Week of 8 Mar 2004

Decisions served

1. 12 Mar 2004 FD 34481
   GRANTED HORSEHEAD CORPORATION'S PETITION FOR EXEMPTION TO ACQUIRE AND OPERATE A 6.6-MILE LINE OF RAILROAD IN CARBON COUNTY, PA, THAT WAS FORMERLY OPERATED BY THE CHESTNUT RIDGE RAILWAY COMPANY RETROACTIVE BACK TO DECEMBER 23, 2003, THE DATE HORSEHEAD CORPORATION ACTUALLY ACQUIRED THE LINE.

   Entire Board · HORSEHEAD CORPORATION--PETITION FOR ACQUISITION AND OPERATION EXEMPTION--CHESTNUT RIDGE RAILWAY COMPANY · decision 34577
2. 12 Mar 2004 FD 34478
   NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER A BNSF RAIL LINE BETWEEN BNSF MILEPOST 5.7 NEAR VILLARD JUNCTION, WA, AND BNSF MILEPOST 11.98 NEAR LAKESIDE JUNCTION, WA.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34506
3. 12 Mar 2004 MCF 21005
   NOTICE THAT COACH USA, INC. (COACH), FILED A VERIFIED NOTICE OF EXEMPTION UNDER THE BOARD'S CLASS EXEMPTION PROCEDURES AT 49 CFR 1182.9. UNDER THE PROPOSED TRANSACTION, COACH WILL TRANSFER EQUAL SHARES OF COACH USA ADMINISTRATION, INC. A NONCARRIER SUBSIDIARY OF COACH THAT IS INCORPORATED IN NEVADA, TO TWO UNITED KINGDOM ENTITIES, SCUSI LIMITED AND SCOTO LIMITED, NONCARRIERS THAT CURRENTLY ARE GENERAL PARTNERS IN STAGECOACH NEVADA, COACH'S CURRENT IMMEDIATE PARENT COMPANY.

   Director Of Proceedings · COACH USA, INC.--INTRA-CORPORATE FAMILY TRANSACTION EXEMPTION · decision 34471
4. 12 Mar 2004 EP 650
   AMENDED THE APPELLATE PROCEDURES AND INFORMAL COMPLAINTS REGULATIONS TO CHANGE INCORRECT CITATION IN 49 CFR PARTS 1115 AND 1130.

   Entire Board · REVISION OF APPELLATE PROCEDURES AND INFORMAL COMPLAINTS REGULATIONS · decision 34461
5. 12 Mar 2004 FD 34468
   NOTICE THAT ATLANTIC WESTERN TRANSPORTATION, INC. HAS FILED AN AMENDED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF GEORGIA MIDLAND RAILROAD, INC. (GMR), UPON GMR'S BECOMING A RAIL CARRIER.

   Director Of Proceedings · ATLANTIC WESTERN TRANSPORTATION, INC.--CONTINUANCE IN CONTROL EXEMPTION--GEORGIA MIDLAND RAILROAD, INC. · decision 34459
6. 12 Mar 2004 FD 34467
   NOTICE THAT HEART OF GEORGIA RAILROAD, INC. HAS FILED AN AMENDED NOTICE OF EXEMPTION FROM 49 U.S.C. 10902 TO ACQUIRE BY SUBLEASE FROM OGEECHEE RAILWAY COMPANY AND OPERATE A RAIL LINE BETWEEN MILEPOST 194.64 AT OR NEAR MIDVILLE, GA AND MILEPOST 152.2 NEAR VIDALIA, GA, A DISTANCE OF APPROXIMATELY 42.4 MILES.

   Director Of Proceedings · HEART OF GEORGIA RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION--OGEECHEE RAILWAY COMPANY · decision 34458
7. 12 Mar 2004 FD 34466
   NOTICE THAT GEORGIA MIDLAND RAILROAD, INC. FILED AN AMENDED NOTICE OF EXEMPTION TO ACQUIRE BY SUBLEASE FROM OGEECHEE RAILWAY COMPANY AND OPERATE THE FOLLOWING LINES: (1) THE PERRY LINE BETWEEN (A) MILEPOST 90.44-FV AT OR NEAR ROBERTA, GA, AND MILEPOST 105.30-FV AT OR NEAR FORT VALLEY, GA, A DISTANCE OF APPROXIMATELY 14.86 MILES; AND (B) BETWEEN MILEPOST N219.70 AT OR NEAR FORT VALLEY, GA, AND MILEPOST 232.60 AT OR NEAR PERRY, GA, A DISTANCE OF APPROXIMATELY 12.9; (2) THE METTER LINE BETWEEN MILEPOST W-57.50 AT OR NEAR DOVER, GA, AND MILEPOST W-86.70 AT OR NEAR METTER, GA, A DISTANCE OF APPROXIMATELY 29.2 MILES; AND (3) THE SYLVANIA LINE BETWEEN MILEPOST SA-36.4 AT OR NEAR ARDMORE, GA, AND MILEPOST SA-57.5 AT OR NEAR SYLVANIA, GA, A DISTANCE OF APPROXIMATELY 21.1 MILES.

   Director Of Proceedings · GEORGIA MIDLAND RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION--OGEECHEE RAILWAY COMPANY · decision 34457
8. 11 Mar 2004 NOR 42057
   NOTICE OF PROCEDURES FOR ADMITTANCE TO AND SCHEDULE OF APPEARANCES FOR THE SURFACE TRANSPORTATION BOARD'S ORAL ARGUMENT ON MARCH 18, 2004.

   Secretary · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 34555
9. 11 Mar 2004 FD 34479
   (1) INSTRUCTED DELTA SOUTHERN RAILROAD COMPANY (DELTA), TO CERTIFY TO THE BOARD AND TO ALL SHIPPERS AND PARTIES THAT IT HAS TAKEN ALL STEPS NECESSARY AND IS FULLY SERVING ALL CUSTOMERS ON THE LINE BY MARCH 18, 2004; (2) ORDERED THAT IN THE EVENT DELTA DOES NOT COMPLY WITH THE CERTIFICATION REQUIREMENT, ARKANSAS MIDLAND RAILROAD COMPANY'S (AKMD), PETITION WILL BE GRANTED; AND (3) CONCLUDED THAT A DECISION WILL BE ISSUED, STATING EITHER THAT DELTA IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS DECISION OR THAT AKMD MAY COMMENCE OPERATIONS ON THE LINE UNDER THE EMERGENCY SERVICE PROVISIONS IN 49 CFR 1146.

   Entire Board · ARKANSAS MIDLAND RAILROAD COMPANY, INC.--ALTERNATIVE RAIL SERVICE--LINE OF DELTA SOUTHERN RAILROAD, INC. · decision 34496
10. 11 Mar 2004 AB 6 (Sub-No. 406X)
    NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A LINE OF RAILROAD BETWEEN BNSF MILEPOST 0.62 AND MILEPOST 3.50, NEAR SOUTH HUTCHINSON, IN RENO COUNTY, KS, A DISTANCE OF APPROXIMATELY 2.88 MILES.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN RENO COUNTY, KS · decision 34493
11. 11 Mar 2004 FD 34472
    NOTICE THAT COLUMBIA BASIN RAILROAD COMPANY, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE BY LEASE AND TO OPERATE APPROXIMATELY 14 MILES OF RAIL LINE OWNED BY CLARK COUNTY, WA, BETWEEN MILEPOST 0.0 AT VANCOUVER JUNCTION, WA, AND MILEPOST 14.1 AT BATTLE GROUND, WA.

    Director Of Proceedings · COLUMBIA BASIN RAILROAD COMPANY, INC.--LEASE AND OPERATION EXEMPTION--CLARK COUNTY, WA · decision 34482
12. 10 Mar 2004 FD 27590 (Sub-No. 3)
    EXTENDED THE DEADLINE FOR SUBMISSION OF COMMENTS RESPONSIVE TO TTX COMPANY'S APPLICATION UNTIL APRIL 12, 2004, AND IF COMMENTS ARE FILED, THE REBUTTAL WILL BE DUE BY MAY 12, 2004.

    Secretary · TTX COMPANY--APPLICATION FOR APPROVAL OF POOLING OF CAR SERVICE WITH RESPECT TO FLATCARS · decision 34544
13. 10 Mar 2004 AB 290 (Sub-No. 168X)
    (1) REOPENED THIS PROCEEDING; (2) ACCEPTED THE LATE-FILED REQUEST FOR A NITU UNDER 16 U.S.C. 1247(D); AND (3) MODIFIED THE DECISION AND NOTICE SERVED ON MAY 14, 1996, TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING, FOR THE PORTION OF THE LINE EXTENDING BETWEEN MILEPOST I-75.5 NEAR PERU AND MILEPOST I-95.6 AT OR NEAR ROCHESTER, FOR A PERIOD OF 180 DAYS FROM THE SERVICE DATE OF THIS DECISION AND NOTICE (UNTIL SEPTEMBER 6, 2004).

    Director Of Proceedings · NORFOLK AND WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--BETWEEN KOKOMO AND ROCHESTER IN HOWARD, MIAMI, AND FULTON COUNTIES, IN · decision 34485
14. 10 Mar 2004 AB 859 (Sub-No. 1X)
    REOPENED THIS PROCEEDING TO IMPOSE SEVEN ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · PENNSYLVANIA LINES LLC--ABANDONMENT EXEMPTION--IN NORTHAMPTON COUNTY, PA · decision 34475
15. 10 Mar 2004 AB 864-X
    (1) REOPENED THIS PROCEEDING; (2) MODIFIED THE NOTICE SERVED ON FEBRUARY 10, 2004 TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AND TO PERMIT PUBLIC USE NEGOTIATIONS AS SET FORTH FOR THAT PORTION OF THE LINE BETWEEN THE EAST COUNTY LINE AND THE WEST COUNTY LINE OF CARVER COUNTY, FOR A PERIOD OF 180 DAYS COMMENCING FROM THE MARCH 11, 2004 EFFECTIVE DATE OF THE EXEMPTION (UNTIL SEPTEMBER 7, 2004); AND (3) IMPOSED FIVE ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY--ABANDONMENT EXEMPTION--IN MCLEOD, CARVER AND HENNEPIN COUNTIES, MN · decision 34470
16. 10 Mar 2004 FD 34400
    NOTICE THAT SONOMA-MARIN AREA RAIL TRANSIT DISTRICT FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE THE REAL ESTATE AND RAIL FACILITIES AND TRACKAGE FROM NORTHWESTERN PACIFIC RAILROAD AUTHORITY COMPRISING A LINE OF RAILROAD THAT EXTENDS FROM NORTHWESTERN PACIFIC RAILROAD COMPANY MILEPOST 68.2 AT HEALDSBURG, CA, TO SOUTHERN PACIFIC TRANSPORTATION COMPANY MILEPOST 63.4 AT LOMBARD STATION, NAPA COUNTY, CA, VIA SCHELLVILLE (NWP MILEPOST 40.6/SP MILEPOST 72.59), A DISTANCE OF APPROXIMATELY 66.85 MILES.

    Director Of Proceedings · SONOMA-MARIN AREA RAIL TRANSIT DISTRICT--ACQUISITION EXEMPTION--NORTHWESTERN PACIFIC RAILROAD AUTHORITY · decision 34462
17. 9 Mar 2004 FD 34395
    PROVIDES NOTICE OF THE AVAILABILITY OF THE ENVIRONMENTAL ASSESSMENT IN THIS PROCEEDING AND INVITED PUBLIC COMMENT FROM ALL INTERESTED PARTIES.

    Chief Of Section Of Environmental Analysis · CITY OF PEORIA IL, D/B/A PEORIA, PEORIA HEIGHTS AND WESTERN RAILROAD--CONSTRUCTION OF CONNECTING TRACK EXEMPTION--IN PEORIA COUNTY, IL · decision 34523
18. 9 Mar 2004 FD 34395
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT EVALUATING PPHW'S VERIFIED NOTICE OF EXEMPTION TO CONSTRUCT APPROXIMATELY 1,800 FEET OF TRACK IN PEORIA, PEORIA COUNTY, IL.

    Chief Of Section Of Environmental Analysis · CITY OF PEORIA IL, D/B/A PEORIA, PEORIA HEIGHTS AND WESTERN RAILROAD--CONSTRUCTION OF CONNECTING TRACK EXEMPTION--IN PEORIA COUNTY, IL · decision 34512
19. 9 Mar 2004 FD 34470
    NOTICE THAT, PURSUANT TO A TRACKAGE RIGHTS AGREEMENT DATED FEBRUARY 10, 2004, BETWEEN NORFOLK SOUTHERN RAILWAY COMPANY (NSR) AND WESTERN NEW YORK & PENNSYLVANIA RAILROAD, LLC (WNYP), WNYP HAS AGREED TO GRANT NSR OVERHEAD TRACKAGE RIGHTS OVER A LINE OF RAILROAD BETWEEN HORNELL, NY, AND MEADVILLE, PA, MILEPOSTS OS332.0-OS394.9, OS395.2-OS414.0, SA1.4-SA47.0, CE0.0-CE13.2, AND SA56.3-SA102.3, WITH INGRESS AND EGRESS RIGHTS AT HORNELL, NY, OLEAN, NY, CORRY, PA, AND MEADVILLE, PA, A DISTANCE OF APPROXIMATELY 186.5 MILES.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--WESTERN NEW YORK & PENNSYLVANIA RAILROAD, LLC · decision 34488
20. 9 Mar 2004 AB 55 (Sub-No. 645X)
    (1) REOPENED THIS PROCEEDING; (2) ACCEPTED THE LATE-FILED REQUEST FOR A NITU UNDER 16 U.S.C. 1247(D) AND A PUBLIC CONDITION UNDER 49 U.S.C. 10905; AND (3) IMPOSED INTERIM TRAIL USE/RAIL BANKING, PUBLIC USE, AND TWO ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FLOYD COUNTY, KY · decision 34477
21. 9 Mar 2004 AB 12 (Sub-No. 148X)
    (1) REOPENED THIS PROCEEDING; (2) VACATED THE NITU SERVED IN THIS PROCEEDING ON JULY 14, 1994 WITH RESPECT TO THE LINE SEGMENT BETWEEN MILEPOST 94.89 AND MILEPOST 104.20; (3) NOTED THAT UNION PACIFIC RAILROAD COMPANY MAY FULLY ABANDON THAT PORTION OF THE LINE; AND (4) HELD THAT TEXAS DEPARTMENT OF TRANSPORTATION WILL REMAIN AS THE TRAIL USER FOR THE REMAINDER OF THE RIGHT-OF-WAY.

    Director Of Proceedings · SOUTHERN PACIFIC TRANSPORTATION COMPANY--ABANDONMENT EXEMPTION--IN TYLER, JASPER, AND ANGELINA COUNTIES, TX · decision 34476