santa Fe Railway Company ACTION: Notice of exemption. SUMMARY: The Board grants the petition of southern California transit agencies for: (1) a blanket exemption from 49 U.S.C. Subtitle IV to operate 9 rail lines acquired from The Atchison, Topeka and Santa Fe Railway Company subject to future compliance with requirements for the protection of employees and the environment; (2) clarification of the ICC's decision in Orange County Transp.--Exempt.--Atchison, T. & S.F. Ry. Co., 10 I.C.C.2d 78 (1994); and (3) establishment of procedures to implement actions taken under blanket exemptions from 49 U.S.C. Subtitle IV. DATES: The Board's decision will be effective on April 11, 1997. Decided: February 28, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 33316] <SUP>1 RailAmerica, Inc.; Continuance in Control Exemption; Minnesota Northern Railroad, Inc. ACTION: Notice of exemption. SUMMARY: RailAmerica, Inc. (RailAmerica) has filed a notice of exemption under 49 CFR 1180.2(d) and 1180.4(g) from the prior approval requirements of 49 U.S.C. 11323 to continue in control of Minnesota Northern Railroad, Inc. (MNR) upon MNR's becoming a Class III rail carrier. The transaction was scheduled to be consummated on or about December 27, 1996. RailAmerica, Inc. (RailAmerica) originally filed the notice of exemption on December 11, 1996. On December 16, 1996, the United Transportation Union (UTU) filed a petition to revoke the exemption, reject, and/or stay the effectiveness of the notice. On December 18, 1996, RailAmerica filed a notice of withdrawal. On December 20, 1996, RailAmerica filed an amended notice of exemption. On December 24, 1996, UTU filed a supplemental petition to revoke, reject, and/ or stay. The stay was filed too close to the consummation date for it to be acted on. The petition to reject or revoke will be handled in a subsequent decision. MNR is a corporation newly formed for the purpose of acquiring and operating 204.10 miles of rail line from Burlington Northern Railroad Company (BN) in Minnesota. MNR has concurrently filed a notice of exemption to acquire and operate the rail lines together with incidental overhead trackage rights. MNR has also filed a notice of exemption for 2 miles of trackage rights from BN in Erskine, MN. On December 31, 1996, The Atchison, Topeka and Santa Fe Railway Company merged with and into the Burlington Northern Railroad Company. The name of the surviving corporation is The Burlington Northern and Santa Fe Railway Company. In this notice we will continue to refer to this entity as BN. RailAmerica controls 10 Class III railroads in addition to MNR. These other carriers are: Evansville Terminal Company, Inc.; Huron & Eastern Railway Company, Inc.; Saginaw Valley Railway Company, Inc.; West Texas & Lubbock Railroad Company, Inc.; Plainview Terminal Company; Dakota Rail, Inc.; South Central Tennessee Railroad Company; Cascade and Columbia River Railroad Company; Gettysburg Railway Company; and Otter Tail Valley Railroad. RailAmerica states that: (1) MNR does not connect with any other railroads in its corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect MNR with any other railroad in its corporate family; and (3) the transaction does not involve a Class I carrier. The transaction is thus exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Decided: February 28, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 33330] Union County Industrial Railroad Company--Corporate Family Transaction Exemption--West Shore Railway Services, Inc. Union County Industrial Railroad Company (UCIR) and West Shore Railway Services, Inc. (West Shore), Class III railroads, have jointly filed a verified notice of exemption. The exempt transaction is a merger of West Shore into UCIR. UCIR and West Shore are owned and controlled by Richard D. Robey. This notice corrects and supersedes the notice in this proceeding that was served on January 15, 1997, and published the same date. 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 West Shore Railroad Corporation (WSRC) in STB Finance Docket No. 33329 and approximately 8.965 miles previously operated by West Shore in the Commonwealth of Pennsylania. The merger will improve the overall efficiency of rail operations and reduce costs associated with two corporate entities. 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). 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 transactionwill 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: March 4, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 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. Southern Pacific Transportation Company; (Waiver Petition Docket Number RSOP-96-1) SP seeks a waiver of compliance from certain sections of 49 CFR part 218, subpart B--Blue Signal Protection of Workers. SP is requesting a permanent waiver of the provisions of 49 CFR 218.25 ``Workers on a main track'' at it's El Paso, Texas, fueling facility. SP, as of May 29, 1996, designated four additional tacks as main tracks at the El Paso facility for a total of six main tracks in the El Paso facility. These tracks are in the middle of the El Paso facility and are used for functions normally performed on yard tracks. Trains passing through the El Paso facility stop on one of the main tracks for fuel, locomotive inspection, or adding or removing power from the train. To perform this work on the main track, SP must provide blue signal protection under 49 CFR 218.25 which states in part: When workers are on, under, or between rolling equipment on a main track: (a) A blue signal must be displayed at each end of the rolling equipment; and (b) If the rolling equipment to be protected includes one or more locomotives, a blue signal must be attached to the controlling locomotive at a location where it is readily visible to the engineman or operator at the controls of that locomotive. SP is requesting the flexibility to treat these main tracks at the El Paso facility as tracks other than main tracks so it may have the option of protecting its employees working on, under, or between rolling equipment in accordance with 49 CFR 218.25 or 218.27, or a combination of both. SP believes that the safest and most efficient method of protecting its employees in the El Paso facility is through the use of a combination of blue signal protection and remotely controlled switches. Currently, when a train enters the El Paso facility, it stops on one of the main tracks for fueling, locomotive inspection, or other work. Once the train stops, before any work is performed, blue signal protection is placed on the train. A mechanical employee places a blue signal in front of the train. He then drives one to one and one-half miles to the other end of the train to place another blue signal. This usually takes 10 to 15 minutes, during which time no work can be done on the train. Once the blue signals are set, work begins on the train. After the work is completed, the blue signal at the front of the train is removed by the mechanical employee who then drives to the other end of the train to remove the other blue signal. SP seeks the opportunity to use remotely controlled switches alone or in combination with blue signals to protect its employees working on, under, or between rolling equipment on its main tracks in the El Paso facility. This can best be demonstrated by the following example: ``A train enters the El Paso facility on main track 1 from the west (heading eastward). Once the train comes to a stop, a blue signal would be placed in front of the train. After the signal is placed on the train, a blue signal would be placed in front of the train. After the signal is placed on the train, a mechanical employee would contact the control operator in the tower who controls the appropriate remove control switch and advise him to appropriately line and lock main track 1 switch. Work on the train could immediately commence, avoiding the delay incurred by the mechanical employee having to drive to the other end of the train and set up a blue signal. Once work on the train is completed, the mechanical employee would remove the blue signal at the front of the train and contact the control operator to reline and unlock the appropriate switch.'' Each group of workmen will be protected by a combination of blue signals and locked switches. Work on a train will not begin until blue signals are set and/or switches locked. SP will be able to work trains on five main tracks at the same time, reserving the sixth main track for through service which will improve the efficiency of the El Paso facility and provide the same level of blue signal protection for its employees. Issued in Washington, DC, on March 6, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================