DOT REPORT #44 - September, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between September 16 - 30, 1997. Includes abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Boston and Maine Corporation--Abandonment Exemption--in Hartford County, CT Paducah & Louisville Railway--Trackage Rights Exemption--CSX Transportation, Inc. Union Pacific Railroad Company--Trackage Rights Exemption-- Illinois & Midland Railroad, Inc. Petitions for Waivers of Compliance Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236 Cargill, Incorporated--Acquisition of Control Exemption--A&R Line, Inc. and J.K. Line, Inc. Paducah & Louisville Railway--Trackage Rights Exemption--Western Kentucky Railway, LLC Brownsville & Rio Grande International Railroad--Lease and Operation Exemption--Union Pacific Railroad Company Delta Southern Railroad Company--Lease and Operation Exemption-- Union Pacific Railroad Company The Burlington Northern and Santa Fe Railway Co.--Trackage Rights Exemption--The Houston Belt & Terminal Railway Co. Union Pacific Railroad Co.--Trackage Rights Exemption--The Houston Belt & Terminal Railway Co. Southern Pacific Transportation Co.--Trackage Rights Exemption-- The Houston Belt & Terminal Railway Co. Rio Valley Railroad, Inc. and Rio Valley Switching Company--Lease and Operation Exemption--Southern Pacific Transportation Company Kansas City Southern Railway Company--Construction and Operation Exemption--Geismar Industrial Area Near Gonzales and Sorrento, Louisiana Norfolk Southern Railway Company--Abandonment Exemption--in Fayette County, AL ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-32 (Sub-No. 80X)] Boston and Maine Corporation--Abandonment Exemption--in Hartford County, CT Boston and Maine Corporation (B&M) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon and discontinue service over the Wethersfield Secondary line between milepost 3.0 in Hartford, CT, and milepost 7.0 in Wethersfield, CT, a distance of approximately 4.0 miles, in Hartford County, CT. The line traverses United States Postal Service Zip Codes 06109 and 06067. 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 October 17, 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 September 17, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: September 10, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33453] Paducah & Louisville Railway--Trackage Rights Exemption--CSX Transportation, Inc. CSX Transportation, Inc. (CSXT) has agreed to extend existing overhead trackage rights to Paducah & Louisville Railway (P&L) from the Providence 1 Mine located on CSXT's Morganfield Branch, at or near milepost MB 288.8, to the Diamond J Mine located at or near milepost MB 291.93, on the Morganfield Branch, an additional distance of 3.1 miles in Hopkins County, KY. The transaction was scheduled to be consummated on September 9, 1997. The purpose of the trackage rights is to allow P&L to handle movements of coal from the Diamond J Mine to the generating facilities of Louisville Gas and Electric Company at Kosmosdale and Louisville, KY, and to handle empties via the reverse route. Decided: September 9, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33454] Union Pacific Railroad Company--Trackage Rights Exemption-- Illinois & Midland Railroad, Inc. Illinois & Midland Railroad, Inc. has agreed to grant overhead trackage rights to Union Pacific Railroad Company (UP) from milepost 75.4, near Barr, IL, to milepost 85.1, near Springfield, IL, a distance of 9.7 miles in Menard and Sangamon Counties, IL. The transaction is scheduled to be consummated on or after September 11, 1997. The purpose of the trackage rights is to facilitate efficient train operations in a continuous route to and from Peoria, IL, after UP has abandoned its rail line between Barr and Girard, IL. UP has filed an abandonment application in 1996 which was related to, and contingent upon the merger with Southern Pacific Rail Corporation. Decided: September 9, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petitions 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) received requests for waivers of compliance with certain requirements of its safety standards. The individual petitions are described below, including the parties seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioners' arguments in favor of relief. The Bay Line Railroad, L.L.C. (Waiver Petition Docket Number PB-97-2) The Bay Line Railroad, L.L.C., seeks a permanent waiver of compliance from certain provisions of the Railroad Power Brakes and Drawbars regulations, 49 CFR part 232, Section 23, concerning the requirements of two-way end-of-train (EOT) devices. Specifically, the Bay Line Railroad seeks relief from requiring two-way EOT devices on any of its road trains. The Bay Line Railroad operates only one road train daily, Sunday through Thursday. There are no trains on Friday or Saturday. The road train makes the scheduled round trip of 162 miles from Panama City, Florida, to Dothan, Alabama, using one train crew within an eight hour tour of duty. The maximum allowable speed for the train is 40 mph. The Bay Line Railroad reports that the average tonnage of the southbound train is 9,000 tons, and the northbound train averages 4,400 tons. The ruling grade on the railroad's main line is 0.833 percent, with the average grade over the entire line of 0.28 percent. The Bay Line Railroad has three one-way EOT's and would continue to use them on all road trains. The Bay Line Railroad states that it has not had a train accident in twenty years and has not had a loss time injury in the Operating Department in over seven years. The Bay Line Railroad also declares that there has not been a runaway train or crimped train line incident in the history of the railroad, and reasons that the type of accident which would require a two-way EOT device to apply the brakes from the rear of the train has never occurred and probably would never occur on the Bay Line Railroad. The Bay Line Railroad believes that reducing its track speed to 30 mph would reduce service to its customers and connecting railroads with no increase in safety. Issued in Washington, DC on September 10, 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 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations (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 49 CFR part 236 as detailed below. Block Signal Application (BS-AP)-No. 3435 Applicant: Union Pacific Railroad Company The Union Pacific Railroad Company seeks approval of the proposed temporary suspension of the signal system, for approximately 90 days, during the track construction project between milepost 114.6 and milepost 115.0 on the Alexandria Subdivision, and between milepost 620.9 and milepost 621.0 on the Beaumont Subdivision, near Livonia, Louisiana, utilizing switch tenders to control switches while the signal system is suspended. The proposal consists of the removal of all power-operated switches and signals at the existing control points and interlocking, removal of the interlocking crossing frog, completion of major track construction, installation of two new control points, and restoration of the signal system to service. The reason given for the proposed changes is to perform major track construction. Issued in Washington, D.C. on September 10, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33458] Cargill, Incorporated--Acquisition of Control Exemption--A&R Line, Inc. and J.K. Line, Inc. Cargill, Incorporated (Cargill), a noncarrier, has filed a notice of exemption to acquire control, through stock purchase, of A&R Line, Inc., and J.K. Line, Inc. (rail lines), Class III railroads, operating in the State of Indiana. The rail lines will be purchased from Daniel R. Frick, the sole shareholder of the rail lines, and are part of a larger transaction involving the purchase of four facilities for the storage and distribution of bulk commodities, fertilizer and agricultural chemicals. The rail lines provide the transportation services to two of the four facilities being purchased by Cargill. The earliest the transaction could be consummated is September 12, 1997, the effective date of the exemption (7 days after the exemption was filed). Applicant indicates that consummation of the transaction will occur within 85 days after July 10, 1997. Cargill states that: (i) The rail lines do not connect; (ii) the transaction is not part of a series of anticipated transactions that would connect these railroads with each other or with any other railroad in their 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. Decided: September 12, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33455] Paducah & Louisville Railway--Trackage Rights Exemption--Western Kentucky Railway, LLC Western Kentucky Railway, LLC (WKR), a Class III rail carrier, has agreed to grant overhead trackage rights to Paducah & Louisville Railway (P&L), a Class II rail carrier, over a segment of track between the CSX Transportation, Inc. (CSXT), and WKR connection at Providence, KY, at or near CSXT milepost 291.8 and WKR milepost 9.4 of the Wheatcroft-Providence section and Pyro Mine, KY, at or near WKR milepost 4 of the Blackford-Clay Section, a distance of approximately 10 miles. The purpose of the trackage rights is to allow P&L to provide a rail service alternative for coal traffic between the Pyro Mine, KY, and BRT Terminal at Jessup, KY. The transaction was scheduled to be consummated on or after the September 11, 1997 effective date of the exemption. Decided: September 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33452] Brownsville & Rio Grande International Railroad--Lease and Operation Exemption--Union Pacific Railroad Company Brownsville & Rio Grande International Railroad, a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease and operate a total of approximately 7.92 miles of rail line (known as the Port Lead) owned by Union Pacific Railroad Company (UPRR) between milepost 0.0 at Brownsville, TX (from the Port Lead connection with UPRR's rail yard in downtown Brownsville) and milepost 7.92 at the Port of Brownsville, TX. The transaction was expected to be consummated on or after September 8, 1997. Decided: September 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33451] Delta Southern Railroad Company--Lease and Operation Exemption-- Union Pacific Railroad Company Delta Southern Railroad (DSR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease and operate a total of approximately 39.42 miles of rail line owned by Union Pacific Railroad Company (UPRR) between milepost 422.32 at Dermott, AR, and milepost 461.74 at Warren, AR. In addition, DSR will acquire approximately 5.56 miles of incidental overhead trackage rights between milepost 415.26 at Dermott and milepost 409.7 at McGehee, AR, over UPRR's main line to facilitate railcar interchange between UPRR and DSR at UPRR's yard tracks at McGehee. The transaction was expected to be consummated on or after September 6, 1997. In addition, DSR will lease from UPRR a railcar repair facility (including storage tracks) and an adjacent office building and parking facility in UPRR's rail yard at McGehee, AR. DSR states that these aspects of the lease agreement are not subject to Board jurisdiction. Decided: September 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33463] The Burlington Northern and Santa Fe Railway Co.--Trackage Rights Exemption--The Houston Belt & Terminal Railway Co. The Houston Belt & Terminal Railway Company (HB&T) has agreed to grant local trackage rights to The Burlington Northern and Santa Fe Railway Company (BNSF) over HB&T's tracks in Houston, TX, as follows: (a) The West Belt main line between Belt Junction, at milepost 7.2, and TN&O Junction, at milepost 11.1; and (b) the East Belt main line between (1) milepost 0.0 and milepost 3.4, and (2) milepost 12.5, at Tower 85, and milepost 14.3, at Double Track Junction, a distance of approximately 9.1 miles. The transaction is scheduled to be consummated on September 17, 1997. The purpose of the local trackage rights is to permit BNSF to provide service to HB&T's shippers and to improve the operating efficiencies of the applicants. Decided: September 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33462] Union Pacific Railroad Co.--Trackage Rights Exemption--The Houston Belt & Terminal Railway Co. The Houston Belt & Terminal Railway Company (HB&T) has agreed to grant local trackage rights to Union Pacific Railroad Company (UP) over HB&T's tracks in Houston, Harris County, TX, as follows: (1) The West Belt Subdivision between milepost 0.00 and connection at milepost 7.2; (2) the East Belt Subdivision between Belt Junction, at milepost 3.4, and GH&H connection, at milepost 12.5; and (3) the Columbia Tap near Pierce Junction, at SP milepost 9.2, to the end of the line. The transaction is scheduled to be consummated on or after October 6, 1997. The purpose of the local trackage rights is to permit UP to provide service directly to shippers on HB&T's tracks and will result in an efficient and economical operation in the City of Houston. Decided: September 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33461] Southern Pacific Transportation Co.--Trackage Rights Exemption-- The Houston Belt & Terminal Railway Co. The Houston Belt & Terminal Railway Company (HB&T) has agreed to grant overhead and local trackage rights to Southern Pacific Transportation Company (SP) over HB&T's tracks in Houston, Harris County, TX. The overhead trackage rights are described as follows: (1) The West Belt Subdivision between milepost 0.0 and milepost 11.1; (2) the East Belt Subdivision between milepost 0.0 and milepost 14.3; and (3) the Columbia Tap from SP milepost 9.2 to the end of the line. The local trackage rights are described as follows: (1) The West Belt Subdivision between 0.00 and connection at milepost 7.2; (2) the East Belt Subdivision between Belt Junction, at milepost 3.4, and GH&H connection, at milepost 12.5; and (3) the Columbia Tap near Pierce Junction, at SP milepost 9.2, to the end of the line. The transaction is scheduled to be consummated on or after October 6, 1997. The purpose of the overhead trackage rights is to permit SP to operate over HB&T's trackage in Houston. The purpose of the local trackage rights is to permit SP to provide service directly to shippers on HB&T's tracks in the City of Houston. Decided: September 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33459] Rio Valley Railroad, Inc. and Rio Valley Switching Company--Lease and Operation Exemption--Southern Pacific Transportation Company Rio Valley Railroad, Inc. (RVRI) and Rio Valley Switching Company (RVSC), Class III rail carriers, have filed a joint verified notice of exemption under 49 CFR 1150.41 for RVRI to lease a total of 12.79 miles of rail lines owned by Southern Pacific Transportation Company, and for RVSC to operate these lines pursuant to an operating agreement with RVRI. The transaction was expected to be consummated on or shortly after September 11, 1997, the effective date of the exemption. The lines involved in the lease and operation are described as follows: (1) A portion of the Brownsville branch at or near Edinburg, TX, between milepost 142.65 at the west leg of the wye track and milepost 145.0, a short distance east of the plant of Inland Paperbox Packaging, a distance of 2.35 miles; and, (2) a portion of the McAllen branch between milepost 141.52 at the end of the Edinburg line at or near Edinburg, TX, and milepost 151.96 at the point of connection of that line with the line of Union Pacific Railroad Company at or near McAllen, TX, a distance of 10.44 miles. Decided: September 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Finance Docket No. 32530] Kansas City Southern Railway Company--Construction and Operation Exemption--Geismar Industrial Area Near Gonzales and Sorrento, Louisiana ACTION: Notice of extension of time for comment period for draft environmental impact statement (EIS). SUMMARY: The Kansas City Southern Railway Company (KCS) applied to the Interstate Commerce Commission (ICC), now the Surface Transportation Board (Board), for authority to construct and operate an 8.62-mile rail line from the Geismar Industrial area to its mainline near Gonzales and Sorrento, in Ascension Parish, Louisiana. On July 16, 1997, the Board's Section of Environmental Analysis (SEA) issued a draft EIS. Consistent with Council on Environmental Quality (CEQ) regulations for implementing the National Environmental Policy Act (NEPA), SEA provided a 45-day comment period for the public review of the draft EIS, with comments due by September 8, 1997. In response to several requests to extend the comment period an additional 60 days, SEA granted a 15-day extension for filing comments to September 23, 1997. The Concerned Citizens of Ascension Parish (CCAP) filed an Appeal of SEA's decision and requested the full 60 days sought in their original request. As stated in the original extension decision, SEA believes that the 45-day comment period specified by CEQ guidelines is sufficient in this case. However, in order to allow every opportunity for public input into the Board's NEPA process in this case, SEA will accept comments to the draft EIS for an additional 14 days past the current due date of September 23, 1997. Comments to the draft EIS will now be due on October 7, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-290 (Sub-No. 190X)] Norfolk Southern Railway Company--Abandonment Exemption--in Fayette County, AL On September 10, 1997, Norfolk Southern Railway Company (NSR) 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 Berry-Belk Line, extending from railroad milepost 862.8 at Berry, AL to railroad milepost 884.9 at or near Belk, (Covin), AL, a distance of 22.1 miles in Fayette County, AL. The line traverses U.S. Postal Service ZIP Code 35545 and includes the stations of Berry (milepost 862.8), Fayette (milepost 878.6), and Covin (Belk) (milepost 884.9). 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 December 29, 1997. Decided: September 24, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================