DOT REPORT #36 - May, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between May 16 - 31, 1997. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: The Indiana Rail Road Company--Discontinuance of Trackage Rights Exemption--in Marion County, IN Owensville Terminal Company, Inc--Abandonment Exemption--in Edwards and White Counties, IL and in Gibson and Posey Counties, IN Illinois Central Corporation and Illinois Central Railroad Company--Corporate Family Transaction Exemption Consolidated Rail Corporation--Abandonment Exemption--in Erie County, NY Union Pacific Railroad Company--Abandonment Exemption--in Malheur County, OR and Owyhee County, ID (Homedale Branch) South Kansas and Oklahoma Railroad, Inc.--Abandonment Exemption-- in Neosho and Wilson Counties, KS Illinois Central Railroad Company; Trackage Rights Exemption; The Burlington Northern and Santa Fe Railway Company Louisiana and Delta Railroad, Inc.--Abandonment Exemption--In Lafourche and Assumption Parishes, LA Louisiana & Delta Railroad, Inc.--Abandonment Exemption--in Terrebonne Parish, LA CSX Corp. and CSX Transportation, Inc., Norfolk Southern Corp. and Norfolk Southern Railway Co.--Control and Operating Leases/ Agreements--Conrail Inc. and Consolidated Rail Corp. CSX Transportation, Inc.--Abandonment Exemption--in Clarke County, GA ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-295 (Sub-No. 3X)] The Indiana Rail Road Company--Discontinuance of Trackage Rights Exemption--in Marion County, IN The Indiana Rail Road Company (INRD) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances of Trackage Rights to discontinue trackage rights over Consolidated Rail Corporation's (Conrail) Indianapolis Belt Running Track between milepost 0.0 at North Indianapolis, and milepost 5.3 at the connection between Conrail and INRD at Raymond Street, and over approximately 1.1 miles of the former Indianapolis Union Railway Company, now a portion of Conrail's St. Louis Line from approximately milepost 1.5, extending through ``IU'' interlocking and through the former Indianapolis Union Station area to approximately milepost 0.4, a distance of approximately 6.4 miles in Indianapolis, Marion County, IN. The line traverses United States Postal Service Zip Codes 46202, 46204, 46208, 46221, 46222, and 46225. INRD has filed a notice of exemption to acquire trackage rights over Conrail's Indianapolis Belt Running Track (Belt Track) near Raymond Street, Indianapolis, IN, at approximately milepost 5.3 and the end of Conrail's Belt Track at the connection with the former Norfolk and Western Railway Company at approximately milepost 13.5, in STB Finance Docket No. 33380. INRD has certified that: (1) No INRD local traffic has moved over the line for at least 2 years; (2) there is no INRD 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 1105.12 (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 June 15, 1997, unless stayed pending reconsideration. Decided: May 13, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-477 (Sub-No. 1X)] Owensville Terminal Company, Inc--Abandonment Exemption--in Edwards and White Counties, IL and in Gibson and Posey Counties, IN On April 15, 1997, Owensville Terminal Company, Inc. (OTC) filed with the Surface Transportation Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a line of railroad known as the Browns-Poseyville line, extending from railroad milepost 205.0 near Browns, IL, to railroad milepost 227.5 near Poseyville, IN, which traverses U.S. Postal Service Zip Codes 62818, 62844, 47616, and 47633, a distance of 22.5 miles, in Edwards and White Counties, IL, and Gibson and Posey Counties, IN. The line includes the stations of: Browns, MP 205.0; Grayville, MP 213.5; Griffin, MP 219.9; and Stewartsville, MP 225.4. By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued within 90 days (by August 1, 1997). Decided: April 28, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33383] Illinois Central Corporation and Illinois Central Railroad Company--Corporate Family Transaction Exemption Illinois Central Corporation, a noncarrier holding company (IC Corp.) and Illinois Central Railroad Company (ICR), a Class I rail carrier, have jointly filed a verified notice of exemption. IC Corp. has formed a new subsidiary in the State of Illinois known as the IC Railroad Acquisition Company (ICAC). ICR will be merged into ICAC, with ICAC as the surviving entity. ICR, a Delaware corporation, is a wholly owned subsidiary of IC Corp. ICR controls and operates the Waterloo Railway Company (WLO), a Class III rail carrier, and also owns non-controlling stock interests in 5 switching and terminal railroads. The transaction is to be consummated on or after May 14, 1997. The transaction will allow the reincorporation of ICR in the State of Illinois and will more closely align ICR's corporate structure with its existing business and operations. Upon consummation, ICAC will become a wholly owned rail carrier subsidiary of IC Corp and the parent of WLO. In addition, ICAC will be renamed Illinois Central Railroad Company. The creation of the new subsidiary ICAC and the merger of ICR into ICAC are transactions 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 changes in service levels, operational changes, or a change in the competitive balance with carriers outside the corporate family. Decided: May 13, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1178X)] Consolidated Rail Corporation--Abandonment Exemption--in Erie County, NY On May 1, 1997, Consolidated Rail Corporation (Conrail) filed with the Surface Transportation Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a line of railroad known as the Black Rock Industrial Track, extending from railroad milepost 396.97 to railroad milepost 397.56 in the City of Buffalo, NY, which traverses U.S. Postal Service ZIP Code 14207, a distance of 0.59 miles, in Erie County, NY. Conrail has indicated that there are no stations on the line and that the line lies wholly within the station of Buffalo. By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by August 19, 1997. Decided: May 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 109X)] Union Pacific Railroad Company--Abandonment Exemption--in Malheur County, OR and Owyhee County, ID (Homedale Branch) On May 2, 1997, Union Pacific Railroad Company (UP) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 and 10904 to abandon a segment of UP's Homedale Branch, extending from milepost 11.4 near Adrian, OR, to the end of the line at milepost 33.5 near Marsing, ID. The line traverses U.S. Postal Service Zip Codes 97901, 83628, and 83639, a distance of 22.1 miles, in Malheur County, OR, and Owyhee County, ID, and includes the non-agency stations of Napton, OR-- milepost 16.90; Homedale, ID--milepost 24.50; Petty, ID--milepost 25.89; and Marsing--milepost 33.10. The line contains federally granted rights-of-way, tentatively determined to total 7.45 acres, of which 6.28 acres are located in Oregon south of Adrian at approximately milepost 12.0, and 27,500 square feet are located in Idaho north of Homedale at about milepost 23.1. By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued within 90 days (by August 20, 1997). Decided: May 16, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-471 (Sub-No. 1X)] South Kansas and Oklahoma Railroad, Inc.--Abandonment Exemption-- in Neosho and Wilson Counties, 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 19-mile portion of its line of railroad between milepost 130.0, near Chanute, and milepost 149.0, near Fredonia, in Neosho and Wilson Counties, KS. The line traverses United States Postal Service Zip Codes 66720, 66714, 66726 and 66710. SKO 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 June 22, 1997, unless stayed pending reconsideration. Decided: May 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33397] Illinois Central Railroad Company; Trackage Rights Exemption; The Burlington Northern and Santa Fe Railway Company The Burlington Northern and Santa Fe Railway Company has agreed to grant overhead trackage rights to Illinois Central Railroad Company over trackage located between Broadway Street and Louisiana Street in Memphis, TN. The transaction is expected to be consummated on May 20, 1997, the effective date of the exemption. Decided: May 19, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-318 (Sub-No. 4X)] Louisiana and Delta Railroad, Inc.--Abandonment Exemption--In Lafourche and Assumption Parishes, LA On May 8, 1997, Louisiana and Delta Railroad, Inc. (Louisiana and Delta), filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903-04 to abandon a line of railroad known as the Napoleonville Branch. This line extends from milepost 1.0, located at or near Thibodaux, Lafourche Parish, LA, to milepost 15.28, located at or near Supreme, Assumption Parish, LA, for a distance of 14.28 miles. The line traverses U.S. Postal Service Zip Codes 70301, 70302, 70372, and 70390. By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued within 90 days (by August 26, 1997.) The City of Thibodaux, LA has requested a public use condition and interim trail use/rail banking. Its request is supported by the Governor of Louisiana. Decided: May 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-318 (Sub-No. 3X)] Louisiana & Delta Railroad, Inc.--Abandonment Exemption--in Terrebonne Parish, LA Louisiana & Delta Railroad, Inc. (L&D) has filed notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 1.8 miles of its line of railroad known as the Houma Branch between milepost 0.20 to milepost 2.0, in Terrebonne Parish, LA. The line traverses United States Postal Service Zip Code 70395. The Terrebonne Parish Consolidated Government (TPCG) filed a request for issuance of a notice of interim trail use (NITU) for the line pursuant to section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d). The Board will address TPCG's trail use request, and any others that may be filed, in a subsequent decision. L&D 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 June 27, 1997, unless stayed pending reconsideration. Pursuant to the provisions of 49 CFR 1152.29(e)(2), L&D 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 L&D's filing of a notice of consummation by May 28, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: May 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33388] CSX Corp. and CSX Transportation, Inc., Norfolk Southern Corp. and Norfolk Southern Railway Co.--Control and Operating Leases/ Agreements--Conrail Inc. and Consolidated Rail Corp. ACTION: Decision No. 6; Notice of Issuance of Procedural Schedule. SUMMARY: Having received public comments on applicants' proposed procedural schedule and applicants' reply to those comments, the Board is issuing a final procedural schedule. This schedule provides for issuance of a final decision no later than 350 days after filing of the primary application. EFFECTIVE DATE: The effective date of this decision is May 30, 1997. SUPPLEMENTARY INFORMATION: On April 10, 1997, CSX Corporation (CSXC), CSX Transportation, Inc. (CSXT), Norfolk Southern Corporation (NSC), Norfolk Southern Railway Company (NSR), Conrail Inc. (CRI), and Consolidated Rail Corporation (CRC) filed a notice of intent (CSX/NS-1) that they intend to file an application under 49 U.S.C. 11323-25 (referred to as the ``primary application'') seeking Board authorization for, among other things, (a) the acquisition by CSX and NS of control of Conrail, and (b) the division of the assets of Conrail by and between CSX and NS. Applicants expect to file their primary application, and any related applications, petitions, and notices, on or before July 10, 1997, but not before June 16, 1997. CSXC and CSXT are referred to collectively as CSX. NSC and NSR are referred to collectively as NS. CRI and CRC are referred to collectively as Conrail. CSX, NS, and Conrail are referred to collectively as applicants. By letter dated April 24, 1997, applicants submitted, pursuant to 49 CFR 1013.3(a), an Amended and Restated Voting Trust Agreement (hereinafter referred to as Joint-VTA-1) that NSC, CSXC, and Green Acquisition Corporation propose to enter into with an institutional trustee, Deposit Guaranty National Bank, and a limited liability company to be formed shortly. NSC and CSXC intend that the Trustee will hold, in the voting trust (hereinafter referred to as the Joint Voting Trust) to be established pursuant to Joint-VTA-1, all common shares of Conrail Inc. (CRI): (1) Acquired previously, and separately, by NSC and CSXC and currently held in separate voting trusts; or (2) hereafter acquired by NSC and CSXC pursuant to the Third Supplement (dated April 10, 1997) to the Second Offer to Purchase (the Second Offer, dated December 6, 1996). NSC and CSXC intend that the Joint Voting Trust to be established pursuant to Joint-VTA-1 will be a single consolidated voting trust ultimately superseding and replacing the previously established separate voting trusts. An informal staff opinion letter with respect to the voting trust was issued on May 8, 1997. In Decision No. 2, served April 21, 1997, , we determined that the transaction contemplated by applicants is a major transaction as defined at 49 CFR 1180.2(a), and we invited comments due May 1, 1997, on applicants' proposed procedural schedule. Comments were filed, and on May 8, 1997, applicants filed a consolidated reply to the comments (CSX/NS-11). Over 25 comments were received in response to Decision No. 2. Comments were filed by shipper organizations, shippers (including electric utilities), ports, railroads, government parties, and rail labor unions. We have carefully reviewed all of the comments that we received on the proposed procedural schedule. Given the magnitude of applicants' proposed transaction concerning the restructuring of rail service within the entire Eastern United States, we have determined that a 350-day procedural schedule (which is more than applicants had proposed, but less than the statutory maximum) will ensure that all parties are accorded due process and allow us time to consider fully all of the issues in this proceeding, including environmental issues, and reach a timely resolution of this matter. In particular, this schedule will permit us to take the hard look at environmental issues as required by the National Environmental Policy Act (NEPA) and the related regulations of the Council on Environmental Quality. The Board's Section of Environmental Analysis (SEA) has determined that the preparation of an Environmental Impact Statement (EIS) is warranted for this proceeding. This determination is based on the nature and scope of environmental issues (e.g., intercity passenger service and commuter rail service) that are likely to arise in this proceeding as well as SEA's evaluation of the information available to date, including the Preliminary Environmental Report filed on May 16, 1997. We agree with SEA that an EIS is warranted in this proceeding. The procedural schedule that we are adopting will provide the necessary time to enable us to undertake an EIS. Within this procedural schedule, we will be able to consider fully all issues affecting the public interest, and will also be able to address cumulative impacts and crossover effects of prior mergers as appropriate. Further, we will consider the transaction in light of any settlement agreements that the applicants may reach with any parties. We are not unmindful of the concerns parties have raised regarding the amount of time necessary to prepare their cases or of the concerns applicants have raised regarding employment uncertainty among Conrail management and possible deterioration in Conrail service during the pendency of this proceeding, and have crafted the attached procedural schedule with fairness to all parties in mind. While we are sensitive to applicants' concerns and their desire to have an expedited schedule, we believe that the 350-day schedule that we are adopting is not unduly long and will not result in lasting adverse effects on the Conrail system or properties. We believe that the longer schedule is necessary and appropriate for this case to allow sufficient time for participation by the public and consideration by the Board, including the preparation of an EIS. Accordingly, we have adjusted the procedural schedule proposed by applicants to give more time for the submission and review of evidence and arguments, and to provide adequate time for preparing an EIS. As indicated above, applicants filed their joint Preliminary Environmental Report (PER) on May 16, 1997. CSX and NS will provide detailed and updated information and environmental impact analyses in the Environmental Report (ER) they will file with their primary application and related applications, petitions, and notices. As discussed above, SEA has determined that the preparation of an EIS is warranted for this proceeding. SEA will initiate public scoping as soon as possible after the joint application and environmental report are filed to allow interested persons to participate in determining the scope of the EIS that will be prepared. SEA anticipates that the final scope of the EIS will be issued approximately 80 days after the filing of the joint application. When, as here, the preparation of an environmental impact statement is contemplated for a railroad proceeding, the Board's environmental rules at 49 CFR 1105.10(a)(1) normally require the prospective applicants to submit to SEA a 6-month prefiling notice in advance of the application. However, where appropriate, 49 CFR 1105.10(c) allows the waiver of this 6-month prefiling notice. Here, SEA for some time has been engaged in on-going consultations with both CSX and NS about the proposed merger and the potential associated environmental impacts. Moreover, the applicants' joint PER provided detailed descriptive information about the project. In these circumstances, SEA believes that there is no need for the 6-month waiting period. Therefore, as indicated in Decision No. 7 (served concurrently herewith, but not published in the Federal Register), the 6-month prefiling notice requirement will be waived in this case. The RER should comply with all requirements for environmental reports contained in our environmental rules at 49 CFR 1105.7. Also, the RER should address the environmental issues identified in the final scope of the EIS for the entire merger, to the extent such issues are applicable to the particular inconsistent or responsive application. (For example, if, in the final scope of the EIS, SEA identified potential rail commuter service impacts as an issue to be addressed, we would expect the RER also to address that issue if commuter services were involved in the particular inconsistent or responsive application.) The purpose of an RER is to provide us the information we need to assess the potential environmental impacts of all inconsistent and responsive applications in the context of the overall merger proposal. After an RER is received, SEA will verify the information contained in the document. If the RER is acceptable, SEA will include the RER with the Draft EIS for the entire merger that will be served and made available for public comment. Most commenters support Day F + 120 as the minimum time necessary to prepare comments, protests, requests for conditions, and any other opposition evidence and argument. Applicants support giving persons at least 120 days to make such submissions. We will keep Day F + 120 as the due date for the filing of comments, protests, requests for conditions, and any other opposition evidence and argument. All inconsistent and responsive applications, including comments from the United States Department of Justice (DOJ) and the United States Department of Transportation (DOT), are also due on Day F + 120. Numerous commenters (including DOT) have requested additional time (ranging from 40-70 days) to digest and respond to comments, protests, requested conditions, and inconsistent and responsive applications. Given the complexity and magnitude of issues that potentially may arise in this proceeding, we will extend the due date proposed by applicants in their schedule by 25 days, thus providing the parties with a total of 55 days to file these responses. Responses to inconsistent and responsive applications, comments, protests, requested conditions, and opposition evidence and argument, as well as rebuttal in support of the primary application, will be due on Day F + 175. We will not allow parties filing comments, protests, and requests for conditions to file rebuttal in support of those pleadings. Parties filing inconsistent and/or responsive applications have a right to file rebuttal evidence, while parties simply commenting, protesting, or requesting conditions do not. Several commenters seek additional time for parties to prepare rebuttal filings. The National Industrial Transportation League (NITL) seeks 25 days for the preparation of rebuttal filings; Allied Rail Unions (ARU), the Port Authority of New York and New Jersey, and DOT seek 30 days; and three electric utilities seek 40 days. Rebuttal in support of inconsistent and responsive applications will be due on Day F + 205, which will allow inconsistent and responsive applicants 30 days instead of 15 days to prepare their rebuttals. Many commenters request more time to prepare their briefs. We will expand the schedule to allow parties 20 more days to prepare their briefs (not to exceed 50 pages), which will be due on Day F + 245. Applicants state that, while their proposed transaction involves a single, overall primary application and an agreed-upon division of Conrail, their proposed transaction also involves the extension of two separate and competing railroads into the territory now served by Conrail, and separate, competing operating and marketing plans for those two railroads. Applicants therefore request to file separate, 50- page briefs because, as applicants contend, there may be a considerable number of arguments made individually by CSX and NS, and many points of opposition to be responded to that are peculiar to one or the other. Some parties argue that applicants should file a single brief. Some parties argue that, if applicants are permitted to file separate briefs, then all other parties should be permitted to file longer briefs. We will allow CSX and NS to file separate, 50-page briefs. We are unpersuaded that other parties should be permitted to file longer briefs. Applicants will have only 50 pages to address arguments of dozens of parties. Other parties should easily be able to respond to several parties in the same number of pages or less. We therefore will continue to restrict briefs to 50 pages, which we think will be more than adequate for the parties succinctly to present their arguments. A number of parties request additional time to prepare for oral argument (e.g., NITL requests to have 25 days to prepare for oral argument; and ARU requests to have 60 days to prepare for oral argument). Several parties urge that the Board should take more time (e.g., at least 45 days) to consider briefs before the voting conference and to take the time necessary to consider fully the overall record. We will extend the schedule to allow parties to have 45 days (Day F + 290), rather than 15 days, to prepare for oral argument (close of record). The voting conference (at the Board's discretion) is scheduled 5 days thereafter on Day F + 295, which will allow the Board 50 days, rather than 20 days, to consider the briefs. The date of service of the final decision is scheduled 55 days thereafter on Day F + 350. As indicated in Decision No. 7, the procedural schedule applicable to merger-related abandonments will be as follows: (1) All merger-related abandonment proposals (which may be filed as applications, petitions, and/or notices) are to be filed, with any and all supporting documentation, simultaneously with the primary application; and (2) if the primary application is complete, we shall publish in the Federal Register, by Day F + 30, notice of the acceptance of the primary application as well as notice of any merger-related abandonment proposals. Thereafter, with respect to each merger-related abandonment proposal: (3) interested parties must file notifications of intent to participate in the proceeding by Day F + 45; (4) interested parties must file opposition submissions, requests for public use conditions, and/or Trails Act requests by Day F + 120; (5) applicants may file rebuttal in support of their abandonment proposals, and/or responses to any requests for public use conditions and Trails Act requests, by Day F + 175; (6) as with the primary application and all related matters, briefs shall be due by Day F + 245, oral argument will be held on Day F + 290, and a voting conference will be held, at the Board's discretion, on Day F + 295; and (7) if, in the final decision served on Day F + 350, we approve the primary application, we shall also address, in that final decision, each of the abandonment proposals, and all matters (including requests for public use conditions and Trails Act requests) relative thereto; and if we either approve or exempt any of the abandonment proposals, we shall allow interested parties to file, no later than 10 days after the date of service of the final decision, offers of financial assistance with respect to any approved or exempted abandonments. Decided: May 22, 1997. Final Procedural Schedule F -30 Preliminary Environmental Report, including supporting documents due. F Primary application & related applications, petitions, and notices filed. (Environmental Report, including all supporting documents due.) F +30 Federal Register publication of: Notice of acceptance of primary application and related applications, petitions, and notices; and notice(s) of any merger-related abandonment applications, petitions, and notices of exemption. F +45 Notification of intent to participate in proceeding due. F +60 Description of anticipated inconsistent and responsive applications due; petitions for waiver or clarification due with respect to such applications. F +100 Responsive Environmental Report and Environmental Verified Statements for inconsistent and responsive applicants due. F +120 Inconsistent and responsive applications due. All comments, protests, requests for conditions, and any other opposition evidence and argument due. Comments by U.S. Department of Justice and U.S. Department of Transportation due. With respect to all merger-related abandonments: opposition submission, requests for public use conditions, and Trails Act requests due. F +150 Notice of acceptance (if required) of inconsistent and responsive applications published in the Federal Register. F +175 Response to inconsistent and responsive applications due. Response to comments, protests, requested conditions, and other opposition arguments and evidence due. Rebuttal in support of primary application and related applications, petitions, and notices due. With respect to all merger-related abandonments: rebuttal due; and responses to requests for public use and Trails Act conditions due. F +205 Rebuttal in support of inconsistent and responsive applications due. F +245 Briefs due, all parties (not to exceed 50 pages). F +290 Oral argument (close of record). F +295 Voting conference (at Board's discretion). F +350 Date of service of final decision. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 545X) CSX Transportation, Inc.--Abandonment Exemption--in Clarke County, GA On May 12, 1997, CSX Transportation, Inc. (CSXT), filed with the Surface Transportation Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a portion of its line of railroad known as the Abbeville Subdivision, extending from railroad milepost YYA-37.44 to railroad milepost YYA-37.00 at the end of track at East Athens, which traverses through U.S. Postal Service ZIP Code 30605, a distance of 0.44 miles, in Clarke County, GA. CSXT has indicated that there are no stations on the line. By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by August 29, 1997. Decided: May 21, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================