DOT REPORT #51- January, 1998 ================================================================= A compilation of rail notices published by the US Department of Transportation between January 1 - 15, 1998. Includes Surface Transportation Board abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Douglas M. Head, Kent P. Shoemaker and Charles H. Clay-- Continuance in Control Exemption--Rutland Line, Inc CSX Transportation, Inc.--Abandonment Exemption--in Atkinson County, GA Environmental Impact Statement on the Proposed Commuter Rail Project Between Everett and Seattle, WA Dallas Area Rapid Transit; Acquisition and Operation Exemption-- Line of Union Pacific Railroad Company RailTex, Inc., Indiana & Ohio Rail Corp., Cincinnati Terminal Railway Company, Indiana and Ohio Railroad, Inc., Indiana & Ohio Railway Company, and Indiana & Ohio Central Railroad, Inc; Corporate Family Transaction Exemption West Isle Line, Inc.--Acquisition and Operation Exemption--The Burlington Northern and Santa Fe Railway Company ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33501] Douglas M. Head, Kent P. Shoemaker and Charles H. Clay-- Continuance in Control Exemption--Rutland Line, Inc ACTION: Notice of Exemption. SUMMARY: The Board exempts from the prior approval requirements of 49 U.S.C. 11323-25, the continuance in control by Douglas M. Head, Kent P. Shoemaker and Charles H. Clay of Rutland Line, Inc. DATES: This exemption will be effective on February 6, 1998. Decided: December 11, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-55 (Sub-No. 557X)] CSX Transportation, Inc.--Abandonment Exemption--in Atkinson County, GA CSX Transportation, Inc. (CSXT) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 0.51 miles of its line of railroad between milepost AP- 617.94 and milepost AP-618.45 at the end of track, in Pearson, Atkinson County, GA. The line traverses United States Postal Service Zip Code 31642. 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 February 6, 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), 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 January 7, 1999, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Decided: December 29, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration Environmental Impact Statement on the Proposed Commuter Rail Project Between Everett and Seattle, WA ACTION: Notice of intent to prepare an Environmental Impact Statement. SUMMARY: The Federal Transit Administration (FTA) and the Central Puget Sound Regional Transit Authority (RTA) intend to prepare an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA). Corridor alternatives were evaluated in a SEPA plan-level EIS (1993) and in a Major Investment Study (1997). The EIS will evaluate the Everett-Seattle Commuter Rail Project, including station location alternatives and track improvement/expansion design variations design alternatives in sensitive (shoreline and wetland) areas, along the 35-mile long corridor between Everett and Seattle, Washington. The project will generally, though not solely, be located in existing Burlington Northern Sante Fe Railway (BNSF) right- of-way. The proposed Commuter Rail Project is intended to provide peak- hour commuter rail service between key activity centers along the corridor, including two of the region's largest employment centers: Seattle and Everett. The commuter rail line will connect with the proposed Seattle-to-Tacoma/Lakewood commuter rail service, and the proposed Central Light Rail Transit line between north Seattle and SeaTac, Washington, at the King Street Station in Seattle. The project will also evaluate site alternatives for a proposed commuter rail vehicle overnight storage and light maintenance facility or facilities. In addition, the EIS will evaluate the no-build alternative and any new reasonable alternatives generated through the scoping process. SUPPLEMENTARY INFORMATION: I. Scoping The FTA and the RTA invite interested individuals, organizations, and federal, state, regional and local agencies to participate in defining the alternatives within the corridor to be evaluated in the EIS and identifying any significant, social, economic, or environmental issues related to the alternatives. An Environmental Scoping Information Report describing the project, the proposed alternatives, the impact areas to be evaluated, the public involvement program and the preliminary project schedule has been prepared. II. Description of Study Area and Project Need The Everett-Seattle Commuter Rail Project consists of a north-south corridor approximately 35 miles long between Everett and Seattle, Washington. The project will include a group of physical and operational improvements to existing tracks and rights-of-way, track, along with station facilities and systems in order to provide commuter rail service. These improvements may also include new tracks in some locations. Service is expected to operate during peak commute periods, with a total of 6 train trips in each direction. Trains will consist of 6 to 10 passenger cars pulled by a diesel locomotive. Up to 7 stations will be developed to serve Seattle, Shoreline, Edmonds, Mukilteo, Everett and surrounding areas. Stations are proposed at the following locations: Edmonds Multi-modal, Mukilteo, Everett Bond St. AMTRAK station and Everett Multi-modal station. Provisional stations that are currently unfunded but that will be analyzed in this EIS include stations in the Ballard area of Seattle and the Richmond Beach area of Shoreline. An additional, currently unfunded station will be analyzed in the Seattle downtown/north waterfront area. Station improvements will generally consist of a platform on each side of the tracks at most locations, a canopy over the platform, a fare machine, and related facilities. Bus access will be provided at all stations. Parking facilities will be provided to serve all of the stations except for the Seattle waterfront and, possibly, Ballard stations. Track and other right-of-way improvements will be made to allow commuter rail to operate along this corridor, which is extensively used for freight operations. The existing railroad is double-tracked in most places. However, in order to operate commute rail in the corridor, it will be necessary to double-track in the several remaining single-track locations. It will also be necessary to add sidings in a number of locations. The EIS will analyze alternative designs for such facilities to minimize or avoid adverse impacts to sensitive resources, including the shoreline of Puget Sound and wetlands. The proposed commuter rail project will provide an important and cost-effective alternative to the automobile in the congested I-5 corridor. The ridership forecast for the year 2010 is 3,000 to 4,000 passengers/day. III. Alternatives The proposed Everett-Seattle Commuter Rail Project would largely be implemented in existing BNSF railroad right-of-way, except for some stations and parking facilities. Alternatives relating to alignment location and mode were previously considered and documented in the Major Investment Study (1997). Therefore, this project-level EIS will focus on alternative station locations, and alternative locations and/ or designs for track facilities that minimize or avoid adverse impacts on sensitive environmental resources. To date, the station locations and alternatives proposed for study in the EIS include the following: * Seattle, North Downtown/Waterfront (unfunded). * Ballard in Seattle (provisional). * Richmond Beach in Shoreline (provisional). * Edmonds, at the site of the Edmonds Multi-modal Facility; or at the existing AMTRAK station. * Mukilteo, at the site of the proposed Mukilteo Multi-modal Facility; or near the existing ferry passenger boarding point in downtown. * Everett, at the existing Bond Street AMTRAK station; and * Everett, at the new Everett Multi-modal Facility. In addition to stations, other improvements required to implement commuter rail include double-tracking, and construction of additional sidings in a number of locations to allow operation of commuter rail in a heavily used freight corridor. Those improvements are described in detail in the Environmental Scoping Information Report, which is available from the RTA. The EIS will analyze design alternatives for track improvements that may have adverse environmental impacts on the waters of Puget Sound or on other natural resources including wetlands. The design alternatives may include rip-rap fill, bulkheads, and/or slope excavations. The proposed project also includes construction of a commuter rail vehicle overnight storage and light maintenance facility or facilities. Alternative locations for the facility(ies) will be evaluated. The No-Build alternative, which involves no change to transportation services or facilities in the corridor beyond those currently programmed, will also be evaluated in the EIS. Issued on: January 5, 1998. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33531] Dallas Area Rapid Transit; Acquisition and Operation Exemption-- Line of Union Pacific Railroad Company Dallas Area Rapid Transit (DART), a political subdivision of the State of Texas, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire approximately 1.5 miles of rail line owned by Union Pacific Railroad Company (UP) from approximately milepost 749.75 to approximately milepost 748.25 in the vicinity of Garland, TX. Applicant states that it will grant trackage rights to UP (or UP's designee) on the subject line and that freight railroad operations on the subject line will be conducted by UP (or UP's designee) pursuant to the trackage rights. UP (or UP's designee) will seek the Board's approval for the trackage rights in a separate filing. The transaction was expected to be consummated on or soon after December 18, 1997, the effective date of the exemption. Decided: January 2, 1998. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33530] RailTex, Inc., Indiana & Ohio Rail Corp., Cincinnati Terminal Railway Company, Indiana and Ohio Railroad, Inc., Indiana & Ohio Railway Company, and Indiana & Ohio Central Railroad, Inc; Corporate Family Transaction Exemption RailTex, Inc. (RailTex), Indiana & Ohio Rail Corp. (I&O), Cincinnati Terminal Railway Company (CTER), Indiana and Ohio Railroad, Inc. (INOH), Indiana & Ohio Railway Company (IORY), and Indiana & Ohio Central Railroad, Inc. (IOCR) have jointly filed a verified notice of exemption. CTER and INOH will be merged into IORY. After consummation of the transaction, I&O will directly control two Class III railroads: the IORY and the IOCR. RailTex is a noncarrier which directly controls 17 Class III railroads operating in 21 states, as well as 3 rail carriers that operate in Canada. RailTex also directly controls I&O, a noncarrier, which controls CTER, INOH, IORY, and IOCR, 4 Class III railroads that have been operated as a single system. The transaction was to be consummated on or after December 18, 1997. The transaction will simplify RailTex's corporate structure and eliminate costs associated with separate accounting, tax, bookkeeping and reporting functions. The merger of CTER and INOH into IORY is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). The parties state that the transaction will not result in changes in service levels, operational changes, or a change in the competitive balance with carriers outside the corporate family. Decided: December 31, 1997. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33532] West Isle Line, Inc.--Acquisition and Operation Exemption--The Burlington Northern and Santa Fe Railway Company West Isle Line, Inc. (WIL), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from The Burlington Northern and Santa Fe Railway Company and to operate approximately 5.25 miles of rail line and associated assets between milepost 0+500 feet (milepost 0.09), at Stoil, CA, and milepost 5+2965.80 feet (milepost 5.56), at Alpaugh, CA. The earliest the transaction could be consummated was December 22, 1997, the effective date of the exemption (7 days after the exemption was filed). Decided: January 7, 1998. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================