Week of 21 Feb 2000

Decisions served

1. 25 Feb 2000 FD 32549
   GRANTED (1) THE PETITION FOR A PROTECTIVE ORDER AND THE PARTIES TO THIS PROCEEDING MUST COMPLY WITH THE PROTECTIVE ORDER IN APPENDIX A, (2) THE MOTION FOR WAIVER (RAI-10) TO LIMIT THE SERVICE LIST TO THE PARTIES DESIGNATED IN APPENDIX B AND THIS PROCEEDING IS DOCKETED AS STB FINANCE DOCKET NO. 32549 (SUB-NO. 22), AND (3) DIRECTED ANY PERSONS WHO DO NOT APPEAR ON THE LIST IN APPENDIX B, BUT WHO ARE INTERESTED IN BEING ON THE STB FINANCE DOCKET NO. 32549 (SUB-NO. 22) SERVICE LIST, MUST SEND WRITTEN NOTIFICATION TO THE BOARD WITH A COPY TO RAI'S REPRESENTATIVE AT THE ADDRESSES NOTED IN THIS DECISION.

   Secretary · BURLINGTON NORTHERN INC. AND BURLINGTON NORTHERN RAILROAD COMPANY--CONTROL AND MERGER--SANTA FE PACIFIC CORPORATION AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY · also entered in FD 32549 (Sub-No. 22) · decision 30854
2. 25 Feb 2000 FD 33819
   NOTICE THAT CSS HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO OPERATE APPROXIMATELY 25.888 MILES OF RAIL LINE TO BE OWNED BY IIDC AS FOLLOWS: (1) A PORTION OF THE MICHIGAN CITY BRANCH LINE FROM MILEPOST 136.0 IN DILLON, IN, TO END OF THE LINE, AT MILEPOST 158.518 IN MICHIGAN CITY, IN; AND (2) APPROXIMATELY 3.37 MILES OF THE SOUTH BEND BRANCH LINE FROM MILEPOST 200.369 IN DILLON, IN, TO EHT END OF THE TRACK IN KINGSBURY, IN.

   Director Of Proceedings · CHICAGO SOUTHSHORE & SOUTH BEND RAILROAD--OPERATION EXEMPTION--ILLINOIS INDIANA DEVELOPMENT COMPANY, LLC · decision 30811
3. 25 Feb 2000 FD 33845
   NOTICE THAT IIDC HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE (BY PURCHASE AGREEMENT) AND OPERATE APPROXIMATELY 25.888 MILES OF RAIL LINE OWNED BY NORFOLK SOUTHERN RAILWAY COMPANY AS FOLLOWS: (1) A PORTION OF THE MICHIGAN CITY BRANCH LINE FROM MILEPOST 136.0 IN DILLON, IN, TO THE END OF THE LINE, AT MILEPOST 158.518 IN MICHIGAN CITY, IN; AND (2) APPROXIMATELY 3.37 MILES OF THE SOUTH BEND BRANCH LINE FROM MILEPOST 200.369 IN DILLON, IN, TO THE END OF THE TRACK IN KINGSBURY, IN.

   Director Of Proceedings · ILLINOIS INDIANIA DEVELOPMENT COMPANY LLC--ACQUISITION AND OPERATION EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 30810
4. 25 Feb 2000 FD 32760 (Sub-No. 36)
   (1) DENIED TCU'S PETITION FOR ENFORCEMENT OF THE O'BRIEN AWARD; AND (2) FOUND THAT THE AWARD IS A VALID EXERCISE OF THE ARBITRATOR'S DISCRETION AND WILL REMAIN IN EFFECT.

   Entire Board · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY (PETITION FOR ENFORCEMENT OF ARBITRATION AWARD) · decision 30680
5. 24 Feb 2000 FD 33388 (Sub-No. 90)
   REVISED THE PROCEDURAL SCHEDULE APPLICABLE TO THE COMMENTS AND REPLIES THAT WILL BE FILED IN THE FIRST PHASE OF THE BUFFALO RATE STUDY (ALSO REFERRED TO AS THE INITIAL 6-MONTH REVIEW PHASE) TO READ AS FOLLOWS: COMMENTS FROM PARTIES OTHER THAN CSX AND NS ARE DUE BY APRIL 12, 2000; AND CSX'S AND NS'S REPLIES TO COMMENTS ARE DUE BY MAY 12, 2000.

   Secretary · CSX CORPORATION AND CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY--CONTROL AND OPERATING LEASES/AGREEMENTS--CONRAIL INC. AND CONSOLIDATED RAIL CORPORATION (BUFFALO RATE STUDY) · decision 30862
6. 24 Feb 2000 FD 33772
   NOTICE THAT MARYLAND AND DELAWARE RAILROAD COMPANY HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE OWNERSHIP RIGHTS IN APPROXIMATELY 26.7 MILES OF RAIL LINE FROM THE SHSA BETWEEN APPROXIMATELY MILEPOST 39, IN FRANKFORD, SUSSEX COUNTY, DE, AND APPROXIMATELY MILEPOST 65.7, IN SNOW HILL, WORCESTER COUNTY, MD.

   Director Of Proceedings · MARYLAND AND DELAWARE RAILROAD COMPANY--ACQUISITION EXEMPTION--SNOW HILL SHIPPERS ASSOCIATION, INC. · decision 30850
7. 23 Feb 2000 EP 627
   (1) DENIED THE UNITED TRANSPORTATION UNION-ILLINOIS LEGISLATIVE (UTU-IL) BOARD'S PETITION FOR STAY, AND (2) REVERSED THE ASSESSMENT OF A $150 FEE FOR APPEALING THE ASSESSMENT OF AN EARLIER FEE BUT RETAINED AS AN OFFSET TO UNPAID COURT COSTS OWED BY UTU-LL TO THE BOARD

   Entire Board · MARKET DOMINANCE DETERMINATIONS--PRODUCT AND GEOGRAPHIC COMPETITION · decision 30857
8. 23 Feb 2000 AB 33 (Sub-No. 129X)
   GRANTED INHF'S REQUEST TO EXTEND THE NEGOTIATION PERIOD UNDER THE NITU UNTIL AUGUST 28, 2000.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DALLAS AND GUTHRIE COUNTIES, IA (PERRY BRANCH AND YALE SPUR) · decision 30848
9. 23 Feb 2000 FD 33849
   NOTICE THAT COLORADO HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO OPERATE APPROXIMATELY 8.9 MILES OF RAIL LINE CURRENTLY OWNED BY YREKA, BETWEEN MILEPOST 0.0 IN MONTAGUE AND MILEPOST 8.9 NEAR YREKA, IN SISKIYOU COUNTY, CA.

   Director Of Proceedings · COLORADO CENTRAL RAILROAD COMPANY--OPERATION EXEMPTION--YREKA WESTERN RAILROAD COMPANY · decision 30801
10. 22 Feb 2000 AB 534 (Sub-No. 2X)
    NOTICE THAT LAKE STATE FILED WITH THE BOARD A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON: (1) A PORTION OF ITS MAIN LINE HURON SUBDIVISION EXTENDING FROM THE U. S. HIGHWAY 23 CROSSING IN ALPENA NORTHWARD TO THE END OF THE MAIN LINE JUST NORTH OF METZ, MI; AND (2) ITS ENTIRE ROGERS CITY BRANCH , WHICH EXTENDS NORTHWARD FROM LAKE STATE'S MAIN LINE AT POSEN, MI, TO ROGERS CITY, MI, WHERE IT ENDS AT RCB MILEPOST 11.5.

    Director Of Proceedings · LAKE STATE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALPENA AND PRESQUE ISLE COUNTIES, MI · decision 30821
11. 22 Feb 2000 AB 439 (Sub-No. 5X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · DALLAS AREA RAPID TRANSIT--ABANDONMENT EXEMPTION--IN DALLAS COUNTY, TX · decision 30805
12. 22 Feb 2000 SUB 851-E
    (1) DIRECTED CSXT TO ACCOUNT FOR DEPRECIATION CHARGES BY APPLYING TO THE LEDGER VALUE OF ROAD PROPERTY OWNED AND USED IN ITS OPERATIONS; AND (2) ORDERED CSXT TO CONTINUE TO AMORTIZE OVER 10 YEARS THE VARIANCE BETWEEN BOOK ACCUMULATED DEPRECIATION AND THE CALCULATED GUIDELINE FOR EACH ACCOUNT.

    Accounting Board · THE MATTER OF PRESCRIBING DEPRECIATION RATES FOR USE IN COMPUTING DEPRECIATION CHARGES FOR RAILROADS ISSUED TO CSX TRANSPORTATION INC · decision 30748
13. 22 Feb 2000 SUB 851-D
    (1) DIRECTED CSXT TO ACCOUNT FOR DEPRECIATION CHARGES BY APPLYING TO THE LEDGER VALUE OF EQUIPMENT PROPERTY; AND (2) ORDERED CSXT TO CONTINUE TO AMORTIZE OVER 10 YEARS THE VARIANCE BETWEEN BOOK ACCUMULATED DEPRECIATION AND THE CALCULATED GUIDELINE FOR EACH SUBACCOUNT.

    Accounting Board · THE MATTER OF PRESCRIBING DEPRECIATION RATES FOR USE IN COMPUTING DEPRECIATION CHARGES FOR RAILROADS ISSUED TO CSX TRANSPORTATION, INC. · decision 30685