DOT REPORT #53- February, 1998 ================================================================= A compilation of rail notices published by the US Department of Transportation between February 1 - 15, 1998. Includes Surface Transportation Board abandonment, operation and control notices, FRA orders and related petitions. Condensed from original. ================================================================= CONTENTS: Central Railroad Company of Indiana--Abandonment Exemption--in Dearborn, Decatur, Franklin, Ripley, and Shelby Counties, IN Turners Island, LLC--Acquisition and Operation Exemption-- Portland Terminal Co. Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief from the Requirements of Title 49 Code of Federal Regulations Part 236 Environmental Impact Statement: Denver, Arapahoe, and Douglas Counties Union Pacific Railroad Company, Control and Merger; Southern Pacific Transportation Company: Reno Mitigation Study, Preliminary Mitigation Plan Bootheel Rail Properties, Inc.--Abandonment Exemption--in Pemiscot and Dunklin Counties, MO, and Bootheel Regional Rail Corporation--Discontinuance Exemption--in Pemiscot and Dunklin Counties, MO The Cincinnati Terminal Railway Co. (Indiana & Ohio Railway Co., Successor)--Discontinuance of Service Exemption--In Cincinnati, Hamilton County, OH Consolidated Rail Corporation--Discontinuance of Trackage Rights Exemption--in Cincinnati, Hamilton County, OH Grand Trunk Western Railroad Incorporated--Adverse Discontinuance of Trackage Rights Application--A Line of Norfolk and Western Railway Company in Cincinnati, Hamilton County, OH Norfolk and Western Railway Co.--Abandonment Exemption--In Cincinnati, Hamilton County, OH ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-459 (Sub-No. 2X)] Central Railroad Company of Indiana--Abandonment Exemption--in Dearborn, Decatur, Franklin, Ripley, and Shelby Counties, IN On January 14, 1998, Central Railroad Company of Indiana (CIND) 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 Shelbyville Line, extending from approximately railroad milepost 23.0, near Thatcher station and the town of Greendale, to approximately railroad milepost 81.0, near Shelbyville, a distance of approximately 58 miles, in Dearborn, Decatur, Franklin, Ripley, and Shelby Counties, IN. The line traverses U.S. Postal Service Zip Codes 47025, 47022, 47550, 47041, 47033, 47006, 47263, 47240, 47272, 46182, and 46176. The line includes the stations of Sunman, IN (milepost 39.9), Morris, IN (milepost 45.5), Batesville, IN (milepost 48.0), New Point, IN (milepost 54.0), Greensburg, IN (milepost 63.0), Adams, IN (milepost 68.0), Saint Paul, IN (milepost 73.0), and Waldron, IN (milepost 75.2). 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 May 4, 1998. Decided: January 27, 1998. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 33545] Turners Island, LLC--Acquisition and Operation Exemption-- Portland Terminal Co. Turners Island, LLC (TI), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Portland Terminal Company (PT) and to operate approximately 1.09 miles of rail line designated as Yard 3 Track extending between Engineering Station 82 + 03 and Engineering Station 23 + 97, in South Portland, Cumberland County, ME. In addition, TI will also acquire incidental trackage rights over PT's rail line between Engineering Station 82 + 03, where it intersects with the line being acquired, and Engineering Station 148 + 72 on Yard 3 Track, in South Portland, a distance of approximately 1.27 miles. PT received Board authorization to abandon this line through a notice of exemption in 1997. The transaction is expected to be consummated after the January 29, 1998 effective date of the exemption. Decided: January 28, 1998. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief from the Requirements of Title 49 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and 49 U.S.C. App. 26, the following railroads have petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR Part 236 as detailed below. Block Signal Application (BS-AP)--No. 3454 Applicant: Burlington Northern and Santa Fe Railway The Burlington Northern and Santa Fe Railway seeks approval of the proposed reduction of the traffic control system limits, on Main Track No. 2, at North Tennessee Yard, near Memphis, Tennessee, on the Thayer Subdivision, Southeastern Division, consisting of the relocation of Signal 180R and the associated Begin and End CTC limits, from milepost 494.6 to milepost 492.9. The reason given for the proposed changes is that the planned installation of a new run through track (Third Quarter 1998), will allow straight through movements for the majority of freight trains on Main Track No. 1, and will eliminate unnecessary delays for the switch engine assignments that works customers on Main Track No. 2 between North Tennessee Yard and milepost 492.9. BS-AP-No. 3455 Applicant: Union Pacific Railroad Company The Union Pacific Railroad Company seeks approval of the proposed modification of the traffic control system, on the two main tracks, mileposts' 566.7 and 566.8, near Laramie, Wyoming, Laramie Subdivision, consisting of the discontinuance and removal of Signal 566.7 on Track No. 1 and Signal 566.8 on Track No. 2. The reason given for the proposed changes is that the signals are no longer required and train operations will be improved by the increased signal spacing. BS-AP-No. 3456 Applicant: Union Pacific Railroad Company The Union Pacific Railroad Company seeks approval of the proposed discontinuance and removal of the rail locks and associated power- operated switch machines, on the Rock Street Industrial Lead track, Junction Bridge, milepost 345.0, near Little Rock, Arkansas. The reason given for the proposed changes is to modernize the operation of the Junction Bridge. BS-AP-No. 3457 Applicant: Southeastern Pennsylvania Transportation Authority The Southeastern Pennsylvania Transportation Authority (SEPTA) seeks approval of the proposed modification of Chestnut Hill West Interlocking, milepost 6.6, on the Chestnut Hill West Line, in Philadelphia County, Pennsylvania, consisting of the conversion of Chestnut Hill West Interlocking from manual control to automatic operation. The proposed conversion includes the retirement of the manually controlled electro-mechanical interlocking machine for directing train movements; installation of vital microprocessor technology and revision of interlocking control logic to provide for the automatic routing of train movements; installation of a local control panel for manual manipulation in a central instrument housing; and revision of interlocking control logic to provide for existing split point derails and respective home signals to be operated by push button panels, to be located adjacent to the engineer's cab of a train ready for departure from the Chestnut Hill West Terminal, on each respective track. The reason given for the proposed changes is to retire obsolete facilities no longer required for present operation thereby reducing costs associated operating the system. Issued in Washington, D.C. on February 2, 1998. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration and Federal Transit Administration Environmental Impact Statement: Denver, Arapahoe, and Douglas Counties ACTION: Notice of intent and public scoping meetings. SUMMARY: The FHWA and FTA are jointly issuing this notice to advise the public that an environmental impact statement will be prepared for the proposed transportation improvements in the Southeast Corridor of the Denver metropolitan area. SUPPLEMENTARY INFORMATION: The FHWA and FTA, in cooperation with the Colorado Department of Transportation (CDOT), hereby give notice that they intend to prepare an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) for transportation improvements in the Southeast Corridor of the Denver metropolitan area. This EIS will evaluate the No Build, and a Light Rail Transit alternative (including highway improvements and transportation management solutions) in the I-25 Southeast Corridor study limits from Broadway to Lincoln Avenue, which includes I-225 from I-25 to Parker Road, and determine the estimated costs and potential impacts associated with each. CDOT will be the local lead agency for the preparation of the EIS. The EIS also will satisfy the requirements of the 1999 Clean Air Act Amendments. Scoping will be accomplished through coordination with affected parties, organizations, federal, state and local agencies and through three public meetings. The proposed action is consistent with the recently completed Southeast Corridor Major Investment Study. It begins at approximately I-25 and Broadway and proceeds south and southeast to Lincoln Avenue following the general alignment of I-25. Also included is a segment along I-225 from I-25 to Parker Road. The proposed action excludes any proposed roadway improvements near I-25 from 6th Avenue to approximately the Logan Street crossing, including the I-25 interchanges at Alameda, Santa Fe, and Broadway. Transit and highway improvements are intended to alleviate traffic congestion in the Southeast Corridor, address safety problems and help achieve regional air quality goals by providing an alternative to the single occupant vehicle. The alternatives to be evaluated include the following. The No- Build alternative will serve as the baseline for environmental analysis and consists of the existing transit and highway systems and all projects contained in the federally approved Transportation Improvement Program (TIP) for the Denver metropolitan area. The Light Rail Transit (LRT) alternative will generally use the I-25 right-of-way between Broadway and Lincoln Avenue, and the I-225 right-of-way between I-25 and Parker. This alternative, designed to accommodate future transportation needs, also includes improvements to the highway, transportation systems management, and pedestrian facilities in the study area. Issued on: February 5, 1998. ----------------------------------------------------------------------- DEPARTMENT Of TRANSPORTATION Surface Transportation Board [Finance Docket No. 32760] Union Pacific Railroad Company, Control and Merger; Southern Pacific Transportation Company: Reno Mitigation Study, Preliminary Mitigation Plan ACTION: Issuance of Final Mitigation Plan (FMP), request for public comment. SUMMARY: The Surface Transportation Board's (Board) Section of Environmental Analysis (SEA) issued the Final Mitigation Plan (FMP) for the Reno, NV Mitigation Study on February 11, 1998 for public review and comment. On August 12, 1996, in Decision No. 44, the Board approved the Union Pacific/Southern Pacific merger. As part of its approval, the Board directed SEA to conduct a mitigation study to develop further tailored environmental mitigation measures, in addition to those already imposed in Decision No. 44) to address unique local conditions in Reno and Washoe County. The FMP is part of this ongoing Reno mitigation study process. The FMP contains SEA's proposed environmental conditions at this time for mitigating the potential effects of increased train traffic through Reno as a result of the UP/SP merger. The FMP also contains comments from over 530 commenters on the Preliminary Mitigation Plan (released on September 15, 1997), SEA's responses to those comments, and additional technical analysis conducted by SEA. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket Nos. AB-502 and AB-503 (Sub-No. 1X)] Bootheel Rail Properties, Inc.--Abandonment Exemption--in Pemiscot and Dunklin Counties, MO, and Bootheel Regional Rail Corporation--Discontinuance Exemption--in Pemiscot and Dunklin Counties, MO On January 23, 1998, Bootheel Rail Properties, Inc. (BRP) and Bootheel Regional Rail Corporation (BRRC) 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 for BRP to abandon and BRRC to discontinue service over a line of railroad known as the Hayti- Kennett Branch, extending from milepost 212.73, near Hayti, MO, to milepost 230.00, near Kennett, MO, a distance of 17.27 miles in Pemiscot and Dunklin Counties, MO. The line traverses U.S. Postal Service ZIP Codes 63851, 63857, 63871, and 63827. There are no agency stations located on the line. By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by May 13, 1998. Decided: February 5, 1998. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-532X] The Cincinnati Terminal Railway Co. (Indiana & Ohio Railway Co., Successor)--Discontinuance of Service Exemption--In Cincinnati, Hamilton County, OH (The Cincinnati Terminal Company was merged into IORY in a transaction that was the subject of a notice of exemption in 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, STB Finance Docket No. 33530 (STB served Jan. 9, 1998). We have accepted the notice of exemption as filed with an amended caption to reflect CTER's merger into Indiana and Ohio Railway Company because no party will be prejudiced and because the lease had terminated while CTER was still the party in interest.) The Cincinnati Terminal Railway Company (CTER) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances, to discontinue service under a lease that has been terminated. The lease was limited to certain overhead movements over a line of railroad owned by the Norfolk and Western Railway Company (NW) that traveled the entire Riverfront Running Track, extending between Survey Station 84+80 and Survey Station 4+20 (former milepost LM-119+1756 feet), a distance of approximately 1.5 miles, in Cincinnati, Hamilton County, OH. The line traverses United States Postal Service Zip Codes 45202 and 45203. There are no stations on the line. The Cincinnati Terminal Railway Co. lease, dated June 24, 1994, became effective on July 1, 1994, and was later terminated by NW on May 31, 1996, effective July 1, 1996. CTER has certified that: (1) No local traffic has moved via CTER pursuant to the lease rights for at least 2 years; (2) any overhead traffic that previously moved over the line can be 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 of 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) to subsidize continued rail service has been received, this exemption will be effective on March 14, 1998, unless stayed pending reconsideration. Decided: February 6, 1998. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-167 (Sub-No. 1180X)] Consolidated Rail Corporation--Discontinuance of Trackage Rights Exemption--in Cincinnati, Hamilton County, OH Consolidated Rail Corporation (Conrail) has filed a notice of exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and Discontinuances of Trackage Rights, for the discontinuance of trackage rights over Norfolk and Western Railway Company's entire Riverfront Running Track, extending from a Point A near the Oasis Block Station to Point B in the southern line of Front Street near its intersection with Smith Street, a distance of approximately 1.5 miles, in Cincinnati, Hamilton County, OH.The line traverses United States Postal Service ZIP Codes 45202 and 45203. There are no stations on the line. Conrail had acquired the trackage rights pursuant to the Final System Plan under the Regional Rail Reorganization Act of 1973. Conrail has certified that: (1) No local traffic has moved over the line via Conrail pursuant to the trackage rights for at least 2 years; (2) any overhead traffic can be 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 of 49 CFR 1105.12 (newspaper notice) 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) to subsidize continued rail service has been received, this exemption will be effective on March 14, 1998, unless stayed pending reconsideration. Decided: February 6, 1998. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-31 (Sub-No. 30)] Grand Trunk Western Railroad Incorporated--Adverse Discontinuance of Trackage Rights Application--A Line of Norfolk and Western Railway Company in Cincinnati, Hamilton County, OH On January 23, 1998, the Norfolk and Western Railway Company (NW) filed an application under 49 U.S.C. 10903 requesting that the Surface Transportation Board (Board) order the discontinuance, or find that the public convenience and necessity require and permit the discontinuance, of the limited overhead trackage rights asserted to be held by Grand Trunk Western Railroad Incorporated (GTW) over the entire Riverfront Running Track, which is described in the agreement granting those rights, as ``that portion of the line of NW through Cincinnati, OH, from the first switch west of Oasis Block Station to a connection with the Southern Railway in the vicinity of Front and Smith Streets * * * a distance of 1.6 miles,'' in Cincinnati, Hamilton County, OH. The line is about 1.6 miles and no more than 2.2 miles in length. The line has no stations, and traverses United States Postal Service ZIP Codes 45202 and 45203. GTW acquired its interest in the agreement through the automatic assignment to GTW, as successor to the Detroit, Toledo and Ironton Railroad Company. NW states that the line is out of service, but that GTW declines to file or concur in a notice of exemption because it claims to have assigned its trackage right to Indiana & Ohio Railway Company (IORY). Applicant has asked the Board to expedite handling of the matter due to the fact that the line is out of service and due to NW's stated intent to transfer its interest in the line to the City of Cincinnati for public purposes. Because the real party of interest here is in question, both GTW and IORY are requested to participate in this proceeding. NW has petitioned the Board to waive the informational or procedural requirements of discontinuance applications that do not apply to a notice of exemption. The waiver requests as to information will be granted in a separate decision to be served concurrently with this notice. The request for modification of the schedule for filing comments will be denied. NW also requests exemption from the provisions of 49 U.S.C. 10904 and 10905. Those exemption requests will be considered by the Board in the final decision on the merits of the application. GTW filed a petition to reject the application. The petitioner argues that the application should be rejected as prematurely filed. GTW asserts that it has assigned the trackage rights to IORY. The petition to reject argues that a grant of this application would amount to an adjudication of the dispute between NW and GTW over whether it lawfully assigned the rights to IORY. GTW cites the trackage rights agreement, which provides for the resolution of disputes arising under the agreement by arbitration. The petitioner states that it has invoked arbitration. In further support of its argument that the application is premature, GTW says that the application should not have been filed until the various petitions for waiver filed by NW had been acted upon. Finally, GTW argues that the NW application is defective. The Board will address the relevance of and, if appropriate, the merits of GTW's and NW's arguments as to the assignment of the trackage rights in the decision on the application. In an application by a third party for a determination that the public convenience and necessity permits a line to be discontinued or abandoned, the issue before the Board is whether the public interest requires that the line in question be retained as part of the national rail system. The question of the ownership of the line is relevant chiefly as it pertains to the question of whether the public is better served by the maintenance or discontinuance of the rights and the service they afford. By granting a third party application, the Board withdraws its primary jurisdiction over the line. Questions of the disposition of the line, including the adjudication of various claims of ownership or other rights and obligations, are then left to state or local authorities. It should be noted that, whenever the Board or its predecessor, the Interstate Commerce Commission, has granted abandonment or discontinuance authority, whether by application of a third party or otherwise, the agency finds that the public convenience and necessity supports the abandonment or discontinuance of a specific line by a specified carrier. The parties may address this issue further in their comments and the replies thereto. GTW correctly notes that requests for waivers are typically filed before the application drawn in reliance on those waivers is filed. But in filing its application contemporaneously with the waivers, NW has merely run the risk that the waivers will be denied in whole or part and it will have wasted time and effort in filing an application based on them. Grants of petitions for waiver of the filing of the materials required in typical abandonment applications in applications filed by third parties are customary. The regulations require information intended to help the Board decide whether a particular line or service is losing money. That is typically not the issue in third party applications. It is not the issue here, where no service has been provided in recent years. We have denied NW's requests to shorten the procedural schedule or to ``waive'' the statutorily mandated OFA procedures. The procedure NW chose in filing its waiver requests is no reason to reject its application. Nor is GTW's catchall assertion that the application is defective. The line has not appeared on the system diagram maps (SDM) or been included in the narrative in category 1. The Interstate Commerce Commission (ICC) has found that the SDM requirement, while imposed by statute, is not necessary in the context of an adverse abandonment, where the line has been out of service for many years. Decided: February 6, 1998. ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-290 (Sub-No. 184X)] Norfolk and Western Railway Co.--Abandonment Exemption--In Cincinnati, Hamilton County, OH On January 23, 1998, Norfolk and Western Railway Company (NW) 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. 10903-10905 to abandon a segment of a line of railroad known as the Riverfront Running Track, between Oasis and Plum Street, a distance of approximately 1.5 miles, in Cincinnati, Hamilton County, OH. The line traverses U.S. Postal Service Zip Codes 45202 and 45203. There are no stations on the line. NW seeks exemptions from the offer of financial assistance (OFA) provisions of 49 U.S.C. 10904 and the public use provisions of 49 U.S.C. 10905. Exemptions from 49 U.S.C. 10904-05 have been granted from time to time, but only when the right-of-way is needed for a valid public purpose and there is no overriding public need for continued rail service. 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 May 13, 1998. NW states that, since it has already agreed to transfer the line to the City of Cincinnati, NW will not negotiate with any party for transfer of the line for trail use. Decided: February 6, 1998. ================================================================== Comments or questions about this compilation should be directed to Paul Moore at 71367.1057@Compuserve.com. ==================================================================