DOT REPORT #42 - August, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between August 16 - 31, 1997. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Minnesota Northern Railroad, Inc.--Abandonment Exemption--in Red Lake and Polk Counties, MN Minnesota Northern Railroad, Inc.--Abandonment Exemption--Between Redland Junction and Fertile, in Polk County, MN Warren & Trumbull Railroad Company--Discontinuance of Service Exemption--in Trumbull County, OH and Economic Development II Rail Corporation--Abandonment Exemption--in Trumbull County, OH Consolidated Rail Corporation--Discontinuance Exemption--in Suffolk County, MA K. Earl Durden, Rail Management & Consulting Corporation, and Rail Partners, L.P.; Acquisition of Control Exemption; Pennington Railroad, Inc CSX Transportation, Inc.; Abandonment Exemption; in Fulton County, GA Paducah & Louisville Railway, Inc.--Control Exemption--Paducah & Illinois Railroad Company Southern Pacific Transportation Company--Trackage Rights Exemption--Union Pacific Railroad Company Paducah & Louisville Railway--Trackage Rights Exemption--CSX Transportation, Inc. Boston and Maine Corporation--Abandonment Exemption--in Waterbury, CT Portland Terminal Company--Abandonment Exemption--in Cumberland County, ME Portland Terminal Company--Abandonment Exemption--in Cumberland County, ME Boston and Maine Corporation--Abandonment Exemption--in Rockingham County, NH Wheeling & Lake Erie Railway Company--Abandonment Exemption--in Stark County, OH ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-497 (Sub-No. 1X)] Minnesota Northern Railroad, Inc.--Abandonment Exemption--in Red Lake and Polk Counties, MN On July 29, 1997, Minnesota Northern Railroad, Inc. (MNN), 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 known as the Red Lake Falls-Strata Line, extending from railroad milepost 59.00 near Strata, MN, to railroad milepost 69.14 near Red Lake Falls, MN, which traverses U.S. Postal Service ZIP Code 56750, a distance of 10.14 miles, in Red Lake and Polk Counties, MN. The line includes the station of Red Lake Falls at railroad milepost 69.14. 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 November 14, 1997. Decided: August 7, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-497 (Sub-No. 2X)] Minnesota Northern Railroad, Inc.--Abandonment Exemption--Between Redland Junction and Fertile, in Polk County, MN On July 29, 1997, Minnesota Northern Railroad, Inc. (MNN) 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 known as the Redland Junction-Fertile Line, extending from milepost 65.7 near Redland Junction, MN, to milepost 45.1 near Fertile, MN, which traverses U.S. Postal Service Zip Codes 56540 and 56716, a distance of 20.6 miles in Polk County, MN. The line includes the station of Fertile at milepost 45.1. The line contains one parcel of federally granted rights-of-way. 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 November 14, 1997. Decided: August 8, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-513 (Sub-No. 1X)] and [STB Docket No. AB-530 (Sub- No. 1X)] Warren & Trumbull Railroad Company--Discontinuance of Service Exemption--in Trumbull County, OH and Economic Development II Rail Corporation--Abandonment Exemption--in Trumbull County, OH Warren & Trumbull Railroad Company, Inc. (WTRC) and Economic Development II Rail Corporation (EDRC-II) have filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances for WTRC to discontinue service over and EDRC-II to abandon, a 2.5-mile line of railroad from milepost 89.1 at the DeForest Junction Station to milepost 91.6 at the North Warren Station, in the city of Warren, Trumbull County, OH. The line traverses United States Postal Zip codes 44481, 44482, 44483, 44484 and 44485. The involved line segment was approved for abandonment in CSX Transportation, Inc.--Abandonment--Between Deforest Junction and North Warren in Trumbull County, OH, ICC Docket No. AB-55 (Sub-No. 449) (ICC served Feb. 12, 1993). EDRC-II entered into an agreement providing for WTRC to reactivate and operate the line in 1994. EDRC-II acquired the involved line from Consolidated Rail Corporation in 1996. WTRC and EDRC-II have certified that: (1) no local traffic has moved over the line for at least 2 years; (2) any overhead traffic has been rerouted over other, parallel tracks; (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 September 18, 1997, unless stayed pending reconsideration. Pursuant to the provisions of 49 CFR 1152.29(e)(2), EDRC-II 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 EDRC-II's filing of a notice of consummation by August 19, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: August 13, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1179X)] Consolidated Rail Corporation--Discontinuance Exemption--in Suffolk County, MA On July 31, 1997, Consolidated Rail Corporation (Conrail) 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 discontinue, for a period of approximately 3 years, all rail transportation over a line of railroad known as the Boston Terminal Running Track (also sometimes known as ``Track 61''), lying between the west side of Summer Street at approximately railroad milepost 0.85 and the end of the track at Boston Harbor Pier, a distance of approximately 0.50 mile, traversing U.S. Postal Service ZIP Code 02127, in the City of Boston, Suffolk County, MA. The right-of-way and track on this line are owned and maintained by the Massachusetts Port Authority and operated by Conrail. The Massachusetts Highway Department has requested Conrail to seek authority to discontinue service over the line for a period of approximately 3 years, to facilitate construction of a portion of the Central Artery/Tunnel highway project, including the South Boston Interchange. After the projected completion of this project in July 2000, the line will have been restored to operating condition, and Conrail will be able to resume common carrier rail freight service on the line. Pending issuance of a decision in this matter, Conrail has placed an embargo on the line. Conrail states that it does not believe that this line contains any federally granted rights-of-way. To the extent there may be any documentation in Conrail's possession in this regard, it will be made available promptly to those requesting it. 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 November 18, 1997. Decided: August 13, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33435] K. Earl Durden, Rail Management & Consulting Corporation, and Rail Partners, L.P.; Acquisition of Control Exemption; Pennington Railroad, Inc K. Earl Durden (Durden), Rail Management & Consulting Corporation (RMCC), and Rail Partners, L.P. (Partners) (collectively, applicants), have filed a notice of exemption to acquire control of Pennington Railroad, Inc. (Pennington), a noncarrier. According to applicants, before the closing of the transaction, Pennington's parent company, James River Paper Company, Inc. (JRP) will merge Pennington into the Meridian & Bigbee Railroad Company (Meridian), a Class III rail carrier that is also owned and controlled by JRP. Upon consummation of the transaction, Pennington will remain as the surviving corporation and Pennington will therefore become a Class III rail carrier. Pennington will then merge into M&B Railroad, L.L.C. (MBRR), a noncarrier entity wholly owned and controlled by applicants, and applicants will thereby assume control of Pennington. Applicants state that the transaction was expected to be consummated on or about July 31, 1997. Durden, RMCC, and Partners control 12 Class III rail carriers located in Alabama, Arizona, Arkansas, Florida, Georgia, Kentucky, North Carolina, Tennessee, Texas, and Wisconsin. They are: Atlantic & Western Railway, L.P.; The Bay Line Railroad, L.L.C.; Copper Basin Railway; East Tennessee Railway, L.P.; Galveston Railroad, L.P.; Georgia Central Railway, L.P.; KWT Railway, Inc.; Little Rock & Western Railway, L.P.; Tomahawk Railway, L.P.; Valdosta Railway, L.P.; Western Kentucky Railway, L.L.C.; and Wilmington Terminal Railroad, L.P. These rail carriers are referred to as the RMCC Rail Group. According to applicants, the corporate merger of Meridian into Pennington, followed by the corporate merger of Pennington into MBRR, will result in MBRR's complete assumption of Meridian's railroad operations and corporate obligations. Applicants also state that MBRR, as the corporate successor of Meridian, will conduct Meridian's railroad operations without material change. Applicants state that: (1) The merged MBRR will not connect with any other railroad in the RMCC Rail Group; (2) MBRR's merger with Pennington is not part of a series of anticipated transactions that would connect the railroads of the RMCC Rail Group with each other; and (3) the transaction does not involve a Class I carrier. The transaction therefore is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). The purpose of the transaction is to transfer ownership of, and responsibility for, Pennington from JRP to applicants, thereby enabling JRP to concentrate on its core business operations, without distractions related to its single railroad operation, while allowing applicants to expand their railroad operations into a new part of the country. MBRR will continue to handle freight for customers Meridian previously served, without material changes in the level or quality of transportation service provided. Decided: August 18, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 521X)] CSX Transportation, Inc.; Abandonment Exemption; in Fulton County, GA On August 4, 1997, CSX Transportation, Inc. (CSXT), 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 portion of its line of railroad known as the Atlanta Terminal Subdivision, extending from railroad milepost ANB-864.04 near Wheeler St. to railroad milepost ANB-864.62 at the end of the track at Simpson St., which traverses U.S. Postal Service zip Code 30318, a distance of 0.58 miles, in Fulton 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 November 21, 1997. Decided: August 18, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33362] Paducah & Louisville Railway, Inc.--Control Exemption--Paducah & Illinois Railroad Company ACTION: Notice of exemption. SUMMARY: The Board grants Paducah & Louisville Railway, Inc.'s (P&L) motion to dismiss its petition for exemption to control Paducah & Illinois Railroad Company (P&I) and, on the Board's own motion, exempts P&L from the prior approval requirements of 49 U.S.C. 11323(a)(6) for P&L's joint ownership of a one-third interest in P&I, subject to the labor protection requirements of 49 U.S.C. 11326(b). DATES: The exemption will be effective on September 9, 1997. Decided: August 12, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33444] Southern Pacific Transportation Company--Trackage Rights Exemption--Union Pacific Railroad Company Union Pacific Railroad Company (UP) has agreed to grant overhead trackage rights to Southern Pacific Transportation Company over UP's north-south rail line known as the Fort Worth Subdivision extending between milepost 250.9, near Fort Worth, and milepost 75.5, near Bryan, and over the Austin Subdivision from milepost 93.6 near Valley Junction (a point on the Fort Worth Subdivision) to milepost 89.6, a total distance of 179.4 miles in the State of Texas. The transaction was scheduled to be consummated on or after the August 8, 1997 effective date of the exemption. The purpose of the trackage rights is to facilitate efficient train operations in a one-way directional movement of trains. Decided: August 20, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33441] Paducah & Louisville Railway--Trackage Rights Exemption--CSX Transportation, Inc. CSX Transportation, Inc. (CSXT) has agreed to grant overhead trackage rights to Paducah & Louisville Railway (P&L) between the P&L/ CSXT connection at Madisonville, KY, at or near milepost OOH 275, and the Diamond J Mine located on CSXT's Morganfield Branch, at or near milepost MB 294.1, including access to the Western Kentucky Railroad connection at Providence, KY, at or near milepost MB-291.8, for a total distance of approximately 18.8 miles in Hopkins and Webster Counties, KY. The transaction is scheduled to be consummated on August 25, 1997. The purpose of the trackage rights is to allow P&L to handle movements of coal from the Diamond J Mine and from the Pyro, Kentucky Mine to the BRT Terminal, at Jessup, KY, for blending and for barge movement beyond to the Tennessee Valley Authority water destinations, and to handle empties via the reverse route under contract PAL-C-0764. Decided: August 20, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-32 (Sub-No. 81X)] Boston and Maine Corporation--Abandonment Exemption--in Waterbury, CT The Boston and Maine Corporation (B&M) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon an approximately 0.47-mile line railroad on the Waterbury Industrial Track between milepost 0.52 and milepost 0.99, in Waterbury, CT. The line traverses United States Postal Service Zip Code 06722. B&M has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic has been 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 September 27, 1997, unless stayed pending reconsideration. Pursuant to the provisions of 49 CFR 1152.29(e)(2), B&M 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 B&M's filing of a notice of consummation by August 28, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: August 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-268 (Sub-No. 10X)] Portland Terminal Company--Abandonment Exemption--in Cumberland County, ME The Portland Terminal Company (PT) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon an approximately 2.049-mile line of railroad on the Union Branch between milepost 0.00 and milepost 2.049, in Portland, Cumberland County, ME. The line traverses United States Postal Service Zip Code 04101. PT has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) overhead traffic has been 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 September 27, 1997, unless stayed pending reconsideration. Pursuant to the provisions of 49 CFR 1152.29(e)(2), PT 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 PT's filing of a notice of consummation by August 28, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: August 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-268 (Sub-No. 15X)] Portland Terminal Company--Abandonment Exemption--in Cumberland County, ME The Portland Terminal Company (PT) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon an approximately 1.09-mile line of railroad on the Yard 3 Track between Engineering Station 82+03 and Engineering Station 23+97, in Portland, Cumberland County, ME. The line traverses United States Postal Service Zip Code 04101. PT has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic has been 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 September 27, 1997, unless stayed pending reconsideration. Pursuant to the provisions of 49 CFR 1152.29(e)(2), PT 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 PT's filing of a notice of consummation by August 28, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: August 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-32 (Sub-No. 57X)] Boston and Maine Corporation--Abandonment Exemption--in Rockingham County, NH Boston and Maine Corporation (B&M) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon an approximately 3.30-mile line of railroad on the Hampton Branch between milepost 42.70 and milepost 46.00 in Hampton, Hampton Falls and Seabrook, Rockingham County, NH. The line traverses United States Postal Service Zip Codes 03842, 03844 and 03874. B&M has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic has been 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 September 30, 1997, unless stayed pending reconsideration. Pursuant to the provisions of 49 CFR 1152.29(e)(2), B&M 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 B&M' s filing of a notice of consummation by August 28, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: August 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-227 (Sub-No. 10X)] Wheeling & Lake Erie Railway Company--Abandonment Exemption--in Stark County, OH On August 12, 1997, Wheeling & Lake Erie Railway Company (W&LE) 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 known as the Massillon Branch, extending from milepost 22.05 at Run Junction, near Navarre, OH, to the end of the track at milepost 16.40, near Massillon, OH, which traverses U.S. Postal Service ZIP Codes 44647, 44618, 44662, and 44616, a distance of 5.65 miles, in Stark County, OH. The line includes the station of Massillon at approximately milepost 16. 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 no later than November 28, 1997. W&LE seeks expedited handling of this petition and requests that the exemption be made effective by November 1, 1997, or soon thereafter. In support of its request, W&LE states that the almost $130,000 that is expected from salvage of the track materials on this line is vital to its short-term viability. If the record supports an abandonment, we will attempt to accommodate W&LE's request. Decided: August 20, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================