DOT REPORT #48- November, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between November 16 - 30, 1997. Includes Surface Transportation Board abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Grand Trunk Western Railroad Incorporated; Trackage Rights Exemption; Elgin, Joliet & Eastern Railway Company West Central Ohio Port Authority--Abandonment Exemption--in Clark County, OH; The Indiana and Ohio Central Railroad Company, Inc.-- Discontinuance of Service Exemption--in Clark County, OH CSX Corporation and CSX Transportation, Inc., Norfolk Southern Corporation and Norfolk Southern Railway Company--Control and Operating Leases/Agreements-- Conrail Inc. and Consolidated Rail Corporation; et al. Delaware Transportation Group, Inc.--Acquisition Exemption-- Delaware Valley Railway Company, Inc. John H. Marino--Continuance in Control Exemption--Delaware Transportation Group, Inc., Gettysburg Railway Company, Inc., and Evansville Terminal Company, Inc. Gettysburg Railway Company, Inc.--Lease and Operation Exemption-- Delaware Transportation Group, Inc. RailAmerica, Inc.--Acquisition of Control Exemption--Cape Fear Railways, Inc. Rutland Line, Inc.--Acquisition and Operation Exemption--The Burlington Northern and Santa Fe Railway Company Wisconsin Central Ltd.--Abandonment Exemption--in Marquette and Alger Counties, MI Portland & Western Railroad, Inc.--Acquisition and Operation Exemption--The Burlington Northern and Santa Fe Railway Company CSX Transportation, Inc.--Abandonment Exemption--in Alachua County, FL CSX Transportation, Inc.--Abandonment Exemption--in Jasper County, SC and Chatham County, GA Track Tech, Inc.--Abandonment Exemption--in Eddy County, ND Track Tech, Inc.--Abandonment Exemption--in Ward County, ND Track Tech, Inc.--Abandonment Exemption--in Lubbock County, TX Union Pacific Railroad Company--Abandonment Exemption--in Waukesha County, WI Owensville Terminal Company, Inc.--Abandonment Exemption--in Edwards and White Counties, IL and Gibson and Posey Counties, IN ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33498] Grand Trunk Western Railroad Incorporated; Trackage Rights Exemption; Elgin, Joliet & Eastern Railway Company Elgin, Joliet & Eastern Railway Company (EJ&E) has agreed to grant non-exclusive overhead trackage rights to Grand Trunk Western Railroad Incorporated (GTW) over 60.1 miles of EJ&E's main line track between the EJ&E/GTW connection at Griffith, IN (milepost 36.1 on EJ&E's Eastern Subdivision), and a point 7,500 feet west of the west switch of Eola Yard, at Eola, IL (milepost 24.0 on EJ&E's Western Subdivision). The transaction is scheduled to be consummated on or after November 10, 1997, the effective date of the exemption. The purpose of the trackage rights is to enable GTW to improve service and transit times between Griffith and Eola. Decided: November 10, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket Nos. AB-535X and STB Docket No. AB-536X] West Central Ohio Port Authority--Abandonment Exemption--in Clark County, OH; The Indiana and Ohio Central Railroad Company, Inc.-- Discontinuance of Service Exemption--in Clark County, OH West Central Ohio Port Authority (Westco) and The Indiana and Ohio Central Railroad Company, Inc. (IOCR), have filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances for Westco to abandon and IOCR to discontinue service over a 5.6-mile line of railroad between milepost 123.86 at or near Glen Echo and milepost 129.46 at the north edge of Warder Street in Springfield, Clark County, OH. The line traverses United States Postal Zip Code 45502. Westco acquired the involved line from Consolidated Rail Corporation in 1994. IOCR's lease and operation of the involved line was approved in 1995. Westco and IOCR have 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 December 18, 1997, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), Westco 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 Westco's filing of a notice of consummation by November 18, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: November 12, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33388 (Sub-No. 35) et al.] CSX Corporation and CSX Transportation, Inc., Norfolk Southern Corporation and Norfolk Southern Railway Company--Control and Operating Leases/Agreements-- Conrail Inc. and Consolidated Rail Corporation; et al. ACTION: Decision No. 54; Notice of acceptance of responsive applications and related filing. SUMMARY: The Board is accepting for consideration the responsive applications filed: by New York State Electric and Gas Corporation (NYSEG) in STB Finance Docket No. 33388 (Sub-No. 35); jointly by Elgin, Joliet & Eastern Railway Company, Transtar, Inc., and I & M Rail Link, LLC, in STB Finance Docket No. 33388 (Sub-No. 36); by Livonia, Avon & Lakeville Railroad Corporation (LAL) in STB Finance Docket No. 33388 (Sub-No. 39); by Wisconsin Central Ltd. (WCL) in STB Finance Docket No. 33388 (Sub-No. 59); by Bessemer and Lake Erie Railroad Company (BLE) in STB Finance Docket No. 33388 (Sub-No. 61); by Illinois Central Railroad Company (IC) in STB Finance Docket No. 33388 (Sub-No. 62); by R.J. Corman Railroad Company/Western Ohio Line (RJCW) in STB Finance Docket No. 33388 (Sub-No. 63); jointly by (i) the State of New York, acting by and through its Department of Transportation (NYDOT), and (ii) the New York City Economic Development Corporation (NYCEDC) in STB Finance Docket No. 33388 (Sub-No. 69); jointly by the Belvidere & Delaware River Railway (BDRV) and the Black River & Western Railroad (BRW) in STB Finance Docket No. 33388 (Sub-No. 72); by New England Central Railroad, Inc. (NECR), in STB Finance Docket No. 33388 (Sub-No. 75); by Indiana Southern Railroad, Inc. (ISRR), in STB Finance Docket No. 33388 (Sub-No. 76); by Indiana & Ohio Railway Company (IORY) in STB Finance Docket No. 33388 (Sub-No. 77); by Ann Arbor Acquisition Corporation, d/b/a Ann Arbor Railroad (AA), in STB Finance Docket No. 33388 (Sub-No. 78); by Wheeling & Lake Erie Railway Company (W&LE) in STB Finance Docket No. 33388 (Sub-No. 80); and jointly by Canadian National Railway Company (CN) and Grand Trunk Western Railroad Incorporated (GTW) in STB Finance Docket No. 33388 (Sub-No. 81). The Board is also accepting for consideration the notice of exemption filed by GTW in STB Finance Docket No. 33388 (Sub-No. 83). The responsive applications filed in STB Finance Docket No. 33388 (Sub- Nos. 35, 36, 39, 59, 61, 62, 63, 69, 72, 75, 76, 77, 78, 80, and 81) are responsive to the primary application filed June 23, 1997, in STB Finance Docket No. 33388 by CSX Corporation (CSXC), CSX Transportation, Inc. (CSXT), Norfolk Southern Corporation (NSC), Norfolk Southern Railway Company (NSR), Conrail Inc. (CRR), and Consolidated Rail Corporation (CRC). The notice of exemption filed in STB Finance Docket No. 33388 (Sub-No. 83) is related to the responsive application filed in STB Finance Docket No. 33388 (Sub-No. 81). Elgin, Joliet & Eastern Railway Company and Transtar, Inc. are referred to collectively as EJE. I & M Rail Link, LLC is referred to as IMRL. The responsive application filed jointly by NYDOT and NYCEDC purports to be filed both in STB Finance Docket No. 33388 (Sub-No. 69) (this being the sub-number docket reserved by NYDOT) and in STB Finance Docket No. 33388 (Sub-No. 54) (this being the sub-number docket reserved by NYCEDC). Although there are two responsive applicants there is only one responsive application, and we will treat this single application as if it had been filed in STB Finance Docket No. 33388 (Sub-No. 69) only. CSXC and CSXT, and their wholly owned subsidiaries, are referred to collectively as CSX. NSC and NSR, and their wholly owned subsidiaries, are referred to collectively as NS. CRR and CRC, and their wholly owned subsidiaries, are referred to collectively as Conrail or CR. CSX, NS, and Conrail are referred to collectively as the primary applicants. The responsive applications filed in STB Finance Docket No. 33388 (Sub-Nos. 35, 36, 39, 59, 61, 62, 63, 69, 72, 75, 76, 77, 78, 80, and 81) and the notice of exemption filed in STB Finance Docket No. 33388 (Sub-No. 83) are hereinafter referred to collectively as the ``responsive filings.'' DATES: The effective date of this decision is November 20, 1997. Comments regarding the responsive filings must be filed with the Board by December 15, 1997. Rebuttal in support of these responsive filings must be filed with the Board by January 14, 1998. Briefs (not to exceed 50 pages) must be filed with the Board by February 23, 1998. SUPPLEMENTARY INFORMATION: In the primary application filed with the Board on June 23, 1997, primary applicants CSXC, CSXT, NSC, NSR, CRR, and CRC seek approval and authorization under 49 U.S.C. 11321-25 for: (1) The acquisition by CSX and NS of control of Conrail; and (2) the division of the assets of Conrail by and between CSX and NS. In various related filings also filed June 23, 1997, the primary applicants seek related relief contingent upon approval of the primary application. In Decision No. 12, the Board accepted for consideration the primary application and the various related filings, and directed that responsive applications be filed by October 21, 1997. Responsive Filings: Conditions Requested. In STB Finance Docket No. 33388 (Sub-No. 35), NYSEG seeks: (1) on behalf of NSR, or a third-party carrier suitable to NYSEG, trackage rights over the CRC lines between Buffalo, NY, and NYSEG's Kintigh Station; specifically, from the Niagara Branch MP 19.0 (CP-21) to the Tuscarora Wye, for approximately 4,200 feet, to Lockport Branch MP 69.6 (CP-69) to the connection with Somerset Railroad Corporation at Lockport Branch MP 58.8 (CP-59) (a total distance of approximately 11.2 miles); or (2) on behalf of CSXT, or a third-party carrier suitable to NYSEG, trackage rights over the CRC lines between Buffalo, NY, and NYSEG's Milliken, Goudey, and Greenidge plants; specifically, from Chicago Line MP 1.7 (CP-DRAW) over the Bison Running Track to Southern Tier Line MP 419.8 to Binghamton MP 215.3 including Binghamton Running Track and #4 Yard Track with connections to: Vestal Industrial Track; on Vestal Industrial Track from MP 192.3 to MP 195.4; and connections to Lehigh Secondary at Southern Tier MP 255.2, Lehigh Secondary Track MP 269.5 to 271.6 and connection to Ithaca Secondary; Ithaca Secondary from MP 271.6 to the end of line at Milliken Station MP 321.0; connections to Corning Secondary at Southern Tier Line MP 290.1 and 290.8, Corning Secondary from MP 70.6 (CP-Glass) and MP 70.9 (GP-Gibson/CP-Corning) to MP 0 (CP-335), including sidings, runarounds, and passing tracks (a total distance of approximately 333.4 miles). If exercised by NSR, modification of NSR's trackage rights over CSXT and New York Central Lines LLC (NYC), as shown on pp. 220- 52 and 329-35 of Volume 8B of the primary application, would also be required to eliminate any restrictions contained therein that would prevent transportation to NYSEG's Kintigh Station, including, but not confined to, limitations against interchanging with, or operating over, property of Somerset Railroad Corporation. If exercised by a third-party carrier, these rights would include full access over: The Chicago Line between CP-2 and FW Tower (CP-437) and the Belt Line Branch owned by NYC and operated by CSX between the connection at FW Tower (CP-437), Buffalo, NY, at or near MP 0.0, and the connection with the Niagara Branch (CP-1) at or near MP 7.2, and the Niagara Branch operated by CSX between the connection with the Belt Line Branch, at or near MP 7.5, ``and to'' Tuscarora Wye to CP-69 at MP 69.6 of the Lockport Branch to MP 58.8 (CP-59) and connection track to MP 0.0 of the Somerset Railroad Corporation. This would cover a total distance of approximately 33.2 miles. In STB Finance Docket No. 33388 (Sub-No. 36), EJE and IMRL seek to acquire, and thereafter to divide into two equal parts, CRC's 51% stock ownership of the Indiana Harbor Belt Railroad Company (IHB). In STB Finance Docket No. 33388 (Sub-No. 39), LAL seeks to acquire ownership of or trackage rights on approximately 1.0 route mile of trackage constituting CRC's Genesee Junction yard in Chili, NY. In STB Finance Docket No. 33388 (Sub-No. 59), WCL seeks to acquire from The Baltimore & Ohio Chicago Terminal Railroad Company (B&OCT, a wholly owned CSX subsidiary) a portion of B&OCT's Altenheim Subdivision, including rail line, side track, yard trackage, and associated right-of-way and appurtenances, beginning at a connection between WCL and B&OCT trackage at B&OCT MP 37.4 at Madison Street, Forest Park, IL, and extending to a point of connection with Union Pacific Railroad Company (UPRR) and Conrail's Panhandle Line in the vicinity of Rockwell Street, Chicago, IL. In STB Finance Docket No. 33388 (Sub-No. 61), BLE seeks overhead trackage rights over: (1) CRC's Mon Line between the connection with BLE (Union Railroad Company, a BLE affiliate) at Pittsburgh (Duquesne), PA, and CRC's Shire Oaks Yard in Shire Oaks, PA (a distance of approximately 14 miles); and/or (2) CSXT's line (formerly the Pittsburgh & Lake Erie Railroad Company) between the connection with BLE (Union Railroad Company) at Bessemer (Pittsburgh), PA, and CSXT's Newell Interchange Yard near Brownsville, PA (a distance of approximately 40 miles). The overhead trackage rights sought by BLE would be restricted to the transportation of coal originating at current or future mines on the former Monongahela Railway Company lines and destined to the P&C Dock at Conneaut, OH, for movement beyond. In STB Finance Docket No. 33388 (Sub-No. 62), IC seeks to acquire CSXT's Leewood-Aulon Line in Memphis, TN, which extends between CSXT MP F-371.4 (IC MP 387.9) at Leewood and CSXT MP F-373.4 (IC MP 390.0) at Aulon, a distance of approximately 2 miles. In STB Finance Docket No. 33388 (Sub-No. 63), RJCW seeks to acquire ownership of or trackage rights on Conrail's line of railroad between approximately MP 54.4 and approximately MP 52.1 in Lima, OH. In STB Finance Docket No. 33388 (Sub-No. 69), NYDOT and NYCEDC seek: (1) Full service trackage rights in favor of a rail carrier other than Conrail or CSX, to be designated jointly by NYDOT and NYCEDC, over the lines of Conrail between points of connection with the Delaware & Hudson Railway (D&H) at CP-160 near Schenectady, NY, and Selkirk Yard near Selkirk, NY, on the one hand, and, on the other, CP-75 near Poughkeepsie, NY, together with sufficient rights on tracks within Selkirk Yard to permit the efficient interchange of freight with D&H; (2) full service trackage rights in favor of a rail carrier other than Conrail or CSX, to be designated jointly by NYDOT and NYCEDC, over the lines of Conrail between the point of Conrail ownership at Mott Haven Junction (``MO''), NY, and the point of connection with the lines of the Long Island Railroad near Fresh Pond (``MONT''), NY, via the Harlem River Yard; and (3) to the extent necessary to permit uninterrupted rail freight transportation between CP-160 and/or Selkirk Yard, on the one hand, and, on the other, Fresh Pond, a declaration that, pursuant to 49 U.S.C. 11321(a), Metro-North Commuter Railroad Company, a subsidiary of the Metropolitan Transportation Authority of the State of New York, may grant unrestricted trackage rights over the lines between CP-75 and Mott Haven Junction to a rail carrier other than Conrail or CSX, notwithstanding any provisions of any agreements which purport to limit or prohibit such a grant. In STB Finance Docket No. 33388 (Sub-No. 72), BDRV and BRW seek: (1) Removal of the restriction on certain D&H trackage rights that prevents interchange between D&H and BDRV at Phillipsburg, NJ, and between D&H and BRW at Three Bridges, NJ; (2) a grant of overhead trackage rights to BDRV over lines to be acquired by NS from Phillipsburg, NJ, to Manville, NJ (a distance of 40 miles), or to some other operationally feasible point at which BDRV and CSXT can interchange traffic; (3) a grant of overhead trackage rights to BRW over lines to be acquired by NS from Three Bridges, NJ, to Manville, NJ (a distance of 13 miles), or to some other operationally feasible point at which BRW and CSXT can interchange traffic; and (4) a grant of overhead trackage rights to BDRV and BRW over lines to be acquired by NS between the BDRV-NS connection at Phillipsburg, NJ, and the BRW-NS connection at Three Bridges, NJ (a distance of 29 miles). In STB Finance Docket No. 33388 (Sub-No. 75), NECR seeks ``limited trackage rights'': (1) Between Palmer, MA, and West Springfield, MA, a distance of 18 miles, over the CRC line to be acquired by CSXT; (2) between West Springfield, MA, on the one hand, and, on the other, Albany, Selkirk, and Mechanicville, NY, a distance of 98 miles, over the CRC line to be acquired by CSXT; and (3) between Albany, NY, and the New Jersey/New York Shared Assets Area, a distance of 140 miles, over the CRC line located on the west side of the Hudson River that is to be acquired by CSXT. The ``New Jersey/New York Shared Assets Area'' is apparently the area that applicants refer to as the North Jersey Shared Assets Area. NECR's use of the term ``limited trackage rights'' is intended to include: (a) The right to operate trains over the lines described in the text; and (b) the right to interchange with all carriers, including shortlines, at all junctions on the lines thus described. In STB Finance Docket No. 33388 (Sub-No. 76), ISRR seeks: (1) Overhead trackage rights in Indianapolis, IN, between MP 6.0 on ISRR's Petersburg Subdivision and Indianapolis Power & Light's Perry K facility, over the CRC line to be acquired by CSXT; (2) overhead trackage rights in Indianapolis, IN, between MP 6.0 on ISRR's Petersburg Subdivision and Indianapolis Power & Light's Stout facility located on the line of the Indiana Rail Road Company (INRD), over a segment of the CRC line to be acquired by CSXT and a segment of the INRD line; (3) local trackage rights over CRC's lines in Indianapolis, IN, including the Indianapolis Belt Line, to be acquired by CSXT (ISRR seeks trackage rights over all CRC lines in Indianapolis needed to access the 2-to-1 shippers located in Indianapolis); (4) local trackage rights between Indianapolis and Shelbyville, IN, a distance of 27 miles, over the CRC line to be acquired by CSXT; (5) local trackage rights between Indianapolis and Crawfordsville, IN, a distance of 44 miles, over the CRC line to be acquired by CSXT; and (6) local trackage rights between Indianapolis and Muncie, IN, a distance of 55 miles, over the CRC line to be acquired by CSXT. ISRR's use of the term ``local trackage rights'' is intended to include: (a) The right to operate trains over the lines described in the text; (b) the right to interchange with all carriers, including shortlines, at all junctions on the lines thus described; and (c) the right to serve all shippers, sidings, and team tracks located on the lines thus described. In STB Finance Docket No. 33388 (Sub-No. 77), IORY seeks: (1) Overhead trackage rights over CSXT between East Norwood, OH, and Washington Court House, OH, a distance of 65 miles, with the right to connect at Midland City with IORY's Greenfield branch; (2) local trackage rights between Monroe, OH, and Middletown, OH, a distance of 5 miles, over the CRC line to be acquired by NSR (with the right to connect at Middletown with CSXT and IORY's existing trackage rights through Middletown over the CRC line between Springfield and Cincinnati); (3) local trackage rights between Sidney, OH, and Quincy, OH, a distance of 10 miles, over the CRC line to be acquired by CSXT; (4) local trackage rights between Sharronville, OH, and Columbus, OH, a distance of 125 miles, over the CRC line to be acquired by NSR; (5) local trackage rights between Quincy, OH, and Marion, OH, a distance of 52 miles, over the CRC line to be acquired by CSXT; (6) local trackage rights between Lima, OH, and Fort Wayne, IN, a distance of 59 miles, over the CRC line to be acquired by CSXT; (7) local trackage rights over CRC's Erie track in Lima, OH; and (8) local trackage rights between Quincy, OH, and Marysville, OH, over the CRC line to be acquired by CSXT. IORY's use of the term ``local trackage rights'' is intended to include: (a) The right to operate trains over the lines described in the text; (b) the right to interchange with all carriers, including shortlines, at all junctions on the lines thus described; and (c) the right to serve all shippers, sidings, and team tracks located on the lines thus described. In STB Finance Docket No. 33388 (Sub-No. 78), AA seeks: (1) ``Limited trackage rights'' between Toledo, OH, and Chicago, IL, via Elkhart, IN, a distance of 230 miles, over the CRC line to be acquired by NS; and (2) a condition permitting AA to interchange traffic with CP Rail System at Ann Arbor, MI AA's use of the term ``limited trackage rights'' is intended to include: (a) The right to operate trains over the line described in the text; and (b) the right to interchange with all carriers, including shortlines, at all junctions on the line thus described. In STB Finance Docket No. 33388 (Sub-No. 80), W&LE seeks: (1) Haulage and trackage rights to Chicago, IL, including access to Belt Railway of Chicago and rights for interchange with all carriers, specifically including WCL; (2) haulage and trackage rights from Bellevue, OH, to Toledo, OH, a distance of 54 miles, for an interchange with the Ann Arbor Railroad, Canadian National, and the Indiana & Ohio Railroad (also including access to British Petroleum for movement of coke to Cressup, WV); (3) haulage and trackage rights to Erie, PA, with the right to interchange with other railroads; (4) the right ``to lease to own'' CRC's Randall Secondary from Cleveland, MP 2.5, to Mantua, MP 27.5; (5) the right ``to lease to own'' the Huron Branch (Shinrock to Huron) and Huron dock on Lake Erie; (6) haulage and trackage rights on CSX from Benwood to Brooklyn Junction and its yard facilities for commercial access to PPG and Bayer; (7) access on the Conrail Fort Wayne Line to the National Stone quarry near Bucyrus, via the Spore Industrial Track, a distance of 6.2 miles from CP Colsan, MP 200.5, on the Fort Wayne Line (access to the Fort Wayne line would be from the W&LE at CP Orr, MP 124, and from a point near Fairhope at MP 97.8); (8) trackage rights on the NS Sandusky District from Chatfield, OH, to Colsan, OH (for a junction with the Conrail Fort Wayne Line and access to the Spore Industrial Track); (9) access (apparently via trackage rights) to a stone quarry located on the Northern Ohio Railway at Maple Grove, via a junction on the NS Fostoria District at MP 269.4; (10) access (apparently via trackage rights over, among other lines, the former Conrail Akron Secondary) to the stone terminals in the Macedonia, Twinsburg, and Ravenna areas; (11) access, via haulage and trackage rights, to Wheeling Pittsburgh Steel at Allenport, PA; and (12) access, via haulage and trackage rights on the CSX New Castle Subdivision, to the Ohio Edison Power plant at Niles, OH, and to Erie, PA, for interchange to the Buffalo & Pittsburgh. W&LE also requests that provision be made for an inclusion proceeding in the event that W&LE fails during a post-merger oversight period. These rights would apparently run between Chicago, on the west, and Carey and/or Bellevue, OH, on the east. Various additional W&LE condition requests are scattered throughout the verified statements submitted by W&LE witnesses in the WLE-4 pleading filed October 21, 1997. In STB Finance Docket No. 33388 (Sub-No. 81), CN and GTW seek trackage rights over the Conrail northbound mainline between approximately MP 16.5 and MP 18.0 at Trenton, MI, a distance of approximately 1.5 miles, for the purpose of serving Detroit Edison's Trenton Channel power plant. In STB Finance Docket No. 33388 (Sub-No. 83), GTW has filed a notice of exemption under 49 CFR 1150.36 to construct and operate, at Trenton, MI, a connection between the Conrail northbound mainline and the GTW Shoreline Subdivision. Responsive Filings Accepted Because the responsive applications filed by NYSEG, EJE/IMRL, LAL, WCL, BLE, IC, RJCW, NYDOT/NYCEDC, BDRV/BRW, NECR, ISRR, IORY, AA, W&LE, and CN/GTW, and also the notice of exemption filed by GTW, are in substantial compliance with the applicable regulations, we are accepting for consideration such responsive applications and such notice of exemption. We reserve the right to require the filing of supplemental information from any responsive applicant or any other party or individual, if necessary to complete the record in this matter. Additional Pleadings Treated as Filed in Lead Docket Certain additional pleadings filed on or about October 21, 1997, though not labeled ``responsive applications,'' were filed in various sub-number dockets under the STB Finance Docket No. 33388 lead docket by: Northern Virginia Transportation Commission and Potomac and Rappahannock Transportation Commission (in Sub-No. 37); New Jersey Department of Transportation and New Jersey Transit Corporation (in Sub-No. 38); the Rhode Island Department of Transportation (in Sub-No. 42); Buffalo & Pittsburgh Railroad, Inc., Allegheny & Eastern Railroad, Inc., Rochester & Southern Railroad, Inc., and Pittsburgh & Shawmut Railroad, Inc. (in Sub-Nos. 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, and 56); the Eastern Shore Railroad, Inc. (in Sub-No. 57); Louisville & Indiana Railroad Company (in Sub-No. 64); Housatonic Railroad Company, Inc. (in Sub-No. 70); the Canadian Pacific Railway Company, Delaware and Hudson Railway Company, Inc., Soo Line Railroad Company, and St. Lawrence & Hudson Railway Company Limited (in Sub-No. 85); and the Commonwealth of Massachusetts (in Sub-No. 86). Because these pleadings contain comments on, and/or requests for conditions with respect to, the CSX/NS/CR primary application, they will be docketed in, and they will be treated as having been filed in, the STB Finance Docket No. 33388 lead docket. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered: 1. The responsive applications in STB Finance Docket No. 33388 (Sub-Nos. 35, 36, 39, 59, 61, 62, 63, 69, 72, 75, 76, 77, 78, 80, and 81), and the notice of exemption in STB Finance Docket No. 33388 (Sub- No. 83), are accepted for consideration, and are consolidated for disposition with the primary application in STB Finance Docket No. 33388 (and all embraced proceedings). 2. The parties shall comply with all provisions as stated above. 3. This decision is effective on November 20, 1997. Decided: November 12, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33503] Delaware Transportation Group, Inc.--Acquisition Exemption-- Delaware Valley Railway Company, Inc. Delaware Transportation Group, Inc. (DTGI), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from the Delaware Valley Railway Company, Inc. approximately 23.4 miles of rail line between approximately milepost 31.2, at Gettysburg, PA, and milepost 7.8, at Mt. Holly Springs, PA. The transaction is scheduled to be consummated on or after October 31, 1997. This transaction is related to two simultaneously filed notices of exemption in STB Finance Docket No. 33505, John H. Marino--Continuance in Control Exemption--Delaware Transportation Group, Inc., Gettysburg Railway Company, Inc., and Evansville Terminal Company, Inc., wherein John H. Marino will continue in control of DTGI, upon its becoming a Class III rail carrier and STB Finance Docket No. 33504, Gettysburg Railway Company, Inc.--Lease and Operation Exemption--Delaware Transportation Group, Inc., wherein Gettysburg Railway Company, Inc., will lease and operate the lines being acquired by DTGI. Decided: November 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33505] John H. Marino--Continuance in Control Exemption--Delaware Transportation Group, Inc., Gettysburg Railway Company, Inc., and Evansville Terminal Company, Inc. John H. Marino (Marino) has filed a notice of exemption to continue in control of the Delaware Transportation Group, Inc. (DTGI), the Gettysburg Railway Company, Inc. (GRCI), and the Evansville Terminal Company, Inc. (ETCI). DTGI and GRCI will become Class III rail carriers upon conclusion of the transactions covered by two simultaneously filed notices of exemption in (1) STB Finance Docket No. 33503, Delaware Transportation Group--Acquisition Exemption--Delaware Valley Railway Company, Inc., wherein DTGI seeks to acquire certain rail lines from the Delaware Valley Railway Company, Inc., and (2) STB Finance Docket No. 33504, Gettysburg Railway Company, Inc.,--Lease and Operation Exemption-- Delaware Transportation Group, Inc., wherein GRCI will lease and operate the rail lines being acquired by DTGI in STB Finance Docket No. 33503. ETCI is an existing Class III rail carrier operating in the States of Indiana and Illinois Marino states that he currently possesses an interest in ETCI. The transaction was expected to be consummated on or after October 31, 1997. Marino states that: (i) the rail lines to be controlled do not connect with each other or any other railroads in the corporate family; (ii) the transaction is not part of a series of anticipated transactions that would connect the railroads with each other or any 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. See 49 CFR 1180.2(d)(2). Decided: November 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33504] Gettysburg Railway Company, Inc.--Lease and Operation Exemption-- Delaware Transportation Group, Inc. Gettysburg Railway Company, Inc. (GRCI), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease from Delaware Transportation Group, Inc. (DTGI), and to operate, approximately 23.4 miles of rail line between approximately milepost 31.2, at Gettysburg, PA, and milepost 7.8, at Mt. Holly Springs, PA. The transaction is scheduled to be consummated on or after October 31, 1997. This transaction is related to two simultaneously filed notices of exemption in STB Finance Docket No. 33505, John H. Marino--Continuance in Control Exemption--Delaware Transportation Group, Inc., Gettysburg Railway Company, Inc., and Evansville Terminal Company, Inc., wherein John H. Marino will continue in control of GRCI, upon its becoming a Class III rail carrier, and STB Finance Docket No. 33503, Delaware Transportation Group, Inc.--Acquisition Exemption--Delaware Valley Railway Company, Inc., wherein DTGI will acquire the lines to be operated by GRCI. Decided: November 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33493] RailAmerica, Inc.--Acquisition of Control Exemption--Cape Fear Railways, Inc. RailAmerica, Inc. (RailAmerica), a noncarrier, has filed a notice of exemption to acquire, through stock purchase, the Cape Fear Railways, Inc. (CF), a Class III railroad, operating in the State of North Carolina. RailAmerica will purchase the stock of CF from Seaboard Corporation. The transaction was expected to be consummated on or after October 17, 1997. RailAmerica directly controls 11 common carrier Class III railroads operating in 7 states: the Cascade and Columbia River Railroad Company; the Delaware Valley Railway Company, Inc.; the St. Croix Valley Railroad Company; the Gettysburg Railway; the Huron & Eastern Railway Company, Inc.; the Minnesota Northern Railroad, Inc.; the Otter Tail Valley Railroad Company; the Saginaw Valley Railway Company, Inc; the West Texas & Lubbock Railroad Company, Inc.; the Dakota Rail, Inc.; and the South Central Tennessee Railroad Company. RailAmerica states that: (i) The rail lines to be operated by CF 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 CF 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: November 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33500] Rutland Line, Inc.--Acquisition and Operation Exemption--The Burlington Northern and Santa Fe Railway Company Rutland Line, Inc. (RLI), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire approximately 23 miles of rail line from The Burlington Northern and Santa Fe Railway Company (BNSF) from milepost 42.67, at Geneseo Junction, ND, to milepost 65.60, at the North Dakota/South Dakota border (subject line). RLI will also acquire BNSF's interest in certain spur trackage and real estate at Hankinson and Lidgerwood, ND. In addition, RLI will obtain incidental operating rights to operate overhead rail freight services on BNSF's lines from milepost 212.32, at Breckenridge, MN, to milepost 195.6, at Aberdeen Line Junction, MN, and from milepost 0.00, at Aberdeen Line Junction, to milepost 0.60, at BN Junction, MN. Further, BNSF will also assign to RLI its operating rights under a July 5, 1955 agreement from BNSF milepost 0.60, at BN Junction, to CPRS (This abbreviation refers to joint BNSF/Soo Line Railroad Company track.) milepost 205.6, at Hankinson, and its operating rights under a September 18, 1959 agreement from CPRS milepost 205.6, at Hankinson, to BNSF milepost 42.67, at Geneseo Junction. RLI will enter into an agency agreement with Red River Valley & Western Railroad (RRVW) whereby RRVW will perform operations in RLI's name and for RLI's account on the subject line. However, RLI will retain the obligation to provide common carrier service on the subject line. The transaction was scheduled to be consummated on or after October 30, 1997. Because the exemption was filed on October 24, 1997, the transaction could not have been consummated sooner than October 31, 1997. This transaction is related to STB Finance Docket No. 33501, Douglas M. Head, Kent P. Shoemaker and Charles H. Clay--Continuance in Control Exemption--Rutland Line, Inc., wherein the named individuals have concurrently filed a petition for exemption to continue in control of RTI, upon its becoming a Class III rail carrier. Decided: November 14, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-303 (Sub-No. 17X)] Wisconsin Central Ltd.--Abandonment Exemption--in Marquette and Alger Counties, MI Wisconsin Central Ltd. (WCL) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments abandon approximately 37.3- mile line of railroad on the Marquette-Munising Line, between milepost 154, at a point east of Marquette, and milepost 116.7 in Munising Junction, in Marquette and Alger Counties, MI. The line traverses United States Postal Service Zip Codes 49806, 49822, 49855 and 49862. WCL has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted; (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 December 21, 1997, unless stayed pending reconsideration. WCL has stated that it will not consummate the proposed abandonment until the pending petition to revoke in Sault Ste. Marie Bridge Company--Acquisition and Operation Exemption--Lines of Union Pacific Railroad Company, STB Finance Docket No. 33290, has been resolved, but that in no event will it consummate the abandonment before January 5, 1998. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), WCL 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 WCL's filing of a notice of consummation by November 21, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: November 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33502] Portland & Western Railroad, Inc.--Acquisition and Operation Exemption--The Burlington Northern and Santa Fe Railway Company Portland & Western Railroad, Inc. (PNWR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and, to the extent it does not already have such authority, to operate 62.74 miles of rail lines owned by The Burlington Northern and Santa Fe Railway Company in the State of Oregon, described as follows: (1) Between (a) BN milepost 16.87 near Bowers Junction and BN milepost 18.83 near Bendemeer, (b) BN milepost 18.83 to BN milepost 21.26, and (c) BN milepost 21.50 to BN milepost 22.00 at or near Orenco, a distance of approximately 4.89 miles; (2) between BN milepost 17.07 at Bowers Junction and BN milepost 27.84 near Banks, a distance of approximately 10.77 miles; (3) between BN milepost 4.68 near Hillsboro and BN milepost 10.28 near Forest Grove, a distance of approximately 5.60 miles; (4) between BN milepost 25.52 near St. Marys Junction and BN milepost 26.71 near St. Marys, a distance of approximately 1.19 miles; (5) between BN milepost 31.28 near Greton and BN milepost 64.70 near Hopmere, a distance of approximately 33.42 miles; and (6) between BN milepost 10.00 at or near United Junction and BN milepost 16.87 at or near Bowers Junction, a distance of approximately 6.87 miles. PNWR states that it is buying the rail, track materials, and other personal property necessary for rail service and that it is acquiring an exclusive rail easement over the underlying property. PNWR states that it currently operates most of the lines under lease authority obtained in 1996. PNWR expected to commence operations on or about November 14, 1997, the effective date of the exemption. Decided: November 17, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 555X)] CSX Transportation, Inc.--Abandonment Exemption--in Alachua County, FL CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 1.41 miles of its line of railroad between milepost AR- 716.89 and milepost AR-715.48 at the end of track, in High Springs, Alachua County, FL. The line traverses United States Postal Service Zip Code 32643. 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 December 24, 1997, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. 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 November 24, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: November 18, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 554X)] CSX Transportation, Inc.--Abandonment Exemption--in Jasper County, SC and Chatham County, GA CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 14.20 miles of its line of railroad from milepost SHC- 497.59 near South Hardeeville, SC, to milepost SHC-505.05, and from milepost SH-505.05 to milepost SH-510.06 at North Savannah, GA and the Hutchison Island Spur from milepost SHB-509.93 to milepost SHB-511.66, in Jasper County, SC and Chatham County, GA. The line traverses United States Postal Service Zip Codes 29927, 31326, 31401, 31407, and 31408. 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 December 24, 1997, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. 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 November 24, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: November 18, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-493 (Sub-No. 3X)] Track Tech, Inc.--Abandonment Exemption--in Eddy County, ND On November 6, 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 Hamar, ND (milepost 98.0), and Warwick, ND (milepost 103.92), a distance of 5.92 miles in Eddy County, ND. The line traverses U.S. Postal Service ZIP Codes 58380 and 58381. 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, 4X, 5X, and 6X). 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 February 24, 1998. Decided: November 18, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-493 (Sub-No. 4X)] Track Tech, Inc.--Abandonment Exemption--in Ward County, ND On November 6, 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 Minot, ND (milepost 4.00), and Tatman, ND (milepost 16.70), a distance of 12.70 miles in Ward County, ND. The line traverses U.S. Postal Service ZIP Codes 58701 and 58702. 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, 5X, and 6X). 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 February 24, 1998. The Minot Park District, Minot, ND, has requested issuance of a public use condition and a notice of interim trail use, it has also submitted a statement of willingness to assume financial responsibility for the right-of-way. This request will be handled in a subsequent decision. Decided: November 18, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-493 (Sub-No. 6X)] Track Tech, Inc.--Abandonment Exemption--in Lubbock County, TX On November 6, 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 milepost 351.15 and milepost 357.40, a distance of 6.25 miles in Lubbock County, TX. The line traverses U.S. Postal Service ZIP Codes 79403 and 79404. 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 5X). 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 February 24, 1998. Decided: November 18, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 115X)] Union Pacific Railroad Company--Abandonment Exemption--in Waukesha County, WI Union Pacific Railroad Company (UP) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of Service and Trackage Rights to abandon and discontinue service over a 1.40-mile line of railroad on the Waukesha Industrial Lead from milepost 18.16 to the end of UP's line at milepost 19.56 (Grand Avenue), near Waukesha, in Waukesha County, WI. The line traverses United States Postal Service Zip Codes 53186, 53187 and 53188. UP has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted; (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 December 26, 1997, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by UP's filing of a notice of consummation by November 26, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: November 20, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-477 (Sub-No. 3X)] Owensville Terminal Company, Inc.--Abandonment Exemption--in Edwards and White Counties, IL and Gibson and Posey Counties, IN On November 7, 1997, Owensville Terminal Company, Inc. (OTC) 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 Browns-Poseyville line, between milepost 205.0 at or near Browns, IL, and milepost 227.5 near Poseyville, IN, a distance of 22.5 miles in Edwards and White Counties, IL, and Gibson and Posey Counties, IN. The line traverses U.S. Postal Service Zip Codes 62818, 62844, 47616, and 47633. The line includes the stations of Browns, milepost 205.0; Grayville, milepost 213.5; Griffin, milepost 219.9; and Stewartsville, milepost 225.4. This petition is a refiling of OTC's April 15, 1997 submission in STB Docket No. AB-477 (Sub-No. 1X). On August 1, 1997, the Board denied the petition without prejudice to OTC's filing an abandonment application. OTC did not adhere to the Board's directive in the August 1 decision in filing this petition for exemption. Consequently, although the Board is publishing notice of the filing of the instant petition based on representations made therein, OTC is advised that the petition may be rejected if opposition is received. 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 February 25, 1998. Decided: November 21, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================