DOT REPORT #33 - April, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between April 1 - 15, 1997. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Oil Creek and Titusville Lines--Meadville Division--Operation Exemption CSX Transportation, Inc.--Abandonment Exemption--in Stark County, OH and Wheeling & Lake Erie Railway Company--Discontinuance of Service Exemption--in Stark County, OH Wisconsin Central LTD.--Abandonment Exemption--in Clark County, WI Missouri Pacific Railroad Company--Abandonment Exemption--in Cloud and Jewell Counties, KS and Kyle Railroad Company--Discontinuance Exemption--in Cloud and Jewell Counties, KS Consolidated Rail Corporation; Trackage Rights Exemption; Burlington Northern and Santa Fe Railway Company I&M Rail Link, LLC; Acquisition and Operation Exemption; Certain Lines of Soo Line Railroad Company d/b/a Canadian Pacific Railway Dennis Washington, et al.; Continuance in Control Exemption; I&M Rail Link, LLC Sierra Pacific Industries; Acquisition and Operation Exemption; Amador Central Railroad Company Petition for Waiver of Compliance; Cant Deficient Passenger Train Operation The Burlington Northern and Santa Fe Railway Company--Acquisition and Operation Exemption--Lac Qui Parle Regional Railroad Authority ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Finance Docket No. 33371] Oil Creek and Titusville Lines--Meadville Division--Operation Exemption Oil Creek and Titusville Lines--Meadville Division (applicant), a Class III rail carrier, has filed a notice of exemption under 49 CFR 1150.31 to operate a 41.8-mile line of railroad extending between milepost 102.3 at Meadville and milepost 60.5 at Corry, in Erie and Crawford Counties, PA. The rail line had been abandoned by Consolidated Rail Corporation and will be acquired by the Northwest Pennsylvania Rail Authority (Authority) through condemnation proceedings under state law. Applicant will operate the line under an operating agreement with the Authority. The exemption became effective on March 11, 1997. Decided: March 19, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Docket No. AB-55 (Sub-No. 535X) and STB Docket No. AB-227 (Sub-No. 6X)] CSX Transportation, Inc.--Abandonment Exemption--in Stark County, OH and Wheeling & Lake Erie Railway Company--Discontinuance of Service Exemption--in Stark County, OH CSX Transportation, Inc. (CSXT) and Wheeling & Lake Erie Railway Company (W&LE) have filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances for CSXT to abandon and W&LE to discontinue service over approximately 0.7 miles of railroad owned by CSXT and leased to and operated by W&LE between milepost 16.0 and milepost 15.3 in Canton, Stark County, OH. W&LE's lease and operation of CSXT's line between Aultman and Canton, OH, including the line segment involved herein, was exempted by the Interstate Commerce Commission in 1992. At the same time, W&LE purchased an adjoining CSXT line extending south from Canton to Sandyville, OH. Service on the Canton-Sandyville line is not affected by this transaction. CSXT and W&LE has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) any overhead traffic can be rerouted over other lines; (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 May 1, 1997, unless stayed pending reconsideration. CSXT and W&LE shall file a notice of consummation with the Board to signify that they have exercised the authority granted and discontinued service and fully abandoned the line. If consummation has not been effected by CSXT's and W&LE's filing of a notice of consummation by April 1, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon and discontinue will automatically expire. Decided: March 25 , 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION [STB Docket No. AB-303 (Sub-No. 16X)] Wisconsin Central LTD.--Abandonment Exemption--in Clark County, WI Wisconsin Central LTD. (WCL) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately .64 miles of its line of railroad, known as the Abbotsford line, between milepost 303.37 and milepost 304.01, in Abbotsford, Clark County, WI. WCL has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted; (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 May 1, 1997, unless stayed pending reconsideration. WCL 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 WCL's filing of a notice of consummation by April 1, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: March 25, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-3 (Sub-No. 140X) and STB Docket No. AB-486 (Sub-No. 1X)] Missouri Pacific Railroad Company--Abandonment Exemption--in Cloud and Jewell Counties, KS and Kyle Railroad Company--Discontinuance Exemption--in Cloud and Jewell Counties, KS ACTION: Notice of exemptions. SUMMARY: The Board under 49 U.S.C. 10502 exempts from the prior approval requirements of 49 U.S.C. 10903 the abandonment by Missouri Pacific Railroad Company, and the discontinuance of service by Kyle Railroad Company, of the 33.4-mile Burr Oak Branch line located between milepost 496.3 at Jamestown and milepost 529.7 (end of line) at Burr Oak, in Cloud and Jewell Counties, KS, subject to labor protective conditions and an environmental condition. DATES: Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on May 4, 1997. Decided: April 1, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33384] Consolidated Rail Corporation; Trackage Rights Exemption; Burlington Northern and Santa Fe Railway Company The Burlington Northern and Santa Fe Railway Company (BNSF) will agree to grant local trackage rights to Consolidated Rail Corporation (Conrail) between a connection near Panhandle Crossing (Ash Street) located in Chicago, IL, BNSF's milepost 4.51 and a connection near McCook, IL, at BNSF's milepost 12.9, to the town of Willow Springs, IL, BNSF's milepost 17.72, a distance of approximately 13.21 miles. The transaction is scheduled to be consummated on or about April 7, 1997. The purpose of the trackage rights is to allow Conrail to operate intermodal trains into BNSF's intermodal terminal at Willow Springs, IL. Decided: April 2, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33326] I&M Rail Link, LLC; Acquisition and Operation Exemption; Certain Lines of Soo Line Railroad Company d/b/a Canadian Pacific Railway I&M Rail Link, LLC (I&M), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 and 1150.35 to acquire from Soo Line Railroad Company, d/b/a Canadian Pacific Railway (CPR), and operate approximately 1,109 miles of rail line and 262 miles of trackage rights in Iowa, Illinois, Minnesota, Missouri, Wisconsin, and Kansas. I&M will become a Class II rail carrier. This proceeding is related to STB Finance Docket No. 33327, wherein Dennis Washington, William H. Brodsky, Mort Lowenthal, Dorn Parkinson, J. Fred Simpson, and Thomas J. Walsh have filed a notice of exemption to continue in control of I&M upon I&M's becoming a Class II rail carrier. The system to be acquired consists of: (1) CPR's ``KC Mainline'' between Kansas City, MO, and Pingree Grove, IL, including trackage rights between Pingree Grove and Chicago, IL; and (2) CPR's ``Corn Lines'' between Sabula and Sheldon, IA, including branch lines and trackage rights in southern Minnesota. I&M indicates that, to the extent the assumption by I&M of any of these trackage rights requires the consent of third parties, I&M will take appropriate steps to obtain such consent. The KC Mainline. The KC Mainline runs from Kansas City, MO (MP 499.2), northeasterly through Missouri and Iowa to a junction near Sabula, IA (MP 141.6), at the Iowa-Illinois border, including branch lines from Davenport, IA (MP 0.0), to Eldridge, IA (MP 9.7) (the Eldridge Branch), and from Davenport, IA (MP 0.0) to Albany, IL (MP 35.0) (the Nitrin Branch); and then from the junction near Sabula, IA (MP 141.6), easterly across northern Illinois to Pingree Grove, IL (MP 41.9), including a branch line from Davis Jct., IL (MP 0.0), to Rockford, IL (MP 12.9), and then beyond to Janesville, WI (MP 45.8) (the Janesville Branch). Operations into and out of Kansas City are via: a paired track agreement with the Union Pacific Railroad Company (UP) from Polo, MO (MP 456.7) to Birmingham, MO (MP 494.5); a joint track agreement with UP from Birmingham, MO (MP 494.5) to Airline Jct., MO (MP 499.2); and beyond for approximately 0.13 miles to Sheffield, MO, on a segment owned jointly by CPR and the Kansas City Southern Railway Company (KCS). Operation on the mainline at Clinton, IA, will require assumption of CPR's trackage rights through the UP interlocking at approximately MP 158.4. Over the Nitrin Branch, which is owned by The Burlington Northern and Santa Fe Railway Company (BNSF), I&M will acquire incidental trackage rights through an assignment of rights from CPR. Over the segment of the Janesville Branch that lies between Davis Jct. and Rockford (the Rockford Segment), which segment is owned by BNSF, I&M will acquire incidental trackage rights through an assignment of rights from CPR. The Corn Lines. The Corn Lines run from the junction near Sabula, IA (MP 141.6), north-northwesterly, approximately following Iowa's eastern border, to a junction near Marquette, IA (MP 98.0), and then northerly into Minnesota to La Crescent, MN (MP 160.1); from the junction near Marquette (MP 0.0), westerly across northern Iowa to a junction at Mason City, IA (MP 116.7), and continuing westerly to Sheldon, IA (MP 253.4); from the junction near Mason City northerly into Minnesota to a junction near Comus, MN (MP 123.8); and from a junction near Ramsey, MN (MP 43.0), westerly across southern Minnesota to Jackson, MN (MP 149.4), including a branch line from Wells, MN (MP 0.0), to Minnesota Lake, MN (MP 9.0). Operation on the ``Dubuque Segment'' through Dubuque, IA, will involve the assumption by I&M of CPR's rights to operate on 1.7 miles of the former Chicago, Central & Pacific Railroad Company. I&M will assume CPR's trackage rights agreement for operation on the Iowa Northern Railway Company (IANR) from Plymouth Jct., IA (IANR MP 219.5), to Nora Springs, IA (IANR MP 210.7) (the Nora Springs Segment). Operation from Fairmont, MN (MP 182.97), to Welcome, MN (MP 190.28) will be by assumption of CPR's trackage rights on UP (the Welcome Segment). Additional Incidental Trackage Rights. I&M will also acquire from CPR additional incidental trackage rights: (i) For certain traffic over 34.9 miles of rail line from the end of CPR's line at Pingree Grove, IL, over certain lines owned by the Commuter Rail Division of the Regional Transportation Authority (METRA), to a connection with the Belt Railway Company of Chicago at Cragin Jct. (MP 7.0) in the Chicago Terminal; (ii) for overhead traffic over 125.8 miles of rail line owned by CPR, part of which is owned in common with BNSF, from River Jct., MN (MP 288.0), to St. Paul, MN (MP 407.4), and for overhead traffic from Comus, MN (MP 123.8), to Rosemount, MN (MP 150.7); and (iii) over 78.2 miles of rail line owned by the Kansas City Terminal Railroad (KCT). I&M also will acquire CPR's minority interest (8.33%) in the common stock of KCT, and will thereby acquire certain rights and obligations attendant thereto, including the right to operate on the 78.2 miles of rail line owned by KCT. I&M also will acquire all of the rights, privileges, benefits, and obligations of CPR in that certain contract between KCS and predecessors of CPR, dated May 1, 1942, including any real estate owned by CPR in Kansas or in the metropolitan area of Kansas City, MO, together with any appurtenances and fixtures of CPR located thereon and affixed thereto, other than certain excluded assets. Pursuant to a decision of the Board served April 2, 1997, the proposed transaction may be consummated on or after April 4, 1997. I&M intends to consummate the transaction as soon as practicable. Decided: April 3, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33327] Dennis Washington, et al.; Continuance in Control Exemption; I&M Rail Link, LLC Dennis Washington, William H. Brodsky, Mort Lowenthal, Dorn Parkinson, J. Fred Simpson, and Thomas J. Walsh, noncarrier individuals (applicants), have filed a verified notice of exemption to continue in control, through ownership and management, of I&M Rail Link, LLC (I&M) upon I&M's becoming a rail carrier. Applicants control, through ownership and management, one other rail carrier, Montana Rail Link, Inc. (MRL), a Class II railroad operating in Montana, Idaho, and Washington. This proceeding is related to STB Finance Docket No. 33326, wherein I&M, a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 and 1150.35 to acquire from Soo Line Railroad Company, d/b/ a/ Canadian Pacific Railway (CPR), and operate approximately 1,109 miles of rail line and 262 miles of trackage rights in Iowa, Illinois, Minnesota, Missouri, Wisconsin, and Kansas. The system to be acquired by I&M, which is more fully described in the STB Finance Docket No. 33326 notice published concurrently herewith, consists generally of: (1) CPR's ``KC Mainline'' between Kansas City, MO, and Pingree Grove, IL, including trackage rights between Pingree Grove and Chicago, IL; and (2) CPR's ``Corn Lines'' between Sabula and Sheldon, IA, including branch lines and trackage rights in southern Minnesota. Upon acquiring such lines and trackage rights, I&M will become a Class II rail carrier. Applicants state that: (i) I&M and MRL will not connect with each other or with 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 with any railroad in their corporate family; 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. See 49 CFR 1180.2(d)(2). Pursuant to a decision of the Board served April 2, 1997, I&M may consummate its proposed acquisition on or after April 4, 1997. I&M intends to consummate that acquisition as soon as practicable. The control transaction in the instant docket will be consummated simultaneously therewith. Decided: April 3, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33378] Sierra Pacific Industries; Acquisition and Operation Exemption; Amador Central Railroad Company Sierra Pacific Industries (SPI), a Class III rail carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire and operate approximately 12 miles of rail line currently owned and operated by the Amador Central Railroad Company (ACRC), between milepost 0.0 at Ione and milepost 12.0 at Martell, in Amador County, CA. Included in the acquisition are a rail yard and associated tracks. This transaction was scheduled to be consummated on March 31, 1997. Decided: April 3, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [FRA Docket No. RST-97-1] Petition for Waiver of Compliance; Cant Deficient Passenger Train Operation In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) received from the National Railroad Passenger Corporation (Amtrak) a request for waiver of compliance with certain requirements of 49 CFR Part 213: Track Safety Standards. The purpose of Amtrak's petition is to secure approval from FRA to operate its equipment at curving speeds producing higher cant deficiencies on the route known as the Michigan District between Porter, Indiana, and Kalamazoo, Michigan. Amtrak advises that this territory is currently being upgraded to track class six standards with a projected maximum train speed of 110 mph. Amtrak and the state of Michigan have embarked on a long-term program to reduce trip times between Chicago, Illinois, and Detroit, Michigan. Amtrak believes that it is important to obtain the waiver for the success of the Michigan High-Speed Project, as it will allow speeds that take full advantage of a FRA-funded state-of-the-art ITCS, Incremental Train Control System, signal system being installed on this section of railroad. Presently, section 213.57(b) permits a maximum of three inches to be used as the underbalance term (cant deficiency) in the formulation of curve/speed tables by track maintenance engineers defining train speeds for curved track superelevations for any route between two points. Section 213.57 refers to maximum allowable train operating speeds on curves as a function of existing curvature and superelevation and, further, introduces the concept of unbalanced superelevation. The idea of trains negotiating curved track at speeds producing either positive or negative unbalance was discussed previously in the Federal Register. Amtrak seeks to operate Superliner I, Superliner II, and High-level equipment at curving speeds producing four inches of cant deficiency; and Amfleet I, Amfleet II, Horizon, Heritage, Cab Car, F40 Cab Car (NPCU), MHC, F40PH, P32-BWH, P40-BH, and P42-BH equipment at curving speeds producing up to six inches of cant deficiency. In its petition, Amtrak states that it successfully operated train equipment at higher cant deficiencies under several waivers, including a waiver to operate passenger trains at curving speeds producing five inches of cant deficiency between New Haven, Connecticut, and Boston, Massachusetts, on its Northeast Corridor. Amtrak advises that some equipment types in this petition have been successfully tested at up to eight inches of cant deficiency. Issued in Washington, D.C. on March 31, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33364] The Burlington Northern and Santa Fe Railway Company--Acquisition and Operation Exemption--Lac Qui Parle Regional Railroad Authority The Burlington Northern and Santa Fe Railway Company (BNSF), a Class I rail carrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 35.43 miles of line owned by the Lac Que Parle Regional Railroad Authority (Lac Qui) extending from milepost 0.00, at Hanley Falls, MN, to milepost 35.43, at Madison, MN. Lac Qui Parle is a political subdivision of the State of Minnesota. BNSF currently provides common carrier rail service over 36.2 miles of Lac Qui's rail line pursuant to Burlington Northern Railroad Company, Modified Rail Certificate, Finance Docket No. 30323 (ICC served Nov. 7, 1983). Lac Qui will retain ownership of the .77 miles of track not purchased by BNSF, and BNSF will continue to operate over the .77-miles of line under various industrial track agreements. Pursuant to 49 CFR 1150.24, BNSF will provide 60 days' notice of its intent to terminate the service under the Modified Rail Certificate. The transaction is expected to be consummated on the April 15, 1997 effective date of the exemption. Decided: April 8, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================