Week of 3 Apr 2000

Decisions served

1. 7 Apr 2000 EP 582
   (1) GRANTED REQUESTS MADE BY UP AND KCS FOR WAIVER OF THE 10-PAGE RULE OF 49 CFR 1115.5(C); (2) ACCEPTED THE REPLIES FILED BY UP AND KCS FOR FILING AND MADE A PART OF THE RECORD IN THIS PROCEEDING; (3) DENIED THE PETITIONS FOR STAY; AND (4) CLARIFIED THE MARCH 17 DECISION AS DESCRIBED IN THIS DECISION.

   Entire Board · PUBLIC VIEWS ON MAJOR RAIL CONSOLIDATIONS · decision 30975
2. 7 Apr 2000 EP 582
   CORRECTED BY THE BOARD TO REFLECT MINOR EDITORIAL CHANGES TO THE DECISION SERVED LATE RELEASE APRIL 7, 2000.

   Secretary · PUBLIC VIEWS ON MAJOR RAIL CONSOLIDATIONS · decision 30974
3. 7 Apr 2000 SUB 837-H
   DIRECTED CANADIAN NATIONAL/ILLINOIS CENTRAL RAILROAD COMPANY SHALL ACCOUNT FOR DEPRECIATION CHARGES BY APPLYING TO THE LEDGER VALUE OF ROAD AND EQUIPMENT PROPERTY, OWNED AND USED IN ITS OPERATIONS, THE ANNUAL COMPOSITE PERCENTAGE RATES SHOWN HEREIN.

   Accounting Board · THE MATTER OF PRESCRIBING DEPRECIATION RATES FOR THE CANADIAN NATIONAL/ILLINOIS CENTRAL RAILWAY · decision 30969
4. 7 Apr 2000 SUB 837-I
   DIRECTED CANADIAN NATIONAL/ILLINOIS CENTRAL RAILROAD COMPANY SHALL ACCOUNT FOR DEPRECIATION CHARGES BY APPLYING TO THE LEDGER VALUE OF TIES AND BALLAST THE ANNUAL COMPOSITE PERCENTAGE RATES SHOWN HEREIN.

   Accounting Board · THE MATTER OF PRESCRIBING DEPRECIATION RATES FOR THE ILLINOIS CENTRAIL RAILWAY - CANADIAN NATIONAL RAILWAY · decision 30968
5. 7 Apr 2000 FD 33407
   GRANTED ROCHESTER'S MOTION TO STRIKE APPLICANT'S LETTER-REPLY, (2) REJECTED AND DISREGARDED APPLICANT'S LETTER-REPLY IN THIS PROCEEDING, AND (3) DENIED ROCHESTER'S MOTION FOR LEAVE TO FILE A REPLY TO A REPLY AS MOOT AND ITS TENDERED REPLY TO A REPLY IS REJECTED.

   Administrative Law Judge · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 30961
6. 7 Apr 2000 EP 582
   --

   Entire Board · PUBLIC VIEWS ON MAJOR RAIL CONSOLIDATIONS · decision 30952
7. 7 Apr 2000 FD 32000 (Sub-No. 12)
   GRANTED SP'S REQUEST FOR AN EXTENSION TO FILE THEIR APPEAL TO MAY 10, 2000.

   Secretary · RIO GRANDE INDUSTRIES, INC., SPTC HOLDING, INC., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY--CONTROL--SOUTHERN PACIFIC TRANSPORTATION COMPANY (ARBITRATION REVIEW) · decision 30951
8. 7 Apr 2000 FD 33856
   NOTICE THAT HAMMOND GROUP HAVE FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF CCRR AND CKPR, UPON THEIR BECOMING RAIL CARRIERS.

   Director Of Proceedings · COURT HAMMOND, ET AL.--CONTINUANCE IN CONTROL EXEMPTION--COLORADO CENTRAL RAILROAD COMPANY AND COLORADO, KANSAS & PACIFIC RAILWAY COMPANY · decision 30926
9. 7 Apr 2000 FD 33857
   NOTICE THAT CKPR HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31, AGREEING WITH THE CDOT TO LEASE AND INITIATE COMMON CARRIER OPERATIONS OVER AN ABANDONED LINE OF RAILROAD BETWEEN MILEPOST 747.5, NEAR TOWNER, AND MILEPOST 869.4, NEAR NA JUNCTION, IN KIOWA, CROWLEY, AND PUEBLO COUNTIES, CO, A DISTANCE OF APPROXIMATELY 121.9 ROUTE MILES (RAIL LINE).

   Director Of Proceedings · COLORADO, KANSAS & PACIFIC RAILWAY COMPANY--LEASE, OPERATION, AND FUTURE PURCHASE EXEMPTION--COLORADO DEPARTMENT OF TRANSPORTATION · decision 30924
10. 7 Apr 2000 AB 32 (Sub-No. 88X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · BOSTON AND MAINE CORPORATION--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--ROCKINGHAM AND HILLSBOROUGH COUNTIES, NH · decision 30833
11. 7 Apr 2000 SUB 851-F
    (1) INSTRUCTED CSX TO ACCOUNT FOR DEPRECIATION CHARGES BY APPLYING TO THE LEDGER VALUE OF TRACK PROPERTY OWNED AND USED IN ITS OPERATIONS THE ANNUAL PERCENTAGE RATES SHOWN IN THIS DECISION; (2) ORDERED THE RATES TO BE EFFECTIVE JANUARY 1, 1999 TO DECEMBER 31, 2004, OR UNTIL FURTHER ORDER OF THE BOARD; AND CSXT SHALL EFFECT THIS RETROACTIVE APPLICATION OF RATES BY ADJUSTING ITS 1999 ANNUAL ACCRUAL; AND (3) INSTRUCTED CSXT TO AMORTIZE THE VARIANCE BETWEEN BOOK ACCUMULATED DEPRECIATION AND THE CALCULATED GUIDELINE OVER THE COMPOSITE AVERAGE REMAINING LIFE FOR EACH ACCOUNT.

    Accounting Board · THE MATTER OF PRESCRIBING DEPRECIATION RATES FOR CSX TRANSPORTATION INC · decision 30747
12. 6 Apr 2000 SUB 837-I
    FOUND THAT CANADIAN NATIONAL/ILLINOIS CENTRAL RAILROAD COMPANY SHALL ACCOUNT FOR DEPRECIATION CHARGES BY APPLYING TO THE LEDGER VALUE OF TIES AND THE ANNUAL COMPOSITE PERCENTAGE RATES SHOWN HEREIN.

    Accounting Board · THE MATTER OF PRESCRIBING DEPRECIATION RATES FOR THE ILLINOIS CENTRAIL RAILWAY - CANADIAN NATIONAL RAILWAY · decision 30942
13. 6 Apr 2000 AB 439 (Sub-No. 5X)
    MODIFIED THE NOTICE PUBLISHED IN THE FEDERAL REGISTER ON FEBRUARY 17, 2000, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED HEREIN AS REQUESTED, TO CHANGE THE REFERENCED MILEPOST 211.439 TO MILEPOST 211.7, AND THE LINE IS REDECRIBED TO EXTEND FROM MILEPOST 213.024 TO MILEPOST 211.7.

    Director Of Proceedings · DALLAS AREA RAPID TRANSIT--ABANDONMENT EXEMPTION--IN DALLAS COUNTY, TX · decision 30940
14. 6 Apr 2000 MCF 20964
    TENTATIVELY APPROVED AN APPLICATION UNDER 49 U.S.C. 14303 FILED BY LAIDLAW SEEKING APPROVAL OF ITS CONTINUANCE IN CONTROL OF GRAY LINE BECOMING A REGULATED MOTOR CARRIER OF PASSENGERS.

    Entire Board · LAIDLAW INC.--CONTINUANCE IN CONTROL--THE GRAY LINE OF VICTORIA LTD. · decision 30889
15. 6 Apr 2000 SUB 837-H
    FOUND THAT CANADIAN NATIONAL/ILLINOIS CENTRAL RAILROAD COMPANY SHALL ACCOUNT FOR DEPRECIATION CHARGES BY APPLYING TO THE LEDGER VALUE OF ROAD AND EQUIPMENT PROPERTY, OWNED AND USED IN ITS OPERATIONS, THE ANNUAL COMPOSITE PERCENTAGE RATES SHOWN HEREIN.

    Accounting Board · THE MATTER OF PRESCRIBING DEPRECIATION RATES FOR THE CANADIAN NATIONAL/ILLINOIS CENTRAL RAILWAY · decision 30872
16. 5 Apr 2000 AB 556 (Sub-No. 2X)
    DIRECTED RAILROAD VENTURES, INC. TO RESPOND, WITHIN 15 DAYS, TO THIS SHOW CAUSE ORDER, AND TO SERVE A COPY OF ITS RESPONSE ON COLUMBIA COUNTY PORT AUTHORITY. THE ABOVE PROCEEDING IS HELD IN ABEYANCE UNTIL FURTHER OF THE BOARD.

    Entire Board · RAILROAD VENTURES, INC.--ABANDONMENT EXEMPTION--BETWEEN YOUNGSTOWN, OH, AND DARLINGTON, PA, IN MAHONING AND COLUMBIANA COUNTIES, OH, AND BEAVER COUNTY, PA · decision 30943
17. 5 Apr 2000 FD 33854
    NOTICE THAT MDS HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE KANSAS CITY SOUTHERN RAILWAY COMPANY'S OWNERSHIP INTEREST IN, AND TO OPERATE, APPROXIMATELY 54.5 MILES OF RAIL LINE BETWEEN APPROXIMATELY MILEPOST 134.2 AT MERIDIAN, MS, AND APPROXIMATELY MILEPOST 79.7 AT WAYNESBORO, MS, IN CLARKE, LAUDERDALE AND WAYNE COUNTIES, MS.

    Director Of Proceedings · MERIDIAN SOUTHERN RAILWAY, LLC--ACQUISTION AND OPERATION EXEMPTION--LINE OF KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 30931
18. 5 Apr 2000 NOM 41997
    GRANTED THE PETITION TO INTERVENE FILED BY TRANSPORTATION CONSUMER PROTECTION COUNSEL, INC., ON BEHALF OF THE STEEL COMPANY; AND DENIED THE PETITIONS FOR RECONSIDERATION FILED BY NSL AND GCS.

    Entire Board · NSL, INC., V. OWEN EUGENE WHITLOCK, ET AL. · also entered in NOM 41998 · decision 30922
19. 5 Apr 2000 AB 6 (Sub-No. 380X)
    (1) REOPENED THIS PROCEEDING, (2) VACATED THE DECISION AND NOTICE OF INTERIM TRAIL USE OR ABANDONMENT (NITU) SERVED SEPTEMBER 18, 1998, AND (3) ISSUED A REPLACEMENT NITU DESIGNATING THE CITY AS THE NEW TRAIL MANAGER FOR THE ISSAQUAH SEGMENT (AND WITH KING COUNTY CONTINUING AS THE TRAIL MANAGER FOR THE REDMOND SEGMENT EFFECTIVE ON THE SERVICE DATE OF THIS DECISION.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KING COUNTY, WASH. · decision 30898
20. 4 Apr 2000 FD 33860
    NOTICE THAT AATR, HAS FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO OPERATE APPROXIMATELY 162 MILES OF RAIL LINE OWNED BY CMTA BETWEEN MILEPOST AUNW-MPO.O (SPT-MP57.00), WEST OF GIDDINGS, TX, AND MILEPOST AUNW-MP154.07 (SPT MP 99.04), AT LLANO, TX, INCLUDING THE MARBLE FALLS BRANCH (6.43 MILES), THE SCOBEE SPUR (3.3 MILES), AND THE BURNET SPUR (0.93MILES), IN BASTROP, BURNET, LEE, LLANO, TRAVIS AND WILLIAMSON COUNTIES, TX.

    Director Of Proceedings · TRANS-GLOBAL SOLUTIONS, INC. D/B/A AUSTIN AREA TERMINAL RAILROAD-OPERATION EXEMPTION--CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY · decision 30904
21. 3 Apr 2000 FD 33853
    ORDERED THAT BNSF'S REPLY TO CEMEX'S DECLARATORY ORDER PETITION BE KEPT UNDER SEAL AND WILL NOT BE INCLUDED IN THE PUBLIC RECORD.

    Secretary · CEMEX USA -- PETITION FOR DECLARATORY ORDER -- THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 30945
22. 3 Apr 2000 FD 32549 (Sub-No. 22)
    GRANTED THE RAI-12/BNSF-1 MOTION AND EXTENDED THE TIME TO FILE REPLIES TO RAI'S PETITION TO REOPEN BY 30 DAYS AND REPLIES WILL BE DUE ON MAY 5, 2000.

    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 (PETITION TO REOPEN--ROQUETTE AMERICA, INC.) · decision 30944
23. 3 Apr 2000 FD 33820
    DISCONTINUED THE DECLARATORY ORDER PROCEEDING WITH PREJUDICE.

    Secretary · CENTRAL OF TENNESSEE RAILWAY & NAVIGATION COMPANY INCORPORATED DBA THE LONGHORN RAILWAY COMPANY -- PETITION FOR DECLARATORY ORDER · decision 30929
24. 3 Apr 2000 ISM 35007
    DENIED THE PETITION AND STAY FILED BY THE AMERICAN TEXTILE MANUFACTURERS INSTITUTE.

    Entire Board · PROTEST OF NCC ACTION TAKEN NOVEMBER 8 1999 · decision 30903
25. 3 Apr 2000 AB 1 (Sub-No. 208X)
    MODIFIED TO THE EXTENT NECESSARY THE NOTICE OF EXEMPTION PUBLISHED IN THE FEDERAL REGISTER ON JULY 14, 1989, TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING, AS SET FORTH IN THIS DECISION.

    Director Of Proceedings · CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY · decision 30879