Week of 10 Nov 2003

Decisions served

1. 14 Nov 2003 NOR 42072
   PROVIDED INSTRUCTIONS FOR ATTENDANCE AT THE BOARD'S NOVEMBER 19, 2003, ORAL ARGUMENT CONCERNING THIS PROCEEDING.

   Secretary · CAROLINA POWER & LIGHT COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 34209
2. 14 Nov 2003 NOR 41191 (Sub-No. 1)
   GRANTED: AEP TEXAS NORTH COMPANY'S (AEP) SECOND MOTION TO COMPEL PRODUCTION OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S AGREEMENTS RELATED TO THE SALE, LEASE, MAINTENANCE AND/OR OPERATION OF A RAIL LINE BETWEEN STERLING AND WALLACE, NE; AND AEP'S SECOND MOTION TO COMPEL PRODUCTION OF MATERIAL RELATED TO JOINT FACILITIES, EQUIPMENT LEASES, AND REAL ESTATE TRANSACTIONS TO THE EXTENT AGREED UPON BY BOTH PARTIES.

   Secretary · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 34178
3. 14 Nov 2003 AB 124 (Sub-No. 2)
   GRANTED, IN PART, THE MOTION OF THE CANADIAN NATIONAL RAILWAY COMPANY TO COMPEL THE SUBMISSION OF DOCUMENTS FROM THE MONTREAL, MAINE & ATLANTIC RAILWAY, LLC AND THE TRUSTEE OF THE BANKRUPTCY ESTATE OF THE BANGOR AND AROOSTOOK RAILROAD COMPANY.

   Entire Board · WATERLOO RAILWAY COMPANY--ADVERSE ABANDONMENT--LINES OF BANGOR AND AROOSTOOK RAILROAD COMPANY AND VAN BUREN BRIDGE COMPANY IN AROOSTOOK COUNTY, ME · also entered in AB 279 (Sub-No. 3) · decision 34163
4. 14 Nov 2003 AB 857-X
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · GREAT WESTERN RAILWAY OF COLORADO, LLC.--ABANDONMENT EXEMPTION--IN WELD COUNTY, CO · decision 34145
5. 14 Nov 2003 MCF 21004
   TENTATIVELY APPROVED AN APPLICATION UNDER 49 U.S.C. 14303, FILED BY LINCOLNSHIRE EQUITY FUND II, L.P., VSC PARTNERS, LLC, ACL ACQUISITION, LLC AND SOUTHEAST COACH, INC. NONCARRIERS THAT CONTROL SEVERAL MOTOR PASSENGER CARRIERS, TO ACQUIRE CONTROL OF AMERICAN COACH LINES OF MIAMI, INC. A NEWLY FORMED COMPANY.

   Entire Board · LINCOLNSHIRE EQUITY FUND II, L.P., VSC PARTNERS, LLC, ACL ACQUISITION, LLC, AND SOUTHEAST COACH, INC.--CONTROL--AMERICAN COACH LINES OF MIAMI, INC. · decision 34127
6. 14 Nov 2003 NOR 42082
   (1) INSTITUTED A DECLARATORY ORDER PROCEEDING; (2) ORDERED THAT THIS PROCEEDING WILL BE HANDLED UNDER THE MODIFIED PROCEDURE, ON THE BASIS OF WRITTEN STATEMENTS SUBMITTED BY THE PARTIES; AND (3) INSTRUCTED PARTIES TO COMPLY WITH THE RULES OF PRACTICE AT 49 CFR SUBCHAPTER B, INCLUDING PARTS 1112 AND 1114.

   Director Of Proceedings · MARTIN GAS SALES, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF UNION PACIFIC RAILROAD COMPANY · decision 33808
7. 13 Nov 2003 NOR 42056
   ORDERED THAT, WITHIN 30 DAYS AFTER SERVICE OF THIS DECISION, BNSF SHALL REMIT TO TEXAS MUNICIPAL POWER AGENCY REPARATIONS WITH INTEREST AS DETERMINED IN THIS DECISION.

   Secretary · TEXAS MUNICIPAL POWER AGENCY V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34148
8. 13 Nov 2003 FD 34335
   DENIED A MOTION TO COMPEL DISCOVERY RESPONSES FILED BY TP&W.

   Entire Board · KEOKUK JUNCTION RAILWAY COMPANY--FEEDER LINE ACQUISITION--LINE OF TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND HOLLIS, IL · decision 34083
9. 12 Nov 2003 FD 34420
   NOTICE THAT PURSUANT TO A WRITTEN MASTER TRACKAGE RIGHTS AGREEMENT DATED OCTOBER 15, 2003, R.J. CORMAN RAILROAD COMPANY/MEMPHIS LINE (RJCM) HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO CSX TRANSPORTATION, INC. (CSXT) BETWEEN CSXT MILEPOST F-118.74/RJCM MILEPOST LF-118.74 AT MEMPHIS JUNCTION, KY, AND RJCM MILEPOST D-152 AT LEWISBURG, KY, A DISTANCE OF APPROXIMATELY 33 MILES, AND CSXT HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO R.J. CORMAN RAILROAD COMPANY/CENTRAL KENTUCKY LINES, LLC BETWEEN CSXT MILEPOST VB113.81 AT WINCHESTER, KY, CONNECTING TO CSXT'S CC SUBDIVISION AT MILEPOST KC96.1 AND CSXT MILEPOST KC131.0 AT BEREA, KY, A DISTANCE OF APPROXIMATELY 35 MILES.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--TRACKAGE RIGHTS EXEMPTION--R.J. CORMAN RAILROAD COMPANY/MEMPHIS LINE; R.J. CORMAN RAILROAD COMPANY/CENTRAL KENTUCKY LINES, LLC--TRACKAGE RIGHTS EXEMPTION--CSX TRANSPORTATION, INC. · decision 34166
10. 12 Nov 2003 AB 33 (Sub-No. 211X)
    NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 5.38-MILE LINE OF RAILROAD IN THE MILPITAS SUBDIVISION FROM MILEPOST 0.00 NEAR CLARK DRIVE AT NILES JUNCTION TO MILEPOST 5.38 NEAR WASHINGTON BOULEVARD, IN OR NEAR FREEMONT, ALAMEDA COUNTY, CA.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ALAMEDA COUNTY, CA · decision 34157
11. 12 Nov 2003 FD 34426
    NOTICE THAT BNSF HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UP OVER BNSF'S RAIL LINE BETWEEN BNSF MILEPOST 768.89 NEAR DALLAS (FOREST AVENUE), TX, AND BNSF MILEPOST 60.6 NEAR HOUSTON (BELT JUNCTION), TX.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34153
12. 12 Nov 2003 AB 290 (Sub-No. 239X)
    (1) REOPENED THIS PROCEEDING; AND (2) ORDERED THAT THE CONDITIONS RECOMMENDED BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS IN THE EA SHALL BE IMPOSED.

    Director Of Proceedings · THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN NEW ORLEANS, LA · decision 34123
13. 12 Nov 2003 FD 34346
    (1) GRANTED DALLAS AREA RAPID TRANSIT'S MOTION TO DISMISS THE NOTICE OF EXEMPTION, CLAIMING THAT THE TRANSACTION, AS DESCRIBED IN THE NOTICE AS SET FORTH IN THE TRANSFER AGREEMENT, DEED, AND FREIGHT EASEMENT ATTACHED TO ITS MOTION, IS NOT SUBJECT TO THE BOARD'S JURISDICTION; AND (2) DISCONTINUED THE PROCEEDING.

    Entire Board · DALLAS AREA RAPID TRANSIT--ACQUISITION EXEMPTION--CERTAIN ASSETS OF REGIONAL RAIL RIGHT OF WAY COMPANY · decision 33611
14. 12 Nov 2003 FD 34277
    DENIED A PETITION FILED BY H&M REQUESTING THAT THE BOARD INSTITUTE A DECLARATORY ORDER PROCEEDING AND DETERMINE THAT H&M IS NOT A RAIL CARRIER SUBJECT TO THE BOARD'S JURISDICTION.

    Director Of Proceedings · H&M INTERNATIONAL TRANSPORTATION INC -- PETITION FOR DECLARATORY ORDER · decision 33437
15. 10 Nov 2003 FD 30186 (Sub-No. 3)
    DENIED THE MOTION FOR PROTECTIVE ORDER FILED BY TRRC.

    Secretary · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 34196
16. 10 Nov 2003 AB 534 (Sub-No. 2X)
    GRANTED LAKE STATE RAILWAY COMPANY'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL MAY 1, 2004.

    Director Of Proceedings · LAKE STATE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALPENA AND PRESQUE ISLE COUNTIES, MI · decision 34192
17. 10 Nov 2003 AB 857-X
    NOTICE THAT GWRC HAS FILED A NOTICE OF EXEMPTION TO ABANDON ITS EATON SUBDIVISION LOCATED BETWEEN MILEPOST 30.8 NEAR WINDSOR, AND MILEPOST 42.5 NEAR EATON, TOTALING APPROXIMATELY 11.7 MILES, IN WELD COUNTY, CO.

    Director Of Proceedings · GREAT WESTERN RAILWAY OF COLORADO, LLC.--ABANDONMENT EXEMPTION--IN WELD COUNTY, CO · decision 34142
18. 10 Nov 2003 AB 468 (Sub-No. 6X)
    (1) REOPENED THIS PROCEEDING; AND (2) ORDERED THAT THE EXEMPTION OF THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING IS SUBJECT TO THE CONDITION THAT P&L RETAIN ITS INTEREST IN AND TAKE NO STEPS TO ALTER THE HISTORIC INTEGRITY OF THE LINE AND ALL SITES AND STRUCTURES ON THE LINE UNTIL THE COMPLETION OF THE SECTION 106 PROCESS OF THE NATIONAL HISTORIC PRESERVATION ACT, 16 U.S.C. 470F.

    Director Of Proceedings · PADUCAH & LOUISVILLE RAILWAY, INC.--ABANDONMENT EXEMPTION--IN HOPKINS COUNTY, KY · decision 34139
19. 10 Nov 2003 AB 307 (Sub-No. 4X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED THE ENVIRONMENTAL CONDITIONS RECOMMENDED BY SECTION OF ENVIRONMENTAL ANALYSIS IN THE ENVIRONMENTAL ASSESSMENT.

    Director Of Proceedings · WYOMING AND COLORADO RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN ALBANY COUNTY, WY · decision 34119
20. 10 Nov 2003 NOR 42076
    DENIED A PETITION FOR RECONSIDERATION, FILED BY JOHN D. FITZGERALD, UNITED TRANSPORTATION UNION-GENERAL COMMITTEE OF ADJUSTMENT, CLAIMING MATERIAL ERROR IN THE BOARD'S JULY 22, 2003 DECISION AND CITING 49 CFR 1115.3.

    Entire Board · ALBANY & EASTERN RAILROAD COMPANY V. THE BURLINGTON NORTHERN AND SANTA FE RAILROAD COMPANY · decision 33919