DOT REPORT #38 - June, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between June 16 - 30, 1997. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Norfolk and Western Railway Company--Abandonment Exemption--in McDowell County, WV Georgia Central Railway, L.P.--Abandonment Exemption--in Chatham County, GA San Joaquin Valley Railroad Co.--Acquisition and Operation Exemption--Sunset Railway Co. Union Pacific Railroad Company--Trackage Rights Exemption-- Southern Pacific Transportation Company Southern Pacific Transportation Company--Trackage Rights Exemption--Union Pacific Railroad Company CSX Transportation, Inc.--Abandonment Exemption--in Clinton County, MI CSX Transportation, Inc.--Abandonment Exemption--in Monroe County, IN Penn-Jersey Rail Lines, Inc.--Acquisition and Operations Exemption--WMI Properties, Inc. Jeffrey L. Sutch and Leonard J. Smolsky--Continuance in Control Exemption--Penn-Jersey Rail Lines, Inc. Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 CFR Part 236 Union Pacific Railroad Company--Abandonment Exemption--in Lancaster County, NE Union Pacific Railroad Company--Abandonment Exemption--in Jefferson County, WI Petitions for Waivers of Compliance ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-290 (Sub-No. 189X)] Norfolk and Western Railway Company--Abandonment Exemption--in McDowell County, WV Norfolk and Western Railway Company (NW) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 1.0-mile line of railroad between milepost NF-0.0 at Norfolk, and milepost NF-1.0 at Buzzards Creek Junction, WV. The line traverses United States Postal Service Zip Code 24868. NW 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 July 16, 1997, unless stayed pending reconsideration. Pursuant to the provisions of 49 CFR 1152.29(e)(2), NW 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 NW's filing of a notice of consummation by June 16, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: June 9, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-367 (Sub-No. 2X)] Georgia Central Railway, L.P.--Abandonment Exemption--in Chatham County, GA On May 28, 1997, Georgia Central Railway, L.P. (Georgia Central) 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 extending from Value Station 42+33 where it switches off the Georgia Central main line to Value Station 37+72, a distance of 0.71 miles, in Savannah, Chatham County, GA. The line transverses through U.S. Postal Service Zip Code 31401. 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 September 15, 1997. Georgia Central states that the right-of-way underlying the line is not suitable for use for other public purposes and that, upon abandonment, it will revert to its owner, CSX Transportation, Inc. Nonetheless, we will entertain public use/trail use requests. Decided: June 11, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33404] San Joaquin Valley Railroad Co.--Acquisition and Operation Exemption--Sunset Railway Co. San Joaquin Valley Railroad Company, a Class III rail common carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire by lease and operate 47.5 miles of rail line from the Sunset Railway Company between milepost 0.5, near Bakersfield, and milepost 48.0, at Taft, in Kern County, CA. The transaction was expected to be consummated on or after May 30, 1997. Decided: June 12, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33410] Union Pacific Railroad Company--Trackage Rights Exemption-- Southern Pacific Transportation Company Southern Pacific Transportation Company has agreed to grant overhead trackage rights to Union Pacific Railroad Company over trackage from milepost 360.42, at Houston (near the Carr Street connection), to milepost 280.1, at Beaumont, a distance of 80.32 miles, in the State of Texas. The transaction is scheduled to be consummated on June 16, 1997. The purpose of the trackage rights is to facilitate efficient train operations in a one-way directional move of rail traffic between Houston and Beaumont, TX. Decided: June 12, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33409] Southern Pacific Transportation Company--Trackage Rights Exemption--Union Pacific Railroad Company Union Pacific Railroad Company has agreed to grant overhead trackage rights to Southern Pacific Transportation Company over trackage from milepost 377.98, at Houston (near Gulf Coast Junction), to milepost 456.7, at Beaumont (near Langham Road), a distance of 78.72 miles, in the State of Texas. The transaction is scheduled to be consummated on June 16, 1997. The purpose of the trackage rights is to facilitate efficient train operations in a one-way directional move of rail traffic between Houston and Beaumont, TX. Decided: June 12, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 550X)] CSX Transportation, Inc.--Abandonment Exemption--in Clinton County, MI CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon 1.32 miles of its line of railroad between milepost CHC-2.11, near Grand Ledge, and milepost CHC-3.43, at the end of track at Eagle, in Clinton County, MI. The line traverses United States Postal Service Zip Code 48822. 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 of 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 July 20, 1997, unless stayed pending reconsideration. 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 June 20, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: June 13, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 548X)] CSX Transportation, Inc.--Abandonment Exemption--in Monroe County, IN On June 3, 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 Monon Subdivision, extending from railroad milepost Q-217.67 at Hunters to railroad milepost Q-213.41 at the end of track at Ellettsville, which traverses U.S. Postal Service ZIP Codes 47427 and 47401, a distance of 4.26 miles, in Monroe County, IN. The line for which the abandonment exemption request was filed includes the station of Ellettsville, milepost Q-213. 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 September 19, 1997. Decided: June 12, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33414] Penn-Jersey Rail Lines, Inc.--Acquisition and Operations Exemption--WMI Properties, Inc. Penn-Jersey Rail Lines, Inc. (PENN), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from WMI Properties, Inc., and to operate as a common carrier, railroad lines starting at the turnout from the track of Consolidated Rail Corporation, at milepost 6.1, and extending for a total of 2.2 miles, all within the Penn Warner Industrial Park, Falls Township, Bucks County, PA. The transaction is expected to be consummated on or after June 18, 1997. Decided: June 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33415] Jeffrey L. Sutch and Leonard J. Smolsky--Continuance in Control Exemption--Penn-Jersey Rail Lines, Inc. Jeffrey L. Sutch and Leonard J. Smolsky (Applicants), have filed a notice of exemption to continue in control of the Penn-Jersey Rail Lines, Inc. (PENN), upon PENN's becoming a Class III railroad. The transaction is expected to be consummated on or after June 18, 1997. Applicants control one existing Class III railroad subsidiary: SMS Rail Service, Inc., operating in the State of New Jersey. Applicants state that: (i) the rail lines to be operated by PENN do not connect with any railroad in the corporate family; (ii) the transaction is not part of a series of anticipated transactions that would connect PENN with any railroads in the corporate family; and (iii) the transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Decided: June 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 CFR Part 236 Pursuant to Title 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 Title 49 CFR Part 236 as detailed below. Block Signal Application (BS-AP)-No. 3423 Applicant: CSX Transportation, Incorporated CSX Transportation, Incorporated seeks approval of the proposed discontinuance and removal of the northward absolute signal N2 and the traffic control system, on the No. 1 Main Track, between Rosedale, Kentucky, milepost KC-5.1 and Latonia, Kentucky, milepost KC-4.1, Louisville Division, Cincinnati Terminal Subdivision, and extend Yard Limit operation to the trackage. The reason given for the proposed changes is to enhance switching operations and increase efficiency. BS-AP-No. 3424 Applicant: CSX Transportation, Incorporated CSX Transportation, Incorporated seeks approval of the proposed discontinuance and removal of the traffic control system, on the connection track between Sanderson No. 1 and Sanderson No. 2, Memphis Junction, Kentucky, milepost 118.7, Louisville Division, Main Line 3 Subdivision; consisting of the conversion of the power-operated switch at Sanderson No. 2 to hand operation, removal of controlled signals 150RA, 150RB, and 150L, removal of approach signal 1202, and implement Yard Limit operation on the trackage. The reason given for the proposed changes is to enhance switching operations and increase efficiency. BS-AP-No. 3425 Applicant: CSX Transportation, Incorporated CSX Transportation, Incorporated seeks approval of the proposed modification of RO Interlocking, milepost CFP-110.1, near Alexandria, Virginia, Baltimore Division, RF&P Subdivision, consisting of the conversion of power-operated switches No.'s 3, 5, and 13 to hand operation equipped with electric locks, and removal of associated controlled signals 2L, 8LB, and 8LC. The reason given for the proposed changes is to enhance switching operations and increase efficiency. BS-AP-No. 3426 Applicant: CSX Transportation, Incorporated CSX Transportation, Incorporated seeks approval of the proposed modification of Milford Interlocking, milepost CFP-37.8, Milford, Virginia, Baltimore Division, RF&P Subdivision; consisting of the conversion of the No. 3 power-operated crossover to a hand-operated electrically locked crossover, and removal of associated controlled signals 4L and 4R. The reason given for the proposed changes is to enhance switching operations and increase efficiency. BS-AP-No. 3427 Applicant: CSX Transportation, Incorporated CSX Transportation, Incorporated seeks approval of the proposed modification of the traffic control system, on the single main track, at Amqui, Tennessee, milepost H-176.8, on the Henderson Subdivision, Chicago Service Lane, consisting of the discontinuance and removal of northward absolute signal 3R. The reason given for the proposed changes is that the signal is not needed under present day operation. BS-AP-No. 3428 Applicant: CSX Transportation, Incorporated CSX Transportation, Incorporated seeks approval of the proposed modification of the traffic control system, on the single main track, between milepost 172 and milepost 225, on the Florence Division, Aberdeen Subdivision, in North Carolina, associated with the installation of electronic coded track circuits, consisting of the following: 1. Conversion of the two power-operated switches, North End of Merry Oaks, to hand operation equipped with electric locks; 2. Conversion of the two power-operated switches, South End of Merry Oaks, to hand operation equipped with electric locks; 3. Conversion of the power-operated switch, milepost 212, south of Cameron, to hand operation; and 4. Discontinuance and removal of 34 controlled signals, associated with the conversion of the above power-operated switches, and the removal of several sidings no longer required. The reason given for the proposed changes is to eliminate facilities no longer needed in present day operation. BS-AP-No. 3429 Applicant: Norfolk Southern Railway Company Norfolk Southern Railway Company seeks approval of the proposed modification of the traffic control system, on the Kinney Wye connecting track, between control point Kinney, milepost PH-16.5, Virginia Division, Blue Ridge District and control point Montview, milepost 174.6, Piedmont Division, Lynchburg-Salisbury-Southward District, near Lynchburg, Virginia, consisting of the discontinuance and removal of the switch point protection on the hand-operated switches, and modifications to provide for a restricting aspect for train movements through the OS onto the connecting track at the 4R, 21R, and 25R signals. The reason given for the proposed changes is to reduce maintenance costs without affecting safety. Issued in Washington, D.C. on June 3, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 112X)] Union Pacific Railroad Company--Abandonment Exemption--in Lancaster County, NE On June 6, 1997, the Union Pacific Railroad Company (UP) 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 1.88-mile segment of its Lincoln Branch, extending from milepost 492.88 near 33rd Street to milepost 494.76 near 10th Street in Lincoln, NE. The line traverses U.S. Postal Service Zip Code 68503 in Lancaster County, NE. 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 September 24, 1997). Decided: June 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 111X)] Union Pacific Railroad Company--Abandonment Exemption--in Jefferson County, WI 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 2.0 miles of the Clyman Branch extending from the end of the line at milepost 110.0 to milepost 112.0, near Fort Atkinson, in Jefferson County, WI. The line traverses United States Postal Service Zip Code 53538. UP 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 of 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 July 26, 1997, unless stayed pending reconsideration. 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 June 26, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: June 18, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waivers 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) has received requests for waivers of compliance with certain requirements of its safety standards. The individual petitions are 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. Union Pacific Railroad Company, Southern Pacific Transportation Company, St. Louis Southwestern Railway Company, SPCSL Corp. and The Denver & Rio Grande Western Railroad Company (Waiver Petition Docket Number PB-97-5) The above railroads, hereinafter referred to as the Union Pacific, seek a temporary waiver of compliance with certain sections of 49 CFR Part 232, Railroad Power Brakes and Drawbars, governing two-way end-of- train devices. The Union Pacific is requesting a temporary waiver, not to exceed six months, or until December 30, 1997, of the requirement for all trains to be equipped with two-way end-of-train devices. The Union Pacific ordered two-way-end-of-train devices, including 700 devices from Union Switch and Signal (US&S). The railroad states that due to technical design difficulties with the US&S device, the US&S devices will not be available prior to July 1, 1997. Union Pacific also indicates that it had ordered 200 devices from Pulse for July and August delivery. Union Pacific indicates that it has now ordered four hundred additional devices from Pulse but these devices will not be available until October at the earliest. The Union Pacific states that, realizing the need to give priority to operations in mountain grade territory, it proposes to deploy adequate two-way-end-of-train devices to provide full two-way-end-of-train devices operations west of North Platte, Nebraska; Pueblo, Colorado; and El Paso, Texas. This will ensure that all trains operating in mountain grade territory will be equipped with the two-way end-of-train devices. For trains operating east of these points, where mountain grade is not a factor, the Union Pacific requests a waiver of the requirement to limit trains without two-way end-of-train devices to 30 mph for a period not to exceed six months, or until December 30, 1997. Union Pacific asserts that the waiver will allow time to obtain the additional number of two-way end- of-train devices needed to support the operations while minimizing the negative impact on operations. Canadian National Railways (CN) (Waiver Petition Docket Number PB-97-4) The CN seeks a temporary waiver of compliance from certain sections of 49 CFR Part 232, Railroad Power Brakes and Drawbars, governing two- way end-of-train devices. The CN is requesting a temporary waiver, not to exceed 6 months, or until January 1, 1998, of the requirement that all trains be equipped with two-way end-of-train devices while operating in the United States. The CN ordered 150 rear end equipment in October 1996, and 200 head end equipment in December, 1996. CN states that, due to demand for the two-way end-of-train devices, the manufacturer cannot make delivery until the middle of July; testing of the equipment would delay its deployment until September 1, 1997. The head end equipment is not expected to be received until the end of September 1997, and installation not completed until the end of December 1997. Issued in Washington, D.C. on June 24, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================