DOT REPORT #39 - July, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between July 1 - 15, 1997. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Land Conservancy of Seattle and King County--Abandonment Exemption--in King County, WA South Kansas and Oklahoma Railroad, Inc.--Acquisition Exemption-- Kansas Eastern Railroad, Inc. The Burlington Northern and Santa Fe Railway Company; Trackage Rights Exemption; Union Pacific Railroad Company The Texas Mexican Railway Company; Trackage Rights Exemption; Southern Pacific Transportation Company West Virginia State Rail Authority--Acquisition Exemption--CSX Transportation, Inc. Petition for a Waiver of Compliance CSX Transportation, Inc.; Construction and Operation Exemption; Connection Track at Crestline, OH Southeast Kansas Railroad Company--Abandonment Exemption--in Montgomery, Labette and Cherokee Counties, KS Steuben County Industrial Development Agency--Acquisition Exemption--Line of Bath and Hammondsport Railroad Company ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-508X] Land Conservancy of Seattle and King County--Abandonment Exemption--in King County, WA On June 11, 1997, The Land Conservancy of Seattle and King County (TLC) 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. 10903-05 to abandon a line of railroad known as the Sammamish or Issaquah Branch, extending from milepost 7.30 near Redmond to the end of the line at milepost 19.75 in Issaquah, which traverses U.S. Postal Service ZIP Codes 98027, 98029, 98052 and 98053, a distance of 12.45 miles, in King County, WA. TLC has indicated that there are no stations on the line. TLC seeks exemptions from the offer of financial assistance (OFA) requirements of 49 U.S.C. 10904 and the public use requirements of 49 U.S.C. 10905. Exemptions from 49 U.S.C. 10904-05 have been granted from time to time, but only when the right-of-way is needed for a valid public purpose and there is no overriding public need for continued rail service. TLC states that the line contains approximately 1 mile of federally granted right-of-way. Any documentation in TLC's possession will be made available promptly to those requesting it. In this proceeding, TLC is proposing to abandon a line that constitutes its entire rail system. In issuing abandonment authority for a railroad line that constitutes the carrier's entire system, the Board does not impose labor protection, except in specifically enumerated circumstances. Therefore, if the Board grants the petition for exemption, in the absence of a showing that one or more of the exceptions are present, under Board policy no labor protective conditions would be imposed. 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 by September 29, 1997. TLC submits, as Exhibit A to its petition, a trail use request executed by King County Department of Parks and Recreation (King County Parks). Decided: June 23, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33419] South Kansas and Oklahoma Railroad, Inc.--Acquisition Exemption-- Kansas Eastern Railroad, Inc. South Kansas and Oklahoma Railroad, Inc., a Class III rail common carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire and operate 94.8 miles of rail line from the Kansas Eastern Railroad, Inc. between milepost 343.7, at Columbus, KS, and milepost 438.5, at Severy, KS. The transaction was expected to be consummated on or shortly after June 27, 1997. Decided: July 1, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33416] The Burlington Northern and Santa Fe Railway Company; Trackage Rights Exemption; Union Pacific Railroad Company Union Pacific Railroad Company (UP) has agreed to grant overhead trackage rights to The Burlington Northern and Santa Fe Railway Company (BNSF) over trackage located between a point in Houston, TX, near UP's milepost 377.98 (Gulf Coast Jct.), and a point in Beaumont, TX, near UP's milepost 458.69, a distance of approximately 80.7 miles. The transaction is expected to be consummated on June 26, 1997, the effective date of the exemption. The purpose of the trackage rights is to improve UP's and BNSF's operating efficiencies. Decided: June 27, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33418] The Texas Mexican Railway Company; Trackage Rights Exemption; Southern Pacific Transportation Company Southern Pacific Transportation Company (SP) has agreed to grant bridge trackage rights to The Texas Mexican Railway Company over trackage located between a point in Houston, TX, at or near SP's milepost 360.42, and a point in Beaumont, TX, at or near SP's milepost 282.4, a distance of approximately 78.02 miles. The transaction is expected to be consummated on June 26, 1997, the effective date of the exemption. The purpose of the trackage rights is to enable SP to implement directional operations between Houston and Beaumont. Decided: June 27, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33421] West Virginia State Rail Authority--Acquisition Exemption--CSX Transportation, Inc. West Virginia State Rail Authority, a Class III rail common carrier, for and on behalf of the State of West Virginia, has filed a notice of exemption under 49 CFR 1150.41 to acquire 29.59 miles of rail line from CSX Transportation, Inc. (CSXT) from milepost BUI-0.0, at Tygart Junction, to milepost BUI-28.4, at Elkins (known as the Belington Subdivision), and from milepost BUM-0.0, at Huttonsville Junction, to milepost BUM-1.19, at Elkins Junction, in Barbour and Randolph Counties, WV. CSXT will continue to be the operator of the property. The transaction is expected to be consummated on or about July 4, 1997. Decided: July 2, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for a Waiver of Compliance In accordance with Title 49 Code of Federal Regulations (49 CFR) Secs. 211.9 and 211.41, notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance with certain requirements of Federal railroad safety regulations. 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. Nevada Northern Railway Museum (NNRX) [FRA Waiver Petition Docket No. RSEQ-95-1] The NNRX seeks a waiver of compliance with 49 CFR, Part 240, ``Qualifications for Locomotive Engineers.'' NNRX is a seasonal tourist operation with both steam and diesel train excursions. The normal operating season is from Memorial Day through Labor Day on weekends only. The NNRX operates a program called ``Student Engineer-Locomotive Rental Program'' which, according to the railroad, has generated much of the income necessary to keep the museum operating and its continuation is imperative to the future of the museum. In addition, the program ``provides an opportunity for an individual to learn the aspects and responsibilities of a locomotive engineer as well as the history of the Nevada Northern Railway.'' The NNRX program's total rental period, including testing, preparation and cab time will not exceed two hours. It is proposed that movement will be locomotive only and under the direct supervision of a certified locomotive engineer and fireman. A written examination and adequate clothing will be required. Furthermore, each student must be in reasonably good health and have good eyesight. Issued in Washington, D.C. on July 2, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33388 (Sub-No. 1)] CSX Transportation, Inc.; Construction and Operation Exemption; Connection Track at Crestline, OH CSX Transportation, Inc. (CSXT) and Consolidated Rail Corporation (CRC) have filed a notice of exemption under 49 CFR 1150.36 to construct a connection track between two CRC main lines in the NW Quadrant. The connection will extend approximately 1,507 feet between approximately milepost 75.4 on CRC's North-South main line between Greenwich, OH, and Indianapolis, IN, and approximately milepost 188.8 on CRC's East-West main line between Pittsburgh and Ft. Wayne, IN. This proceeding is related to STB Finance Docket No. 33388, CSX Corporation and CSX Transportation, Inc., Norfolk Southern Corporation and Norfolk Southern Railway Company--Control and Operating Leases/Agreements--Conrail, Inc. and Consolidated Rail Corporation (CSX/NS/CR). In CSX/NS/CR, Decision No. 9, served June 12, 1997, the Board granted the applicants' Petition for Waiver, allowing CSXT and CRC to seek approval for construction of four ``first day'' connections, including this proposed connection at Crestline, OH, prior to Board approval of the Primary Control Application. CSXT filed a notice of exemption to construct and operate a connection track in Crestline, as a related filing in Volume 5 of the primary application filed on June 23, 1997, in the CSX/NS/CR proceeding. CSXT and CRC concurrently filed a slightly modified version of the notice of exemption for construction of a connection track in Crestline (CSX- 5). The Board will consider both filings in tandem. As the Board stated in CSX/NS/CR, Decision No. 9: * * * in reviewing these projects separately, we will consider the regulatory and environmental aspects of these proposed constructions and applicants' proposed operations over these lines together in the context of whether to approve each individual physical construction project. The operational implications of the merger as a whole, including operations over the * * * construction projects, will be examined in the context of the [Environmental Impact Statement] EIS that we are preparing for the overall merger. * * * No rail operations can begin over these (four CSX connections) until completion of the EIS process and issuance of a further decision. Construction is scheduled to begin on or about 90 days after the filing date of this notice, but not before the effective date of the exemption. Should the Board determine that the Crestline construction project could potentially cause, or contribute to, significant environmental impacts, then the project will be incorporated into the EIS for the proposed control transaction in STB Finance Docket No. 33388. The Board's consideration of this construction project does not, and will not, in any way, constitute approval of, or even indicate any consideration on our part respecting approval of, the primary application in STB Finance Docket No. 33388. This exemption will be effective on September 19, 1997, unless stayed. Decided: July 3, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-470 (Sub-No. 1X)] Southeast Kansas Railroad Company--Abandonment Exemption--in Montgomery, Labette and Cherokee Counties, KS On June 24, 1997, Southeast Kansas Railroad Company (SEK) 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 to abandon a line of railroad extending from milepost 421.0 near Coffeyville, KS, to milepost 387.0 near Faulkner, KS, a distance of 34 miles in Montgomery, Labette and Cherokee Counties, KS. The line traverses U.S. Postal Service Zip Codes 67336, 67332, 67342, and 67337. 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 October 10, 1997. Decided: July 9, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 32963] Steuben County Industrial Development Agency--Acquisition Exemption--Line of Bath and Hammondsport Railroad Company ACTION: Notice of exemption. SUMMARY: The Board, under 49 U.S.C. 10502, exempts from the prior approval requirements of 49 U.S.C. 10902, the acquisition by Steuben County Industrial Development Agency of 7.83 miles of rail line belonging to Bath and Hammondsport Railroad Company, between milepost 0.85 at Bath, NY, and milepost 8.68 at Hammondsport, NY. DATES: This exemption will be effective on August 14, 1997. Decided: July 1, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================