ICC/DOT REPORT #3 -January, 1996 ================================================= A condensed version of Interstate Commerce Commission and Department of Transportation rail line decisions and notices published between January, 1 - 15, 1996. ================================================= CONTENTS: Petition for a Waiver of Compliance Illinois Central Railroad Company--Abandonment Exemption--in West Feliciana Parish, LA Norfolk Southern Railway Company and Norfolk and Western Railway Company--Trackage Rights Exemption--Burlington Northern Railroad Company Georgia & Florida Railroad Co., Inc.--Operation Exemption--Live Oak, Perry & Georgia Railroad Company Live Oak, Perry & Georgia Railroad Company, Inc.--Acquisition and Operation Exemption--Line of Georgia Southern and Florida Railway Company and Norfolk Southern Railway Company Boston and Maine Corporation--Abandonment Exemption--Rensselaer County, NY Portland & Western Railroad, Inc.--Lease and Operation Exemption--Burlington Northern Railroad Company Raymond L. Ortman--Continuance in Control Exemption--Winamac Southern Railway Company, Inc. Norfolk and Western Railway Company--Abandonment Exemption--in Lynchburg, VA Southern Pacific Transportation Company--Abandonment Exemption-- in San Mateo County, CA ======================================================================= DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for a Waiver of Compliance In accordance with 49 CFR 211.9 and 211.41, notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance with certain requirements of Federal railroad safety regulations. The individual petitions are described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested and the petitioner's arguments in favor of relief. Michigan State Trust for Railway Preservation, Inc. (MSTP) FRA Waiver Petition Docket No. RSEQ-95-3 The MSTP seeks a waiver of compliance with Title 49, Code of Federal Regulations (49 CFR), Part 240, ``Qualifications for Locomotive Engineers.'' MSTP is a non-profit educational corporation. MSTP owns and operates a 1941 Lima built steam locomotive. The locomotive, No. 1225, has operated approximately 5000 miles since 1988 throughout the general railroad system and has been in compliance with 49 CFR part 230 since that time. The MSTP steam locomotive is located at a repair facility in Owosso, Michigan. The facility is connected to the tracks of the Tuscola and Saginaw Bay Railway (TSBY). The MSTP owns and controls two (2) lead tracks each approximately 130 feet long and extending from the repair shop building to the connection with the TSBY. The MSTP requests a waiver from Part 240 which will allow operation of No. 1225 a distance of .875 miles in each direction by non-certified persons over TSBY trackage with approved restrictions. The waiver would allow MSTP to permit the public to operate the locomotive on the TSBY trackage. In addition, MSTP would generate continued interest in and revenue required to teach steam technology to future generations. ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Docket No. AB-43 (Sub-No. 169X)] Illinois Central Railroad Company--Abandonment Exemption--in West Feliciana Parish, LA Illinois Central Railroad Company (IC) has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 0.8 miles of its line of railroad between milepost LB-9.7 to milepost LB-10.5 near Riddle (Zee), in West Feliciana Parish, LA. IC has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) all overhead traffic previously routed over this line has been rerouted to alternate 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 Commission or with any U.S. District Court or has been decided in favor of the complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 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 3, 1996, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Decided: December 28, 1995. ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Finance Docket No. 32842] Norfolk Southern Railway Company and Norfolk and Western Railway Company--Trackage Rights Exemption--Burlington Northern Railroad Company Burlington Northern Railroad Company (BN) has agreed to grant overhead trackage rights to Norfolk Southern Railway Company (NSR) and Norfolk Western Railway Company (NW), collectively referred to as NS, over a 112-mile line of railroad between milepost 10.2, at Jacksonville, IL, and milepost 122.3, at Centralia, IL. NW is a class I railroad controlled through stock ownership by NSR. NSR and its rail carrier subsidiaries operate a rail system extending throughout the Southeast and Midwest. NS contends that the trackage rights will enable it to have more efficient routing of its trains. Currently, NS receives coal trains in interchange from The Union Pacific Railroad Company at E. St. Louis, IL. These trains then move over NS trackage from E. St. Louis for delivery at Coffeen, IL. The BN trackage rights will allow NS to receive coal trains in interchange at Worden, IL, and move to Coffeen via NS to Litchfield, then over BN's trackage rights between Litchfield/Winston and Sorento and NS Sorento to Coffeen. NS also claims that the trackage rights will enable it to rationalize the E. St. Louis-Sorento portion of its E. St. Louis-Coffeen line. The trackage rights will become effective on June 1, 1996. Dated: December 29, 1995. ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Finance Docket No. 32812] Georgia & Florida Railroad Co., Inc.--Operation Exemption--Live Oak, Perry & Georgia Railroad Company Georgia & Florida Railroad Co., Inc. (G&F) has filed a notice of exemption to operate over approximately 83.05 miles of railroad owned by Live Oak, Perry & Georgia Railroad Company (LOP&G).The involved trackage is as follows: (1) From milepost GB 1.0 in Adel, GA, to milepost 77.3 in Perry, FL, in Cook, Lowndes and Brooks Counties, GA, and Madison and Taylor Counties, FL; and (2) from milepost LO 45.75 in Perry, FL, to milepost LO 39.0 in Foley, FL, in Taylor County. G&F shall have the right to conduct operations between the involved line of railroad and a line over which it currently conducts operations. Although G&F will operate over the line, LOP&G will retain a residual obligation to provide common carrier service. The parties intended to consummate the transaction on or after December 15, 1995. G&F owns and operates approximately 43.2 miles of railroad in southwestern Georgia, including lines in Moultrie and Camilla and between Valdosta and Nashville, GA. G&F also leases approximately 58.2 miles of railroad between Albany and Sparks, GA, and has trackage rights on approximately 29.8 miles of railroad between Sparks and Valdosta, GA. This transaction is related to Finance Docket No. 32834, Georgia & Florida Railroad Co., Inc.--Amended Trackage Rights Exemption--Georgia Southern and Florida Railway Company, a concurrently filed notice of exemption under 49 CFR 1180.2(d)(7), in which G&F seeks to amend its existing trackage rights to be able to handle certain traffic to and from the subject line. Decided: December 20, 1995. ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Finance Docket No. 32811] Live Oak, Perry & Georgia Railroad Company, Inc.--Acquisition and Operation Exemption--Line of Georgia Southern and Florida Railway Company and Norfolk Southern Railway Company Live Oak, Perry & Georgia Railroad Company, Inc. (LOP&G), a noncarrier, has filed a notice of exemption to acquire and operate approximately 83.05 miles of rail line from Norfolk Southern Railway Company (NS) and its subsidiary, Georgia Southern and Florida Railway Company (GS&F), as follows: (1) From milepost GB 1.0 at Adel, GA, to milepost 77.3 at Perry, FL, in Cook, Lowndes, and Brooks Counties, GA, and Madison and Taylor Counties, FL; and (2) from milepost LO 45.75 at Perry, FL, to milepost 39.0 at Foley, FL, in Taylor County, FL. The transaction was expected to be consummated on or after December 15, 1995. As part of the agreement between the parties, NS and GS&F will acquire incidental trackage rights over a portion of the rail line between milepost GB 1.0, at Adel, GA, and milepost GB 3.0 for the purpose of serving Weyerhaeuser Corp., and any successors exclusively, and serving on a non-exclusive basis industries that subsequently locate on that portion of the rail line. This proceeding is related to Finance Docket No. 32813, H. Peter Claussen and Linda C. Claussen--Continuance in Control Exemption--Live Oak, Perry & Georgia Railroad Company, Inc., where H. Peter and Linda C. Claussen (the Claussens), noncarrier individuals, have concurrently filed a petition for exemption to continue to control LOP&G and seven other rail carriers upon LOP&G's becoming a carrier. Although the Claussens will own all of the outstanding stock of LOP&G, they have placed this stock in an irrevocable voting trust pending Commission action on the petition filed in Finance Docket No. 32813. The Claussens now control through stock ownership seven other rail common carriers: Georgia & Florida Railroad Co., Inc.; Albany Bridge Company; Gulf & Ohio Railways, Inc. (operating under the trade names Mississippi Delta Railroad in Mississippi and Atlantic & Gulf Railroad in Georgia); Wiregrass Central Railroad Company, Inc.; H&S Railroad Company, Inc.; Piedmont & Atlantic Railroad Co., Inc.; and Rocky Mount & Western Railroad Co., Inc. Decided: December 19, 1995. ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Docket No. AB-32 (Sub-No. 64X)] Boston and Maine Corporation--Abandonment Exemption--Rensselaer County, NY Boston and Maine Corporation (B&M) has filed a verified notice under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon the 5.04-mile Bennington Branch line between mileposts 0.00 and 5.04, in Hoosick, Rensselaer County, NY. The notice of exemption published October 25, 1995 (60 FR 54706) did not provide adequate notice of the proposed abandonment (the abandoning railroad was inadvertently identified as CSX Transportation, Inc.). The defect in the notice prevented the exemption from taking effect as originally scheduled. This notice corrects the ministerial error. B&M 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 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 Commission or with any U.S. District Court or has been decided in complainant's favor within the last 2 years; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 and 1152.50(d)(1) (notice to government agencies), and 49 CFR 1105.12 (newspaper publication) have been met. The exemption will be effective on February 4, 1996, unless stayed. Environmental, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. A decision was served on December 12, 1995, imposing conditions addressing concerns expressed by the U.S. Fish and Wildlife Service about the abandonment's effects on wetlands. Decided: December 29, 1995. ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Finance Docket No. 32766] Portland & Western Railroad, Inc.--Lease and Operation Exemption--Burlington Northern Railroad Company ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10505, the Commission exempts Portland & Western Railroad, Inc. (PNWR) from the prior approval requirements of 49 U.S.C. 11343-45 to lease from Burlington Northern Railroad Company (BN) and operate five branch lines totaling approximately 52.94 miles of railroad in Oregon, specifically: (1) 1.96 miles between BN milepost 16.87 near Bowers Junction and BN milepost 18.83 near Bendemeer; (2) 10.77 miles between BN milepost 17.07 at Bowers Junction and BN milepost 27.84 near Banks; (3) 5.60 miles between BN milepost 4.68 near Hillsboro and BN milepost 10.28 near Forest Grove; (4) 1.19 miles between BN milepost 25.52 near St. Marys Junction and BN milepost 26.71 near St. Marys; and (5) 33.42 miles between BN milepost 31.28 near Greton and BN milepost 64.70 near Hopmere, subject to the standard employee protective conditions. BN is also assigning to PNWR 4.2 miles of overhead trackage rights over a line of Port of Tillamook Bay Railroad between Banks and Schefflin that are necessary to connect the BN lines. DATES: The exemption is effective on February 4, 1996. Decided: December 27, 1995. ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Finance Docket No. 32747] Raymond L. Ortman--Continuance in Control Exemption--Winamac Southern Railway Company, Inc. ACTION: Notice of exemption. SUMMARY: The Commission under 49 U.S.C. 10505 exempts from the prior approval requirements of 49 U.S.C. 11343-44 the continuance in control by Raymond L. Ortman of the Winamac Southern Railway Company, Inc. (WSR), subject to standard labor protective conditions. The petition for exemption was filed because of the Ortman family interests in Kokomo Grain Company and Central Properties, Incorporated, which controls Central Railroad Company of Indianapolis and Central Railroad Company of Indiana. In order to insulate himself from unauthorized control during the pendency of this proceeding, Mr. Ortman placed all of his shares of WSR stock into an independent voting trust. DATES: This exemption will be effective on February 4, 1996. Decided: December 27, 1995. ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Docket No. AB-290 (Sub-No. 179X)] Norfolk and Western Railway Company--Abandonment Exemption--in Lynchburg, VA Norfolk and Western Railway Company (N&W), has filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon approximately 0.4 miles of its line of railroad between milepost N- 207.3 to milepost N-207.7 at Lynchburg, VA. N&W has certified that: (1) No local or overhead traffic has moved over the line for at least 2 years; (2) all overhead traffic if there were any, could 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 Commission or with any U.S. District Court or has been decided in favor of the complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 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 5, 1996, unless stayed pending reconsideration. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Decided: December 28, 1995. ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [Docket No. AB-12 (Sub-No. 170X)] Southern Pacific Transportation Company--Abandonment Exemption-- in San Mateo County, CA ACTION: Notice of exemption. SUMMARY: The Commission exempts from the requirements of 49 U.S.C. 10903-06 the abandonment by Southern Pacific Transportation Company of approximately 2.54 miles of rail line, known as the San Bruno Branch, from milepost 10.80, at or near the Baden rail station, to milepost 13.34, at or near the Tanforan rail station, in San Mateo County, CA, subject to standard labor protective conditions. DATES: This exemption will be effective on January 20, 1996. Decided: December 21, 1995.