DOT REPORT #49- December, 1997 ================================================================= A compilation of rail notices published by the US Department of Transportation between December 1 - 15, 1997. Includes Surface Transportation Board abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Emons Transportation Group, Inc.--Continuance in Control Exemption--Penn Eastern Rail Lines, Inc. Penn Eastern Rail Lines, Inc.; Acquisition and Operation Exemption; Lines of Lancaster Northern Railway, Inc., Chester Valley Railway, Inc., East Penn Railways, Inc., and Bristol Industrial Terminal Railway, Inc. Colorado, Kansas & Pacific Railway Company--Acquisition and Operation Exemption--Union Pacific Railroad Company Peter A. Gilbertson, H. Terry Hearst, Bruce A. Lieberman, R. Lawrence McCaffrey, Jr., Harold F. Parmly, and Anacostia Rail Holdings Company--Continuance in Control Exemption--Pacific Harbor Line, Inc. Pacific Harbor Line, Inc.--Operation Exemption--Port of Los Angeles Sierra Railroad Company--Acquisition and Operation Exemption-- Sierra Pacific Industries Soo Line Railroad Company--Abandonment Exemption--in St. Louis County, MN Boston and Maine Corporation--Abandonment Exemption--in Carroll County, NH Buffalo & Pittsburgh Railroad, Inc.--Trackage Rights Exemption-- Consolidated Rail Corporation Burlington Shortline, Inc., d/b/a Burlington Junction Railway-- Acquisition and Operation Exemption--The Burlington Northern and Santa Fe Railway Company Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of 49 CFR Part 236 Kansas City Southern Lines, Inc.; Corporate Family Transaction Exemption; KCS Transportation Company and the Kansas City Southern Railway Company Southwest Ohio Regional Transit Authority--Acquisition Exemption--Certain Assets of the Indiana & Ohio Railway Company CMC Railroad, Inc.--Operation Exemption--GWI Switching Services, L.P. Norfolk Southern Railway Company--Trackage Rights Exemption-- Pickens Railway Company Wisconsin Central Ltd.--Abandonment Exemption--in Polk County, WI Dallas Rapid Transit--Abandonment Exemption--in Dallas, TX ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33511] Emons Transportation Group, Inc.--Continuance in Control Exemption--Penn Eastern Rail Lines, Inc. Emons Transportation Group, Inc. (Emons), has filed a notice of exemption to continue in control of Penn Eastern Rail Lines, Inc. (PERL), upon PERL's becoming a Class III railroad. The transaction was expected to be consummated on or about November 20, 1997, the effective date of the exemption. This transaction is related to STB Finance Docket No. 33512, Penn Eastern Rail Lines, Inc.--Acquisition and Operation Exemption--Lines of Lancaster Northern Railway, Inc., Chester Valley Railway, Inc., East Penn Railways, Inc., and Bristol Industrial Terminal Railway, Inc., wherein PERL seeks to acquire and operate certain rail lines from Lancaster Northern Railway, Inc., Chester Valley Railway, Inc., East Penn Railways, Inc., and Bristol Industrial Terminal Railway, Inc. Emons controls through stock ownership three other Class III rail carriers: Maryland and Pennsylvania Railroad Company, operating 26 miles of rail line between York and Hanover, PA; Yorkrail, Inc., operating approximately 16 miles of rail line between York and Porters Sideling, PA; and, St. Lawrence & Atlantic Railroad Company, operating between Portland, ME, and the Canadian border at Norton, VT. Emons states that: (1) PERL will not connect with any of the other railroads in its corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect PERL with any other railroad in its corporate family; and (3) the transaction does not involve a Class I railroad. The transaction therefore is exempt from the prior approval requirements of 49 U.S.C. 11323. Decided: November 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33512] Penn Eastern Rail Lines, Inc.; Acquisition and Operation Exemption; Lines of Lancaster Northern Railway, Inc., Chester Valley Railway, Inc., East Penn Railways, Inc., and Bristol Industrial Terminal Railway, Inc. Penn Eastern Rail Lines, Inc. (PERL), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire (by purchase of certain rail lines and assignment of certain leases on other rail lines) and operate approximately 45.24 miles of rail lines (the Subject Lines) of Lancaster Northern Railway, Inc. (LANO), Chester Valley Railway, Inc. (CVR), East Penn Railways, Inc. (EPRY), and Bristol Industrial Terminal Railway, Inc. (Bristol). PERL will become a Class III rail carrier. This proceeding is related to STB Finance Docket No. 33511, wherein Emons Transportation Group, Inc., a noncarrier, has filed a notice of exemption to continue in control of PERL upon PERL's becoming a Class III rail carrier. PERL, LANO, CVR, EPRY and Bristol have entered into an agreement providing for PERL's acquisition of all the rights, title and interests in the Subject Lines. PERL intends to consummate the purchase agreement and begin operations on or soon after November 20, 1997, the effective date of the exemption. CVR owns and operates the Bridgeport Industrial Track, between the connection with the Consolidated Rail Corporation (Conrail) at approximately milepost 0.0 and milepost 2.14 at Henderson Road. This 2.14-mile rail line is located entirely within Bridgeport, Montgomery County, PA. LANO owns and operates the Akron Secondary Track, between approximately milepost 0.05 at Sinking Spring, Berks County, PA, and the end of the track at Stevens, approximately milepost 12.94, in Lancaster County, PA. EPRY operates four rail lines as follows: (1) The Perkiomen Branch, USRA Line No. 906, between milepost 22.38 at Pennsburg, PA, and milepost 38.23 at Emmaus Jct., Emmaus, PA, a distance of 15.85 miles, in Berks, Lehigh, and Montgomery Counties, PA; (2) the Colebrookdale Industrial Track (Boyertown Branch), USRA Line No. 909, between milepost 0.00 at Colebrookdale Jct. (Pottstown), PA and milepost 8.60 at Boyertown, PA, a distance of 8.60 miles, in Berks and Montgomery Counties, PA; (3) the Kutztown Branch, USRA line No. 910, between milepost 0.17 at Topton, PA, and milepost 4.29 at Kutztown, PA, a distance of 4.12 miles, in Berks County, PA; and (4) the Mt. Hope Industrial Branch, USRA Line No. 916, between milepost 0.36 and milepost 1.0, a distance of .64 miles, in Manheim, Lancaster County, PA. The lines were acquired by the Commonwealth of Pennsylvania in 1982 and were formerly operated by Blue Mountain and Reading Railroad Company. They connect with Conrail at Emmaus, Pottstown, Topton and Manheim, PA. Bristol leases and operates approximately 1 mile of rail line extending between a connection at Grundy and a point within the Bristol Industrial Park, in Bristol Township, Bucks County, PA. Decided: November 21, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33509] Colorado, Kansas & Pacific Railway Company--Acquisition and Operation Exemption--Union Pacific Railroad Company Colorado, Kansas & Pacific Railway Company (Colorado), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Union Pacific Railroad Company and to operate approximately 121.9 miles of rail line between milepost 747.5, near Towner, and milepost 869.4, near NA Junction, in Kiowa, Crowley, and Pueblo Counties, CO (Line). The Line was the subject of an application for abandonment in Docket No. AB-3 (Sub-No. 130), Missouri Pacific Railroad Company--Abandonment--Towner-NA Junction Line in Kiowa, Crowley, and Pueblo Counties, CO, and discontinuance of trackage rights operations in the embraced Docket No. AB-8 (Sub-No. 38), The Denver and Rio Grande Western Railroad Company--Discontinuance of Trackage Rights-- Towner-NA Junction Line in Kiowa, Crowley and Pueblo Counties, CO. The abandonment and discontinuance were granted in 1996). Colorado indicates that the abandonment was never consummated. The transaction was expected to be consummated on or about November 17, 1997. Decided: November 25, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33412] Peter A. Gilbertson, H. Terry Hearst, Bruce A. Lieberman, R. Lawrence McCaffrey, Jr., Harold F. Parmly, and Anacostia Rail Holdings Company--Continuance in Control Exemption--Pacific Harbor Line, Inc. Peter A. Gilbertson, H. Terry Hearst, Bruce A. Lieberman, R. Lawrence McCaffrey, Jr., and Harold F. Parmly (Gilbertson, et al.), noncarrier individuals, and Anacostia Rail Holdings Company (ARC), a noncarrier holding company (collectively Applicants), have filed a verified notice of exemption to continue in control of Pacific Harbor Line, Inc. (PHL) upon PHL's becoming a Class III rail carrier. The transaction was expected to be consummated on or after November 15, 1997. This transaction is related to STB Finance Docket No. 33411, Pacific Harbor Line, Inc.--Operation Exemption--Port of Los Angeles, in which PHL seeks to acquire operating rights within the City of Los Angeles' Port of Los Angeles (POLA) to provide switching service on track owned by POLA. Applicants own and control two existing Class III common carriers by rail: Louisville & Indiana Railroad Company, operating in Southern Indiana and Northern Kentucky; and the New York & Atlantic Railway Company, operating within the State of New York. With the exception of R. Lawrence McCaffrey, Jr., each of Gilbertson, et al. is an officer and/or director of the Chicago SouthShore & South Bend Railroad Corporation (CSS), a Class III common carrier by rail, operating in Northern Illinois and Northern Indiana. In addition, Gilbertson et al. are minority shareholders in CSS's corporate general partner SouthShore Corporation, a noncarrier. Applicants state that: (i) the railroads will not connect with each other or any railroad in their corporate family; (ii) the continuance in control 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. Decided: November 24, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33411] Pacific Harbor Line, Inc.--Operation Exemption--Port of Los Angeles Pacific Harbor Line, Inc. (PHL), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire operating rights from the City of Los Angeles, a municipal corporation, acting through its Board of Harbor Commissioners (LA). PHL will acquire the right to operate within LA's Port of Los Angeles (POLA) to provide switching services on track owned by POLA. Pursuant to the terms of an operating agreement, PHL's operating rights will be for a term of three years, subject to extension, modification, and earlier termination. The transaction was expected to be consummated in phases on or after November 15, 1997. This transaction is related to STB Finance Docket No. 33412, Peter A. Gilbertson, H. Terry Hearst, Bruce A. Lieberman, R. Lawrence McCaffrey, Jr., Harold F. Parmly, and Anacostia Rail Holdings-- Continuance in Control Exemption--Pacific Harbor Line, Inc., in which Peter A. Gilbertson, H. Terry Hearst, Bruce Lieberman, R. Lawrence McCaffrey, Jr., Harold F. Parmly and Anacostia Rail Holdings Company have filed a notice of exemption to continue in control of PHL upon its becoming a Class III rail carrier. Decided: November 24, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33525] Sierra Railroad Company--Acquisition and Operation Exemption-- Sierra Pacific Industries Sierra Railroad Company, a Class III rail common carrier, has filed a notice of exemption under 49 CFR 1150.41 to acquire and operate approximately 12 miles of rail line in Amador County, CA, known as the Amador Branch, from Sierra Pacific Industries (Sierra Pacific). The Amador Branch extends from milepost 0.0, in Ione, to milepost 12.0, at Martell. The Amador Branch includes a yard and repair shops at Martell as well as additional spur trackage at the Sierra Pacific mill and particle board plant located at milepost 11.6. The transaction is scheduled to be consummated on December 1, 1997. Decided: November 24, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-57 (Sub-No. 43X)] Soo Line Railroad Company--Abandonment Exemption--in St. Louis County, MN Soo Line Railroad Company (Soo) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon an approximately 3.0+-mile line of railroad known as the West Duluth Line, between milepost 465.43+ and milepost 468.43+ in West Duluth, in St. Louis County, MN. The line traverses United States Postal Service Zip Code 55802. Soo 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 January 1, 1998, 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), Soo 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 Soo's filing of a notice of consummation by December 2, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: November 25, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-32 (Sub-No. 65X)] Boston and Maine Corporation--Abandonment Exemption--in Carroll County, NH Boston and Maine Corporation (B&M) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances to abandon an approximately 10.80-mile line of railroad on the Conway Branch between milepost B-111.0 and milepost B-121.80 in Ossipee, Carroll County, NH. The line traverses United States Postal Service Zip Codes 03814, 03864 and 03468. B&M has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) overhead traffic has been rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on January 2, 1998, 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), B&M shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by B&M's filing of a notice of consummation by December 3, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: November 25, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33514] Buffalo & Pittsburgh Railroad, Inc.--Trackage Rights Exemption-- Consolidated Rail Corporation Consolidated Rail Corporation (Conrail) has agreed to grant bridge trackage rights to Buffalo & Pittsburgh Railroad, Inc. (B&P), described as follows: (1) Conrail's Olean Secondary between the B&P/Conrail connection at milepost 408.8 plus-minus at Carrollton, NY, and milepost 395.0 plus-minus at Olean, NY, the connection with Conrail's Buffalo Line, including that portion of Conrail's track known as the North West Connection Track (connection between Conrail's Olean Secondary and its Buffalo Line), a distance of approximately 13.8 miles; (2) Conrail's Buffalo Line between milepost 69.4 plus-minus at CP North Olean, and milepost 5.7 plus-minus CP-GJ, a distance of approximately 63.7 miles; (3) Conrail's Ebenezer Secondary between milepost 5.7 plus-minus (connection with Conrail's Buffalo Line) and milepost 0.4 plus-minus (connection with Conrail's Chicago Line, within CP-Draw), a distance of approximately 5.3 miles; (4) Conrail's Chicago Line between milepost 1.7 plus-minus (connection with Conrail's Ebenezer Secondary) and milepost 1.77 plus-minus (connection with B&P), a distance of approximately 0.07 of a mile; and (5) Conrail's Transco Wye in Buffalo, NY, between milepost 1.9 plus-minus (Erie) on Conrail's Ebenezer Secondary and the end of Conrail's Transco Wye (connection with Conrail's Bison Runner), a distance of approximately 0.6 of a mile. (B&P states that at this point it has existing rights over Conrail's line of railroad to conduct interchange between its Buffalo Creek Yard and ``SK'' Yard of the Delaware and Hudson Railway (CP Rail system) Buffalo, NY, subject to a separate agreement it has with Conrail, dated February 1, 1980.) The total combined distance of the trackage rights is approximately 83.47 miles. The trackage rights are granted for the sole purpose of B& P's use for bridge traffic only between B& P/Conrail connections. B& P shall not perform any local freight service at any point located on the subject trackage. The trackage rights also provide that B& P shall not have the right to permit or admit any third party to the use of all or any portion of the subject trackage, nor under the guise of doing its own business, contract or make any agreement to handle as its own trains, locomotives, cabooses or cars of any third party which in the normal course of business would not be considered the trains, locomotives, cabooses or cars of B&P; provided however, that the foregoing shall not prevent B&P, pursuant to a run-through agreement with any railroad, from using the locomotives and cabooses of another railroad as its own under the trackage rights agreement. B&P was expected to commence operations on or after the November 24, 1997 effective date. On November 20, 1997, Samuel J. Nasca, on behalf of United Transportation Union-New York State Legislative Board, filed a petition to reject the notice of exemption, or to revoke the exemption, and/or for stay of the effective date of the exemption pending disposition of the request for rejection or revocation. The petition will be addressed in a separate decision. The purpose of the proposed trackage rights is to allow B&P to shift overhead traffic from a roughly parallel line that is in need of rehabilitation. Decided: November 26, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33518] Burlington Shortline, Inc., d/b/a Burlington Junction Railway-- Acquisition and Operation Exemption--The Burlington Northern and Santa Fe Railway Company Burlington Shortline, Inc., d/b/a Burlington Junction Railway (BSL), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire and operate approximately 9,205 feet, or 1.74 miles, of rail line owned by The Burlington Northern and Santa Fe Railway Company (BNSF) between a point 247 feet south of BNSF's mainline switch east of BNSF's equipment maintenance facility at Burlington, IA, and a point 9,452 feet south of BNSF's mainline switch, in the vicinity of Burlington, Des Moines County, Iowa. BSL will interchange traffic with BNSF at Burlington. The transaction was expected to be consummated on or after the November 24, 1997 effective date of the exemption. Decided: December 1, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of 49 CFR Part 236 Pursuant to Title 49 Code of Federal Regulations (CFR) part 235 and 49 U.S.C. App. 26, the following railroads have petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR part 236 as detailed below. Rules Standards & Instructions Application (RS&I-AP)-No. 1102 Applicants: New Jersey Transit Rail Operations, Incorporated Morristown and Erie Railway, Incorporated New Jersey Transit Rail Operations, Incorporated (NJTR) and the Morristown and Erie Railway, Incorporated (ME), jointly seek temporary relief from Section 236.566 of the Rules, Standards, and Instructions (49 CFR 236.566), to the extent that NJTR be permitted to operate two non-equipped ME locomotives in automatic cab signal territory, on the Morristown Line between Lower Hack, milepost 2.7 and Netcong, milepost 48.0; the Bergen County Line between Bergen Junction, milepost 3.1 and ``BT,'' milepost 14.2; and the Boonton Line between Mountain View, milepost 21.3 and Denville, milepost 34.4, until such time as the locomotives can be equipped with automatic cab signal and automatic train control equipment, on or before June 30, 1998. Applicant's justification for relief: NJTR is currently installing an automatic cab system on the associated trackage, and temporary relief is requested so that the other freight and passenger service can benefit at the earliest time, from the additional safety afforded by the cab signal and automatic train control systems. Issued in Washington, D.C. on December 1, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33510] Kansas City Southern Lines, Inc.; Corporate Family Transaction Exemption; KCS Transportation Company and the Kansas City Southern Railway Company Kansas City Southern Industries, Inc. (KCSI), Kansas City Southern Lines, Inc. (KCSL), the Kansas City Southern Railway Company (KCSR), and KCS Transportation Company (KCST) have jointly filed a verified notice of exemption for KCSL's common control of KCSR and KCST's rail subsidiaries, Gateway Western Railway Company (GWWR), and Gateway Eastern Railway Company (GWER). In addition to invoking the class exemption for this transaction, KCSI is asking the Board to grant retroactive authority for a previous transaction--the transfer of the stock of KCSR and KCST to KCSL--which the parties undertook but for which they sought no approval from the Board. If KCSI wants to seek Board approval of that transaction, it should file a separate petition for exemption (no class exemption provides for retroactive application). Such a request may not be ``piggybacked'' on this notice. The transaction was expected to be consummated on or about November 21, 1997, at which time KCST was to merge into KCSL with KCSL as the surviving corporation. As a result, KCSR and GWWR will be direct subsidiaries of KCSL and GWER will be its indirect subsidiary. After the transaction, KCSL will commonly control KCSR, GWWR, and GWER. KCSL will also own 49% of the outstanding stock of Mex Rail Corporation, the parent company of the Texas Mexican Railroad Company and 37% of the outstanding stock of Grupo TFM, which in turn owns 80% of the outstanding stock of Transportacion Ferroviaria Mexicana, a Mexican railroad company. The parties state that the transaction will take place within the KCSI corporate family and will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside of the corporate family. Thus, it is the type of transaction specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). Decided: December 3, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33524] Southwest Ohio Regional Transit Authority--Acquisition Exemption--Certain Assets of the Indiana & Ohio Railway Company Southwest Ohio Regional Transit Authority (SORTA), a noncarrier, has filed a verified notice of exemption under 49 CFR part 1150, subpart D--Exempt Transactions to acquire an approximately 9.84-mile line of railroad known as the Blue Ash Line from the Indiana & Ohio Railway Company (I&O). The Blue Ash Line is located northeast of Cincinnati, between milepost 49.6, north of McCullough Yard, and milepost 39.76, near Fields-Ertel Road, in Hamilton County, OH. SORTA will not acquire the right to operate any rail freight service on the Blue Ash Line; I&O will retain the exclusive right and obligation to provide rail freight service on the Blue Ash Line. SORTA will acquire certain physical assets to allow construction and operation of a passenger rail transit system. The notice states that the transaction would be consummated no sooner than the December 1, 1997 effective date of the exemption. The accompanying motion to dismiss indicates that the transaction is expected to be consummated by December 31, 1997. (SORTA simultaneously filed a motion to dismiss the notice of exemption. The entire Board will address the jurisdictional issue raised by the motion to dismiss in a subsequent decision.) Decided: December 3, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33513] CMC Railroad, Inc.--Operation Exemption--GWI Switching Services, L.P. CMC Railroad, Inc. (CMC RR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate a railcar storage yard (the Yard) that has been operated by GWI Switching Services, L.P. (GWISS). GWISS is assigning to CMC RR the operating agreement that would permit CMC RR to operate the Yard. CMC RR will access the Yard at connections with the Baytown Branch of Union Pacific Railroad Company (which the verified notice describes as a former Southern Pacific Transportation Company (SP) line) in the vicinity of Dayton, TX, at SP mileposts 2.0 and 3.3. Under the assignment by GWISS, CMC RR will also operate 10 miles of incidental trackage rights (a) from Baytown Branch SP milepost 5.0 to SP milepost 0.0 (also known as Lafayette Main Line SP milepost 327.8), a distance of 5.0 miles; and (b) from Lafayette Main Line SP milepost 325.0 to SP milepost 330.0, a distance of 5.0 miles. The real estate on which the Yard is located is owned by CMC Railroad I Ltd. (CMC I), which leases all improvements thereto from NCC Charlie Company, an unrelated noncarrier. GWISS has been operating the Yard and has been operating over incidental trackage rights pursuant to the class exemption at 49 CFR 1150.31 (ICC served May 3, 1994). The continuance in control of GWISS by Genesee and Wyoming Industries, Inc., is also exempt under the class exemption. (ICC served May 3, 1997). The Brotherhood of Locomotive Engineers and the United Transportation Union filed petitions to revoke these exemptions, which are pending before the Board. The publication of this notice of exemption does not reflect any assessment of the merits of the petitions to revoke. Should the Board decide to revoke GWISS's exemption to operate the Yard and trackage rights, this exemption of the assignment of GWISS's operating agreement to CMC RR may also be revoked. The transaction was expected to be consummated after November 27, 1997. Decided: December 5, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33521] Norfolk Southern Railway Company--Trackage Rights Exemption-- Pickens Railway Company Pickens Railway Company (Pickens) has agreed to grant local access trackage rights to Norfolk Southern Railway Company (NSR) over approximately 1.2 miles of Pickens' tracks between former NSR milepost Z-9.0 and former NSR milepost Z-10.2, the division of ownership between Pickens and NSR at Murray Street, in Anderson, SC. The transaction is scheduled to be consummated after the closing date of the transaction in Pickens Railway Company--Acquisition and Operation Exemption--Norfolk Southern Railway Company, STB Finance Docket No. 33423 (STB served July 17, 1997), which is anticipated to be on or after December 11, 1997. The purpose of the trackage rights is to permit NSR to provide service on a joint basis with Pickens to present and future rail patrons and to park occupied circus train cars in Anderson. Decided: December 4, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-303 (Sub-No. 18X)] Wisconsin Central Ltd.--Abandonment Exemption--in Polk County, WI On November 24, 1997, Wisconsin Central Ltd. (WCL), 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 Dresser-Amery Line, extending between milepost 47.83 in Dresser and milepost 63.08 (the end of the line) in Amery, a distance of 15.25 miles, in Polk County, WI. The line traverses U.S. Postal Service Zip Codes 54001 and 54009, and includes the stations of Wanderoos at milepost 56.3 and Amery at milepost 62.9. The line does not contain federally granted rights-of-way. Any documentation in WCL's possession will be made available promptly to those requesting it. By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by March 13, 1998. Decided: December 4, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-439 (Sub-No. 3X)] Dallas Rapid Transit--Abandonment Exemption--in Dallas, TX Dallas Rapid Transit (DART) a political subdivision of the State of Texas, has filed a notice of exemption under 49 CFR 1152 subpart F-- Exempt Abandonments to abandon a 6.99-mile line of railroad between milepost D-762.26 in the vicinity of Mockingbird Lane and milepost D- 755.27 in the vicinity of the Kansas City Southern Railway Company bridge overpass, in Dallas County, TX. The line traverses United States Postal Service Zip Codes 75205, 75214, 75231 and 75238. DART acquired this line of railroad from the Missouri Pacific Railroad Company (MP) in 1990 with MP retaining trackage rights. MP discontinued its trackage rights over the line as part of a joint relocation project in 1992. DART 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 January 14, 1998, 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), DART 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 DART's filing of a notice of consummation by December 15, 1998, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: December 8, 1997. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================