DOT REPORT #46 - October, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between October 16 - 31, 1997. Includes Surface Transportation Board abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Marksman Corporation; Lease and Operation Exemption; J.K. Line, Inc. The Toledo, Peoria and Western Railroad Corporation; Continuance in Control Exemption; Marksman Corporation Toledo, Peoria & Western Railway Corporation; Lease and Operation Exemption; A & R Line, Inc. Pittsburg & Shawmut Railroad, Inc.; Abandonment Exemption; in Jefferson and Clarion Counties, PA Track Tech, Inc.--Abandonment Exemption--in Potter County, TX Track Tech, Inc.; Abandonment Exemption; in Franklin and Webster Counties, NE Track Tech, Inc.; Abandonment Exemption; in Whiteside County, IL Ashland Railway, Inc.--Acquisition and Operation Exemption--CSX Transportation, Inc. Georgia Northeastern Railroad Company, Inc.--Lease and Operation Exemption--Georgia Department of Transportation Iowa Northern Railway Company--Acquisition and Operation Exemption--Union Pacific Railroad Company Lake State Railway Company--Abandonment Exemption--in Alpena County, MI Union Pacific Railroad Company--Abandonment Exemption--in Washburn County, WI Temporary Cessation of Sounding of Locomotive Horn Norfolk and Western Railway Company--Trackage Rights Exemption-- Union Pacific Railroad Company Charles Barenfanger--Continuance in Control Exemption--Effingham Railroad Company Effingham Railroad Company--Operation Exemption--Line Owned by Agracel Corporation Fun Trains, Inc.--Operation Exemption--Lines of CSX Transportation, Inc. and the Florida Department of Transportation St. Lawrence & Atlantic Railroad Co.--Acquisition and Operation Exemption--New Hampshire & Vermont Railroad Co. St. Lawrence & Atlantic Railroad Co.--Lease and Operation Exemption--Berlin Mills Railway, Inc. CSX Transportation, Inc.--Abandonment Exemption--in Harlan County, KY Iowa Interstate Railroad, Ltd.; Trackage Rights Exemption; The Burlington Northern and Santa Fe Railway Company Red River Valley & Western Railroad Company--Abandonment Exemption--in Benson County, ND Adventure Trail d/b/a Sea Lion Railroad--Acquisition and Operation Exemption--The Burlington Northern and Santa Fe Railway Company C & NC, L.L.C.--Acquisition Exemption--Indiana Hi Rail Corporation C&NC Railroad Corporation--Lease and Operation Exemption--Lines of the Norfolk and Western Railway Company and Indiana Hi Rail Corporation Delphos Terminal Company, Inc.--Acquisition and Operation Exemption--Indiana Hi-Rail Corporation Fulton County, L.L.C.--Acquisition and Operation Exemption-- Norfolk and Western Railway Company Maumee & Western, L.L.C.--Acquisition and Operation Exemption-- Norfolk and Western Railway Company State of Oklahoma by and Through the Oklahoma Department of Transportation and Blackwell Industrial Authority--Acquisition Exemption--Central Kansas Railway, L.L.C. South Kansas and Oklahoma Railroad, Inc.--Operation Exemption-- Oklahoma Department of Transportation and Blackwell Industrial Authority Wabash Central, L.L.C.--Acquisition and Operation Exemption-- Norfolk and Western Railway Company ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33481] Marksman Corporation; Lease and Operation Exemption; J.K. Line, Inc. Marksman Corporation (Marksman), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from J.K. Line, Inc., and to operate 17 miles of rail line in the State of Indiana from milepost 183, near Monterey, to milepost 199, near North Judson. This transaction is related to the notice of exemption filed in STB Finance Docket No. 33483, for The Toledo, Peoria and Western Railroad Corporation to continue in control of Marksman (once it becomes a carrier through consummation of the transaction in STB Finance Docket No. 33481), in addition to its indirect control of Toledo, Peoria & Western Railway Corporation (TPW Railway). (Marksman owns 100% of the stock of TPW Railway). Because the exemption in STB Finance Docket No. 33483 is not scheduled to become effective until October 14, 1997, the earliest the transaction in STB Finance Docket No. 33481 can be consummated is October 14, 1997. Decided: October 8, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33483] The Toledo, Peoria and Western Railroad Corporation; Continuance in Control Exemption; Marksman Corporation The Toledo, Peoria and Western Railroad Corporation (TPW Railroad) has filed a notice of exemption to continue in control of the Marksman Corporation (Marksman), upon Marksman's becoming a Class III railroad. The earliest the transaction can be consummated is October 14, 1997, the effective date of the exemption (7 days after the exemption was filed). Applicant indirectly controls one existing Class III railroad subsidiary: Toledo, Peoria & Western Railway Corporation (TPW Railway), (Marksman owns 100% of the stock of TPW Railway) operating in the States of Indiana, Illinois and Iowa. Applicant states that: (i) The rail lines to be operated by Marksman 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 Marksman's lines with any railroad 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: October 8, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33482] Toledo, Peoria & Western Railway Corporation; Lease and Operation Exemption; A & R Line, Inc. Toledo, Peoria & Western Railway Corporation, a Class III rail common carrier, has filed a notice of exemption under 49 CFR 1150.41 to lease from A & R Line, Inc. and operate 27 miles of rail line in the State of Indiana from milepost 0.0, near Winimac, to milepost 74.5, near Logansport. The earliest the transaction could be consummated was October 7, 1997, the effective date of the exemption (7 days after the exemption was filed). Decided: October 8, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-487 (Sub-No. 3X)] Pittsburg & Shawmut Railroad, Inc.; Abandonment Exemption; in Jefferson and Clarion Counties, PA On September 26, 1997, Pittsburg & Shawmut Railroad, Inc. (PSRR), 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 its line of railroad known as the Piney Branch, extending from milepost 0.00 (milepost 40.60 on the main line of the Laurel Subdivision), located at or near Coder to milepost 23.80 located at or near Piney, a distance of 23.80 miles, in Jefferson and Clarion Counties, PA. The line traverses U.S. Postal Service Zip Codes 15825, 15829, 15864, 16234 and 16258, and includes the stations of Sutton, milepost 9; and Piney Mine, milepost 21. 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 January 14, 1998. Decided: October 8, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-493 (Sub-No. 5X)] Track Tech, Inc.--Abandonment Exemption--in Potter County, TX On September 24, 1997, Track Tech, Inc. 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 located generally between Amarillo, TX (milepost 761.80) and Bushland, TX (milepost 775.70), a distance of 13.90 miles in Potter County, TX. The line traverses U.S. Postal Service ZIP Code 79012. 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 January 12, 1998. Petitioner acquired this line and 5 others from Burlington Northern Railroad Company in November 1996. Petitioner is also seeking to abandon, or will seek to abandon, the other lines via exemption in STB Docket No. AB-493 (Sub-Nos. 1X, 2X, 3X, 4X, and 6X). Decided: October 9, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-493 (Sub-No. 2X)] Track Tech, Inc.; Abandonment Exemption; in Franklin and Webster Counties, NE On September 24, 1997, Track Tech, Inc. 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 located generally between Bladen, NE (milepost 96.30) and Hildreth, NE (milepost 119.34), a distance of 23.04 miles in Franklin and Webster Counties, NE. The line traverses U.S. Postal Service ZIP Codes 68928 and 68947. 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 January 12, 1998. Petitioner acquired this line and 5 others from Burlington Northern Railroad Company in November 1996. Petitioner is also seeking to abandon, or will seek to abandon, the other lines via exemption in STB Docket No. AB-493 (Sub-Nos. 1X, 3X, 4X, 5X, and 6X). Decided: October 9, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-493 (Sub-No. 1X)] Track Tech, Inc.; Abandonment Exemption; in Whiteside County, IL On September 24, 1997, Track Tech, Inc. 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 located generally between Denrock, IL (milepost 25.15), and Lyndon, IL (milepost 28.35), a distance of 3.20 miles in Whiteside County, IL. The line traverses U.S. Postal Service ZIP Code 61261. 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 January 12, 1998. Petitioner acquired this line and 5 others from Burlington Northern Railroad Company in November 1996. Petitioner is also seeking to abandon, or will seek to abandon, the other lines via exemption in STB Docket No. AB-493 (Sub-Nos. 2X, 3X, 4X, 5X, and 6X). Decided: October 9, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33464] Ashland Railway, Inc.--Acquisition and Operation Exemption--CSX Transportation, Inc. Ashland Railway, Inc., a Class III rail common carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire and operate 25.85 route miles of rail line owned by the CSX Transportation, Inc. The track to be purchased, known as the Willard to Mansfield Line, extends from Mansfield, OH, milepost 61.07, to Willard,OH, milepost 86.92. The transaction is expected to be consummated after the October 1, 1997 effective date of the exemption. Decided: October 8, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33489] Georgia Northeastern Railroad Company, Inc.--Lease and Operation Exemption--Georgia Department of Transportation Georgia Northeastern Railroad Company, Inc., a Class III rail common carrier, has filed a notice of exemption under 49 CFR 1150.41 to lease from the Georgia Department of Transportation and operate three rail lines in the State of Georgia as follows: (i) From Valuation Station 20975+35 (milepost 382.47), at McCaysville, to Valuation Station 21726+83 (milepost 396.7), at Blue Ridge, a distance of 14.23 miles in Fannin County; (ii) from Valuation Station 21726+83 (milepost 396.7), at Blue Ridge, to Valuation Station 22154+46 (milepost 404.8), at White Path, a distance of 8.1 miles in Fannin and Gilmer Counties; and (iii) from Valuation Station 21556+55 (milepost 393.47) on the north leg of the wye including the south leg of the wye, at Murphy Junction, to Valuation Station 21706+72 (milepost 396.32), in Mineral Bluff, a distance of 2.85 miles in Fannin County. The transaction is expected to be consummated on or after the effective date of the exemption. Because the notice of exemption was filed on October 3, 1997, the transaction can be consummated no sooner than October 10, 1997. Decided: October 8, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33487] Iowa Northern Railway Company--Acquisition and Operation Exemption--Union Pacific Railroad Company Iowa Northern Railway Company (IANR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate an 8,692-foot portion of rail line, known as the Bristow Subdivision, owned by Union Pacific Railroad Company (UP), between the crossing of the UP and IANR lines at MP 288.8 and the end of the Bristow Subdivision at approximately MP 287.4 (end of track) to the east of that crossing in Clarksville, IA. The transaction was expected to be consummated as soon as practicable after October 9, 1997, the effective date of the exemption. IANR states that, although the official UP milepost designations suggest a track length of 1.4 miles, IANR personnel have measured the track length as 8,692 feet, or approximately 1.6 miles. Decided: October 9, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-534 (Sub-No. 1X)] Lake State Railway Company--Abandonment Exemption--in Alpena County, MI Lake State Railway Company (Lake State) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon its 8-mile line of railroad between milepost 0.0 near Alpena, and milepost 8.0 near Hillman, in Alpena County, MI. The line traverses United States Postal Service Zip Code 49707. Lake State has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there has been no overhead traffic moving over the line during this time; (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 November 16, 1997, unless stayed pending reconsideration. Pursuant to the provisions of 49 CFR 1152.29(e)(2), Lake State 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 Lake State's filing of a notice of consummation by October 17, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: October 9, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 114X)] Union Pacific Railroad Company--Abandonment Exemption--in Washburn County, WI On September 30, 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 to abandon a line of railroad known as the Hayward Industrial Lead, extending from milepost 83.32 near Trego to milepost 96.0 near Hayward Junction, in Washburn County, WI, which traverses U.S. Postal Service ZIP Codes 54888 and 54875, a distance of 12.68 miles. The line includes the non-agency stations of Trego at milepost 83.3, Earl at milepost 87.3, and Spring Brook at milepost 91.4. UP states that the Hayward Industrial Lead previously extended from Trego in Washburn County to a location near Hayward in Sawyer County, WI. The segment between Hayward Junction and Hayward was acquired by Wisconsin Central Ltd. in 1997. WCL operates another rail line that connects to the acquired line at Hayward Junction. UP states that the line to be abandoned does not now connect to any UP rail 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 January 16, 1998. Decided: October 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [FRA Docket No. RSGC-7-SPO, Notice No. 1l] RIN 2130-AA Temporary Cessation of Sounding of Locomotive Horn ACTION: Notice of interim final order and request for comments. SUMMARY: FRA is issuing an Interim Final Order in which The Burlington Northern and Santa Fe Railway Company would be ordered to temporarily cease the sounding of locomotive horns at a specific crossing within Spokane County, Washington. As provided by statute, the Secretary of Transportation, in order to promote the quiet of communities affected by rail operations and the development of innovative safety measures at highway-rail crossings, may, in connection with demonstration of proposed new supplementary safety measures, order a railroad to temporarily cease the sounding of locomotive horns at such crossings. SUPPLEMENTARY INFORMATION: Background Section 20153 of Title 49 of the United States Code authorizes DOT (and by delegation of the Secretary of Transportation, FRA) to prescribe regulations requiring that locomotive horns be sounded while each train is approaching and entering upon each public highway-rail grade crossing. The statute also permits the Secretary to exempt from the requirement to sound the locomotive horn any category of rail operations or categories of highway-rail grade crossings for which supplementary safety measures fully compensate for the absence of the warning provided by the horn. Section 20153(e)(1) states that ``In order to promote the quiet of communities affected by rail operations and the development of innovative safety measures at highway-rail grade crossings, the Secretary may, in connection with demonstration of proposed new supplementary safety measures, order railroad carriers operating over one or more crossings to cease temporarily the sounding of locomotive horns at such crossings. Any such measures shall have been subject to testing and evaluation and deemed necessary by the Secretary prior to actual use in lieu of the locomotive horn.'' FRA has been requested by representatives of Spokane County, Washington, the Washington Utilities and Transportation Commission, and the Burlington Northern Santa Fe Railroad Company to order the temporary cessation of sounding of locomotive horns at two crossings in Spokane County in order to demonstrate new and innovative engineering solutions to prevent motorists from entering onto highway-rail grade crossings equipped with fully functioning grade crossing warning devices. The crossings which are the subject of this Order are located at University Road within Spokane County, approximately five miles east of the City of Spokane. Two parallel BNSF tracks, each with a separate set of automatic grade crossing warning devices, cross University Road approximately 100 feet south of State Route 290 (Trent Avenue). In order to institute this demonstration project as soon as possible, FRA is issuing this order on an interim basis. Upon compliance with the provisions contained in the order, BNSF will be required to cease sounding of the locomotive horn at the crossings under the terms of the order. FRA will revise the order, rescind it, or issue a final order without change, depending on information contained in any comments received. Interim Final Order Based on the above, FRA issues the following order: Interim Final Order to Temporarily Cease Sounding of Locomotive Horns I find that: 1. Spokane County, Washington, in conjunction with The Burlington Northern and Santa Fe Railway Company (BNSF) and the Washington Utilities and Transportation Commission, and in consultation with the Federal Railroad Administration (FRA), has instituted a demonstration of new and innovative engineering solutions to prevent motorists from entering the public highway-rail grade crossing at University Road in Spokane County. 2. As part of the demonstration, and preliminary to the temporary cessation of the sounding of locomotive horns at the crossing, Spokane County has tested various configurations of non-mountable median curbs. As configured for the principal phases of the demonstration, these curbs are of different dimensions in height and length than arrangements previously evaluated and provide additional security for rail operations over the two-track highway-rail crossing. Roadway geometry in the area is challenging. The maintainability of curbs, roadways, and highly visible delineators during winter conditions also pose issues of interest for policy development. 3. As an integral part of this demonstration, Spokane County gathered data concerning base line safety risk and the impact on risk of installing these proposed new supplementary safety measures. Data concerning responses to the automated warning system by motor vehicle drivers was gathered by means of video monitoring of driver behavior. FRA has evaluated this and other data and finds pursuant to 49 U.S.C. 20153 that the proposed new supplementary safety measures will fully compensate for the loss of the train horn as a warning device at this crossing. 4. All engineering improvements comprising the demonstration have been tested and evaluated and are deemed necessary in lieu of the locomotive horn. 5. Spokane County officials have expressed a strong interest in establishing a quiet zone at this crossing, which is placed within a segment of railroad exceeding one-half mile in length, making establishment of a quiet zone clearly practicable. 6. Issuance of this order will assist the FRA in gathering information and data useful to development of final rules under 49 U.S.C. Sec. 20153. 7. At the request of Spokane County and the FRA, the BNSF has fully cooperated in the exploration of options for safety improvements at the University Road crossing but considers that the company is not able to unilaterally cease use of the train horn at University Road due to requirements of state law, absent issuance of this order. Accordingly, pursuant to 49 U.S.C. 20153(e)(1), and in order to promote the quiet of Spokane County and to promote the development of innovative safety measures at highway-rail crossings, I hereby order the BNSF, during the term of this order and in accordance with its provisions, to cease sounding of locomotive horns on approach to and at the above highway-rail crossing for a period of four months, beginning October 15, 1977 (or such later date as Spokane County may request), subject to the following conditions: (a) Non-mountable median curbs with delineators as approved by the WUTC, shall remain installed and shall be maintained at the crossing by Spokane County; (b) All highway-rail grade crossing warning devices installed at the crossing are operating properly in accordance with the provisions of 49 CFR part 234. In the event of a warning system malfunction as defined in 49 CFR 234.5, an engineer operating a train through the crossing is not responsible for sounding the locomotive horn until he or she has been informed of the warning system malfunction. (c) Advance warning signs, as approved by the WUTC shall be posted and maintained by Spokane County advising motorists that locomotive horns will not be sounded; (d) Spokane County, through an authorized officer, requests in writing that the sounding of the locomotive horn cease pursuant to the terms of this order and serves such request on the BNSF and the Associate Administrator for Safety, FRA, at least 14 days prior to the date on which cessation is requested; (e) Spokane County, in consultation with the FRA Regional Administrator, Region 8, provides for further data collection to determine the long-term effect on motorist behavior of the new engineering improvements at this highway-rail crossing without use of a train-borne audible warning. Nothing in this order is intended to prohibit an engineer from sounding the locomotive horn to provide a warning to vehicle operators, pedestrians, trespassers or crews on other trains in an emergency situation if, in the engineer's sole judgment, such action is appropriate in order to prevent imminent injury, death or property damage. This order does not require that such warnings be provided nor does it impose a legal duty to sound the locomotive horn in such situations. Nothing in this order excuses compliance with sections 214.339, 234.105, 234.106, and 234.107 of title 49, Code of Federal Regulations, concerning use of the locomotive horn under circumstances therein described. Nothing in this order is intended to prohibit an engineer from sounding the locomotive horn or whistle to provide necessary communication with other trains and train crew members if other means of communication are unavailable. Issued in Washington, D.C. on October 15, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33488] Norfolk and Western Railway Company--Trackage Rights Exemption-- Union Pacific Railroad Company Union Pacific Railroad Company has agreed to grant local and overhead trackage rights to Norfolk and Western Railway Company (NW) over approximately 50.2 miles of rail line located in Illinois as follows: (1) Local access trackage rights over approximately 4.7 miles of line between Monterey Lead milepost 4.4 at Monterey Mine No. 1 (near Carlinville) and Monterey Lead milepost 0.0 at Monterey Junction, and both legs of the wye track and related trackage between milepost 104.5 and milepost 104.8 at Monterey Junction; (2) local access trackage rights over approximately 15.0 miles of line between milepost 104.8 at Monterey Junction, and milepost 119.8 at DeCamp; (3) overhead trackage rights over approximately 15.4 miles of line between milepost 119.8 at DeCamp and milepost 135.2 at Edwardsville; and (4) overhead trackage rights over approximately 15.1 miles of line between milepost 135.2 at Edwardsville and milepost 150.3 at Madison. The transaction is expected to be consummated on or soon after October 15, 1997, the effective date of the exemption. The purpose of the proposed trackage rights is to permit the movement of coal traffic directly between Monterey Mine No. 1 and Madison, IL, and on to Coffeen, IL, entirely via NW; and to eliminate costly delays in handling and interchanges. Decided: October 14, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33480] Charles Barenfanger--Continuance in Control Exemption--Effingham Railroad Company Charles Barenfanger (applicant) has filed a verified notice of exemption to continue in control of Effingham Railroad Company (ERRC), upon its becoming a Class III rail carrier. Although applicant does not indicate an expected consummation date, it is noted that the transaction could not be consummated before October 7, 1997, the effective date of this exemption. Applicant controls one existing Class III railroad, Illinois Western Railroad Company (IWRC), operating in Greenville, IL. Applicant states that: (i) The rail line to be operated by ERRC does not connect with IWRC; (ii) the transaction is not part of a series of anticipated transactions that would connect ERRC with IWRC; 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: October 14, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33468] Effingham Railroad Company--Operation Exemption--Line Owned by Agracel Corporation Effingham Railroad Company (ERRC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate over approximately 206.05 feet of railroad line owned by the Agracel Corporation (Agracel), located in a new industrial park in Effingham, IL. ERRC states that it is a substitute operator for Consolidated Rail Corporation, the previous operator of the line, and that it will operate the line under lease or operating agreement with Agracel after the transaction is completed. In an attachment to the verified notice, the length of the line is stated as approximately 206.8 feet, but all other references in this and related proceedings consistently specify the length as approximately 206.05 feet. The exemption became effective on September 25, 1997, but, because the related notice in the control proceeding was not filed simultaneously, the earliest date the transaction could be lawfully consummated was October 7, 1997. On September 22, 1997, Joseph C. Szabo, on behalf of United Transportation Union-Illinois Legislative Board, filed a petition to stay the operation of the notice of exemption, as well as to reject or revoke the notice. By decision served September 24, 1997, in this matter, the petition for stay was denied. A subsequent decision will be issued by the Board on the request to reject or to revoke the exemption. Decided: October 14, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33472] Fun Trains, Inc.--Operation Exemption--Lines of CSX Transportation, Inc. and the Florida Department of Transportation Fun Trains, Inc. (Fun Trains), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150, Subpart D--Exempt Transactions to operate an excursion rail passenger service pursuant to trackage rights granted by CSX Transportation, Inc. (CSXT) and the Florida Department of Transportation (FDOT) over approximately 241 miles of their lines of railroad between MP 1034 at Hialeah, FL, and MP 793.5 at Poinciana, FL. The transaction was scheduled to be consummated on October 1, 1997. On October 31, 1996, and January 6, 1997, Fun Trains and its corporate parent, First American Railways, Inc. (First American), entered into an agreement with CSXT entitled ``Trackage Rights Agreement'' and an agreement with FDOT entitled ``Operating Agreement'' (collectively, the Agreements). Pursuant to the Agreements, CSXT and FDOT will grant Fun Trains exclusive overhead trackage rights over their rail properties to operate a privately funded excursion passenger train to be known as the ``Florida Fun Train.'' The Agreements are for a 5-year term with an option to renew for another 5-year term, subject to Amtrak's right to operate intercity rail passenger service, the rights of publicly funded government agencies (or their agents) to run passenger service, the rights of others to operate high speed passenger service, and CSXT's right to run freight service over these lines. Amtrak will supply locomotives and crews. First American and Fun Trains will jointly and severally assume the obligations established under the Agreements. Fun Trains will provide a one-way and a round-trip entertainment service between Hollywood and the Poinciana, FL areas, offering deluxe coach accommodations, food and beverage service, and on-board entertainment. No service will be provided to intermediate points in competition with the service presently provided by Amtrak or Tri-County Commuter Rail Authority and no joint ticketing arrangements will be available. Concurrently, Fun Trains filed a Motion to Dismiss for Lack of Jurisdiction, asserting that the proposed service is outside the Board's jurisdiction as a wholly intrastate excursion rail passenger service. The entire Board will address the jurisdictional issue raised by the motion to dismiss in a subsequent decision. Decided: October 16, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33484] St. Lawrence & Atlantic Railroad Co.--Acquisition and Operation Exemption--New Hampshire & Vermont Railroad Co. St. Lawrence & Atlantic Railroad Company (SL&A), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate approximately 1 route mile of rail line owned by New Hampshire & Vermont Railroad Co., in the vicinity of Groveton, in Coos County, NH. The transaction was expected to be consummated soon after October 9, 1997, the effective date of the exemption. Decided: October 16, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33485] St. Lawrence & Atlantic Railroad Co.--Lease and Operation Exemption--Berlin Mills Railway, Inc. St. Lawrence & Atlantic Railroad Company (SL&A), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate rail lines owned by Berlin Mills Railway, Inc., in Coos County, NH, as follows: (1) Approximately 5.5 route miles between milepost 154.6 at Berlin and milepost 149.1 at Gorham; and (2) approximately 0.5 route miles of rail line (which does not have salient milepost designations) in the vicinity of Berlin. The total distance of the rail lines to be leased by SL&A is approximately 6.0 route miles. The transaction was expected to be consummated soon after October 9, 1997, the effective date of the exemption. Decided: October 16, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 553X)] CSX Transportation, Inc.--Abandonment Exemption--in Harlan County, KY CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments to abandon a 2.14-mile portion of its Lick Branch between milepost MP-250.9 and milepost MP-251.18 at Cato, and its Crummies Creek Branch between milepost MQ-251.18 at Cato and milepost MQ-253.04, at Crummies, in Harlan County, KY. The line traverses United States Postal Service Zip Codes 40815 and 40821. CSXT 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 November 23, 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 October 24, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: October 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33473] Iowa Interstate Railroad, Ltd.; Trackage Rights Exemption; The Burlington Northern and Santa Fe Railway Company The Burlington Northern and Santa Fe Railway Company (BNSF) has agreed to grant overhead trackage rights to Iowa Interstate Railroad, Ltd. (IAIS), between the connection of the parties at East Moline, IL, at or near milepost 246.17, and the connection of the parties at Rock Island, IL, at or near milepost 253.51, all within Rock Island County, IL. The total distance of the trackage rights is approximately 7.34 miles. The transaction is be consummated on or soon after October 21, 1997, the effective date of the exemption. The purpose of the proposed trackage rights is for IAIS and BNSF to improve operational and maintenance efficiencies and to combine operations over parallel lines of railroad which BNSF and IAIS have in or near the cities of Rock Island, Moline, and East Moline, IL. Decided: October 20, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-391 (Sub-No. 3X)] Red River Valley & Western Railroad Company--Abandonment Exemption--in Benson County, ND Red River Valley & Western Railroad Company (RRVW) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments to abandon an approximately 11.94-mile line of railroad from approximately milepost 16.56, approximately one mile west of state highway 30, near Maddock to approximately milepost 28.5 near Esmond, in Benson County, ND. The line traverses United States Postal Service Zip Code 58332. RRVW 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 November 28, 1997, unless stayed pending reconsideration. Pursuant to the provisions of 49 CFR 1152.29(e)(2), RRVW 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 RRVW's filing of a notice of consummation by October 29, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: October 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33486] Adventure Trail d/b/a Sea Lion Railroad--Acquisition and Operation Exemption--The Burlington Northern and Santa Fe Railway Company Adventure Trail d/b/a Sea Lion Railroad (SLR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate a total of approximately 2.7 miles of rail line owned by The Burlington Northern and Santa Fe Railway Company, known as the Ballard Branch, from MP 0.09 (1000 feet from clearpoint to mainline) to terminus at MP 2.7 (near Northwest 40th Street) in the Ballard region in the City of Seattle, King County, WA. The transaction was expected to be consummated on October 15, 1997. SLR is a nonprofit corporation located in the State of Washington. SLR states that it intends to apply for a rehabilitation grant from the State of Washington and that it has entered into a contract with an operator, Ballard Terminal Railroad Company, for operational services. Decided: October 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33476] C & NC, L.L.C.--Acquisition Exemption--Indiana Hi Rail Corporation C & NC, L.L.C. (CLLC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire a line of railroad owned and operated by R. Franklin Unger, Trustee of the Indiana Hi Rail Corporation (Hi Rail) from Connersville, IN (milepost 0.0), to Beesons, IN (milepost 5.2), a distance of approximately 5.2 route miles. The line will be operated by C&NC Railroad Corporation under a lease and operating agreement with CLLC, which is the subject of a separate lease and operation exemption in STB Finance Docket No. 33475, C&NC Railroad Corporation--Lease and Operation Exemption--Lines of the Norfolk and Western Railway Company and Indiana Hi Rail Corporation. The transaction was scheduled to be consummated on or after the October 15, 1997 effective date of the exemption. The transaction is related to the Hi Rail Trustee's filing of an Amended Plan of Reorganization with the Board in STB Finance Docket No. 33491 on October 3, 1997. Decided: October 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33475] C&NC Railroad Corporation--Lease and Operation Exemption--Lines of the Norfolk and Western Railway Company and Indiana Hi Rail Corporation C&NC Railroad Corporation (CNUR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease and operate the Connersville Line (Line) in the State of Indiana, consisting of 27.62 miles of rail line. CNUR will lease from the Norfolk and Western Railway Corporation (NW) and operate the 22.42-mile portion of the rail line that is owned by NW: (1) from Beesons, (N&W milepost 4.80), to New Castle, (N&W milepost 25.30--Thornburg Street); and (2) from milepost 0.0 to 1.92, in New Castle, (the New Castle Industrial Track). R. Franklin Unger, Trustee of the Indiana Hi Rail Corporation (Hi Rail) currently leases and operates the NW portion of the Line. The remaining 5.2 miles of the Line, from Beesons, milepost 5.2, to Connersville, milepost 0.0, is owned and operated by Hi Rail and is the subject of a separate acquisition exemption in STB Finance Docket No. 33476, C&NC, L.L.C.--Acquisition Exemption--Indiana Hi Rail Corporation. CNUR has entered into an agreement with C&NC, L.L.C. (CLLC) to lease from CLLC and operate the Beesons to Connersville portion of the Line. CNUR will grant to NW incidental trackage rights over the main and auxiliary tracks of CNUR for non-revenue operations between mileposts CB-25.30 (through C.B. 25.00=R-00) and R-0.80. The transaction was scheduled to be consummated on or after the October 15, 1997 effective date of the exemption. The transaction is related to the Hi Rail Trustee's filing of an Amended Plan of Reorganization with the Board in STB Finance Docket No. 33491 on October 3, 1997. Decided: October 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33496] Delphos Terminal Company, Inc.--Acquisition and Operation Exemption--Indiana Hi-Rail Corporation Delphos Terminal Company, Inc. (DTC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 3.8 miles of rail line owned and operated by R Franklin Unger, Trustee of the Indiana Hi-Rail Corporation (Hi-Rail). The rail line to be acquired is located between approximate milepost 73.7 (Valuation Marker 3891 + 00.9), at or near Delphos, OH, and approximate milepost 77.5 (Valuation Marker 4090 + 00), at or near Landeck, OH, together with the interchange trackage connecting such line and Consolidated Rail Corporation (Conrail), at or near Delphos. DTC indicates that it will contract with another entity, at the time of filing intended to be Conrail, to perform rail services over the line as a contract operator. The transaction was scheduled to be consummated after the October 24, 1997 effective date of the exemption. The transaction is related to the Hi-Rail Trustee's filing of an Amended Plan of Reorganization with the Board in STB Finance Docket No. 33491 on October 3, 1997. Decided: October 22, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33477] Fulton County, L.L.C.--Acquisition and Operation Exemption-- Norfolk and Western Railway Company Fulton County, L.L.C. (FC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from the Norfolk and Western Railway Company and to operate the Rochester Line (Line), consisting of approximately 13 miles of rail line, from Rochester, IN (milepost I.--95.6), to Argos, IN (milepost I.-- 108.6). In addition, FC will acquire incidental overhead trackage rights from milepost I.--108.6 to the Argos Yard, a distance of 1.1 miles. R. Franklin Unger, Trustee of the Indiana Hi Rail Corporation currently leases and operates the Line. The transaction was scheduled to be consummated on or after the October 15, 1997 effective date of the exemption. The transaction is related to the Hi Rail Trustee's filing of an Amended Plan of Reorganization with the Board in STB Finance Docket No. 33491 on October 3, 1997. Decided: October 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33478] Maumee & Western, L.L.C.--Acquisition and Operation Exemption-- Norfolk and Western Railway Company Maumee & Western, L.L.C. (MAW), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from the Norfolk and Western Railway Company (NW) and to operate the Maumee Line (Line), consisting of approximately 51 miles of rail line, from Liberty Center, OH (milepost TN-28.0), to Woodburn, IN (milepost 79.0). In addition, MAW will also grant NW limited incidental local access trackage rights over MAW's line between milepost TN-77.8 and milepost TN-79.0. R. Franklin Unger, Trustee of the Indiana Hi Rail Corporation currently leases and operates the Line. The transaction was scheduled to be consummated on or after the October 15, 1997 effective date of the exemption. The transaction is related to the Hi Rail Trustee's filing of an Amended Plan of Reorganization with the Board in STB Finance Docket No. 33491 on October 3, 1997. Decided: October 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33492] State of Oklahoma by and Through the Oklahoma Department of Transportation and Blackwell Industrial Authority--Acquisition Exemption--Central Kansas Railway, L.L.C. The State of Oklahoma, a noncarrier, by and through the Oklahoma Department of Transportation (ODOT), and Blackwell Industrial Authority (BIA), also a noncarrier, have filed a notice of exemption under 49 CFR 1150.31 to acquire separate segments of approximately 35.3 miles of rail line (lines) from the Central Kansas Railway, L.L.C. ODOT will acquire the segment of the line between milepost 34.3, at Blackwell, OK, and milepost 18.0+ 1712.9 feet, at the Oklahoma/Kansas state line near Hun Newell, KS. BIA will acquire the segments of the line (1) between milepost 35.0+ 1848 feet, west of Blackwell, OK, and milepost 34.3, at Blackwell, OK, and (2) between milepost 18+ 1712.9 feet, at the Oklahoma/Kansas state line near Hun Newell, KS, and milepost 0+ 466.3 feet, at Wellington, KS. South Kansas and Oklahoma Railroad, Inc., a Class III rail carrier, has filed a notice of exemption under 49 CFR 1150.41 in STB Finance Docket No. 33494, South Kansas and Oklahoma Railroad, Inc.--Operation Exemption--Oklahoma Department of Transportation and Blackwell Industrial Authority to operate the lines. The transaction was expected to be consummated on or after October 16, 1997. Decided: October 22, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33494] South Kansas and Oklahoma Railroad, Inc.--Operation Exemption-- Oklahoma Department of Transportation and Blackwell Industrial Authority South Kansas and Oklahoma Railroad, Inc., a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to operate approximately 35.3 miles of rail line owned by the State of Oklahoma by and through the Oklahoma Department of Transportation and Blackwell Industrial Authority (1) between milepost 34.3, at Blackwell, OK, and milepost 18.0+ 1712.9 feet, at the Oklahoma/Kansas state line near Hun Newell, KS, (2) between milepost 35.0+ 1848 feet, west of Blackwell, OK, and milepost 34.3, at Blackwell, OK, and (3) between milepost 18+ 1712.9 feet, at the Oklahoma/Kansas state line near Hun Newell, KS, and milepost 0+ 466.3 feet, at Wellington, KS. The transaction was expected to be consummated on or after October 16, 1997. Decided: October 22, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33479] Wabash Central, L.L.C.--Acquisition and Operation Exemption-- Norfolk and Western Railway Company Wabash Central, L.L.C. (WBCR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from the Norfolk and Western Railway Company (NW) and to operate the Bluffton Line (Line) from (1) milepost T.S. 117.8 to milepost T.S. 123.0, in Craigsville, IN, and (2) from milepost 123.8 in Craigsville, IN, to milepost T.S. 144.2 in Van Buren, IN, a distance of approximately 25.6 route miles. In addition, WBCR will acquire overhead trackage rights to operate over NW's main tracks between milepost T.S. 123.0=C.F. 163.0 and milepost T.S. 123.8=C.F. 162.2, a distance of approximately .8 route miles. R. Franklin Unger, Trustee of the Indiana Hi Rail Corporation currently leases and operates the Line. The transaction was scheduled to be consummated on or after the October 15, 1997 effective date of the exemption. The transaction is related to the Hi Rail Trustee's filing of an Amended Plan of Reorganization with the Board in STB Finance Docket No. 33491 on October 3, 1997. Decided: October 21, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================