Week of 15 Mar 2004

Decisions served

1. 19 Mar 2004 FD 34479
   (1) GRANTED A PETITION FILED BY ARKANSAS MIDLAND RAILROAD COMPANY (AKMD), SEEKING AN EMERGENCY SERVICE ORDER AUTHORIZING IT TO PROVIDE INTERIM RAIL SERVICE ON A UNION PACIFIC RAILROAD COMPANY-OWNED LINE (THE LINE) FOR 30 DAYS UNDER THE PROVISIONS OF 49 CFR 1146; AND (2) ORDERED THAT AKMD MAY COMMENCE OPERATIONS ONCE IT CERTIFIES TO THE BOARD THAT THE LINE HAS BEEN REPAIRED AND CAN BE OPERATED SAFELY.

   Entire Board · ARKANSAS MIDLAND RAILROAD COMPANY, INC.--ALTERNATIVE RAIL SERVICE--LINE OF DELTA SOUTHERN RAILROAD, INC. · decision 34590
2. 19 Mar 2004 EP 290 (Sub-No. 5)
   APPROVED THE SECOND QUARTER 2004 RAIL COST ADJUSTMENT FACTOR (RCAF) AND COST INDEX FILED BY THE ASSOCIATION OF AMERICAN RAILROADS. THE SECOND QUARTER 2004 RCAF (UNADJUSTED) IS 1.033. THE SECOND QUARTER 2004 RCAF (ADJUSTED) IS 0.518. THE SECOND QUARTER 2004 RCAF-5 IS 0.493.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 34588
3. 19 Mar 2004 AB 855 (Sub-No. 1X)
   POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION AUTHORIZING THE ABANDONMENT IN ORDER TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 TO PROCEED.

   Director Of Proceedings · A & R LINE, INC.--ABANDONMENT EXEMPTION--IN CASS AND PULASKI COUNTIES, IND. · decision 34585
4. 19 Mar 2004 AB 43 (Sub-No. 173X)
   GRANTED PEARL & LEAF RIVERS RAILS-TO-TRAILS RECREATIONAL DISTRICT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL SEPTEMBER 18, 2004.

   Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FORREST COUNTY, MS · decision 34550
5. 19 Mar 2004 AB 55 (Sub-No. 646X)
   NOTICE THAT CSXT FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM 49 U.S.C. 10903 TO ABANDON A LINE OF RAILROAD IN ITS SOUTHERN REGION, JACKSONVILLE DIVISION, CLEARWATER SUBDIVISION, EXTENDING FROM MILEPOST SY 893.80 TO MILEPOST SY 895.65, IN ST. PETERSBURG, PINELLAS COUNTY, FL.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PINELLAS COUNTY, FL · decision 34520
6. 19 Mar 2004 FD 34475
   NOTICE THAT WATCO HAS FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF GNR, UPON GNR'S BECOMING A CLASS III RAIL CARRIER.

   Director Of Proceedings · WATCO COMPANIES, INC.--CONTINUANCE IN CONTROL EXEMPTION--GREAT NORTHWEST RAILROAD, INC. · decision 34503
7. 19 Mar 2004 FD 34474
   NOTICE THAT GREAT NORTHWEST RAILROAD, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM CAMAS PRAIRIE RAILNET, INC. AND OPERATE APPROXIMATELY 179 MILES OF RAIL LINE.

   Director Of Proceedings · GREAT NORTHWEST RAILROAD, INC. --ACQUISITION EXEMPTION--CAMAS PRAIRIE RAILNET, INC. · decision 34498
8. 19 Mar 2004 FD 34473
   NOTICE THAT CSX, NS, AND CONRAIL FILED A NOTICE FOR A MODIFIED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE OVER CERTAIN PORTIONS OF THE ABANDONED TRACK OF THE FORMER STATEN ISLAND RAILWAY CORPORATION IN NEW YORK AND NEW JERSEY LYING GENERALLY BETWEEN THE CHEMICAL COAST SECONDARY LINE AND POINTS ON STATEN ISLAND, NY.

   Director Of Proceedings · CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, AND CONSOLIDATED RAIL CORPORATION--MODIFIED RAIL CERTIFICATE · decision 34481
9. 19 Mar 2004 NOR 41191
   GRANTED AEP TEXAS NORTH COMPANY'S PETITION TO VACATE THE CURRENT RATE PRESCRIPTION GOVERNING UNIT-TRAIN MOVEMENTS OF COAL BY THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FROM THE RAWHIDE MINE IN THE POWDER RIVER BASIN OF WYOMING TO THE OKLAUNION GENERATING STATION, A COAL-FIRED ELECTRICITY GENERATING PLANT IN VERNON, TX.

   Entire Board · WEST TEXAS UTILITIES COMPANY V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34427
10. 19 Mar 2004 NOR 41191 (Sub-No. 1)
    DENIED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (BNSF) MOTION TO DISMISS AEP TEXAS NORTH COMPANY'S COMPLAINT THAT ALLEGES THAT BNSF POSSESSES MARKET DOMINANCE OVER THE TRAFFIC AND REQUESTS THAT MAXIMUM REASONABLE RATES BE PRESCRIBED ALONG WITH OTHER RELIEF.

    Entire Board · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 34279
11. 18 Mar 2004 NOR 42057
    INSTRUCTED THE PARTIES THAT POST-ARGUMENT BRIEFS ARE NOT TO EXECEED 25 PAGES IN LENGTH AND ARE DUE BY APRIL 5, 2004. POST-ARGUMENT REPLY BRIEFS NOT TO EXCEED 15 PAGES AND ARE DUE BY APRIL 12, 2004.

    Secretary · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 34589
12. 18 Mar 2004 FD 34463
    NOTICE THAT PORTAGE COUNTY BOARD OF COMMISSIONERS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM THE PORTAGE PRIVATE INDUSTRY COUNCIL, INC., APPROXIMATELY 7.23 MILES OF RAIL LINE (AND CONNECTING SIDE TRACKS) FORMERLY KNOWN AS CONRAIL'S FREEDOM SECONDARY LINE BETWEEN MILEPOST 190.04+, NEAR KENT, AND MILEPOST 182.82+, NEAR RAVENNA, IN PORTAGE COUNTY, OH.

    Director Of Proceedings · PORTAGE COUNTY BOARD OF COMMISSIONERS -- ACQUISITION EXEMPTION -- PORTAGE PRIVATE INDUSTRY COUNCIL, INC · decision 34507
13. 18 Mar 2004 AB 156 (Sub-No. 24X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED FIVE ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · DELAWARE AND HUDSON RAILWAY COMPANY, INC.,D/B/A CANADIAN PACIFIC RAILWAY, COMPANY--ABANDONMENT EXEMPTION--IN ALBANY COUNTY, NY · decision 34455
14. 18 Mar 2004 FD 30186 (Sub-No. 3)
    DENIED THE APPEAL FILED BY THE UNITED TRANSPORTATION UNION-GENERAL COMMITTEE OF ADJUSTMENT AND THE UNITED TRANSPORTATION UNION-MONTANA STATE LEGISLATIVE BOARD ASKING THE BOARD TO REVISE THE AMENDED FINAL SCOPE OF THE SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT SERVED BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS ON AUGUST 22, 2003.

    Entire Board · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 33975
15. 17 Mar 2004 AB 491 (Sub-No. 1X)
    GRANTED CLEARFIELD COUNTY RAILS TO TRAILS ASSOCIATION'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL SEPTEMBER 14, 2004.

    Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES, INC.--ABANDONMENT EXEMPTION--IN CLEARFIELD AND CENTRE COUNTIES, PA · decision 34505
16. 17 Mar 2004 AB 290 (Sub-No. 232X)
    (1) REOPENED THIS PROCEEDING; (2) ACCEPTED THE LATE-FILED REQUEST FOR A NITU UNDER 16 U.S.C. 1247(D) AND FOR A PUBLIC USE CONDITION UNDER 49 U.S.C. 10905; (3) MODIFIED THE DECISION SERVED ON DECEMBER 31, 2001, EXEMPTING ABANDONMENT OF A 2.8-MILE LINE OF RAILROAD BETWEEN MILEPOST OH-0.0 AT OAK HILL AND MILEPOST 0H-2.8 AT CARLISLE, IN FAYETTE COUNTY, WV, TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING, FOR A PERIOD OF 180 DAYS FROM THE SERVICE DATE OF THIS DECISION AND NOTICE, UNTIL SEPTEMBER 13, 2004; AND (4) DENIED THE REQUEST FOR A PUBLIC USE CONDITION.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FAYETTE COUNTY, WV · decision 34501
17. 17 Mar 2004 AB 468 (Sub-No. 5X)
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE JUNE 20, 2003 DECISION.

    Director Of Proceedings · PADUCAH & LOUISVILLE RAILWAY, INC.--ABANDONMENT EXEMPTION--IN MCCRACKEN COUNTY, KY · decision 34315
18. 16 Mar 2004 AB 347 (Sub-No. 3X)
    NOTICE THAT FWCR FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON AND DISCONTINUE SERVICE OVER AN APPROXIMATELY 13-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST 734.0, IN TRENTON, TO MILEPOST 721.0, IN NEWBERRY, IN ALACHUA AND GILCHRIST COUNTIES, FL.

    Director Of Proceedings · FLORIDA WEST COAST RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN ALACHUA AND GILCHRIST COUNTIES, FL · decision 34510
19. 16 Mar 2004 AB 6 (Sub-No. 406X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN RENO COUNTY, KS · decision 34494
20. 16 Mar 2004 AB 355 (Sub-No. 29X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED TWO ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · SPRINGFIELD TERMINAL RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN MIDDLESEX COUNTY, MA · also entered in AB 32 (Sub-No. 97X) · decision 34484
21. 16 Mar 2004 AB 468 (Sub-No. 5X)
    DENIED BORAL BRICKS, INC.'S PETITION TO REOPEN THE BOARD'S JUNE 20, 2003 DECISION GRANTING AN ABANDONMENT EXEMPTION.

    Entire Board · PADUCAH & LOUISVILLE RAILWAY, INC.--ABANDONMENT EXEMPTION--IN MCCRACKEN COUNTY, KY · decision 33895
22. 15 Mar 2004 FD 34483
    GRANTED SMS RAIL SERVICE, INC.'S MOTION FOR A PROTECTIVE ORDER AND THE PROTECTIVE ORDER AND UNDERTAKINGS IN THE APPENDIX TO THIS DECISION ARE ADOPTED.

    Secretary · SMS RAIL SERVICE, INC.--PETITION FOR DECLARATORY ORDER · decision 34545
23. 15 Mar 2004 AB 33 (Sub-No. 206X)
    GRANTED STORY AND POLK COUNTY CONSERVATION BOARDS AND THE IOWA NATURAL HERITAGE FOUNDATION'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO SEPTEMBER 2, 2004.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN POLK AND STORY COUNTIES, IA · decision 34541
24. 15 Mar 2004 AB 33 (Sub-No. 112X)
    (1) REOPENED THIS PROCEEDING; AND (2) VACATED THE NITU SERVED MARCH 15, 2001 WITH RESPECT TO THAT PORTION OF THE LINE BETWEEN APPROXIMATELY MILEPOST 493.29 AND THE END OF THE LINE AT APPROXIMATELY MILEPOST 492.88 AND THE CITY OF LINCOLN WILL CONTINUE INTERIM TRAIL USE/RAIL BANKING OVER THE REMAINING PORTIONS OF THE UP LINE, AND UP MAY FULLY ABANDON THAT PORTION OF THE LINE FOR WHICH THE NITU HAS BEEN VACATED.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LANCASTER COUNTY, NE · decision 34513
25. 15 Mar 2004 AB 167 (Sub-No. 1094A)
    (1) DENIED AN APPEAL BY FORTY PLUS FOUNDATION AND MANHATTAN CENTRAL RAILWAY SYSTEM, LLC, OF THE BOARD'S DECISION SERVED ON OCTOBER 7, 2003, WHICH GRANTED THE JOINT REQUEST OF THE CITY OF NEW YORK AND CHELSEA PROPERTY OWNERS AND ORDERED THIS PROCEEDING BE HELD IN ABEYANCE FOR 90 DAYS, UNTIL JANUARY 5, 2004; AND (2) AFFIRMED THE DECISION OF JANUARY 7, 2004, WHICH EXTENDED BY 90 DAYS THE PERIOD DURING WHICH THE PROCEEDING IS HELD IN ABEYANCE.

    Entire Board · CHELSEA PROPERTY OWNERS--ABANDONMENT--PORTION OF THE CONSOLIDATED RAIL CORPORATION'S WEST 30TH STREET SECONDARY TRACK IN NEW YORK, NY · decision 34400