Week of 20 Dec 2004

Decisions served

1. 23 Dec 2004 AB 55 (Sub-No. 579X)
   EXTENDED THE NITU NEGOTIATION PERIOD UNTIL JUNE 20, 2005, AND EXTENDED THE TIME FOR CSXT TO CONSUMMATE THE ABANDONMENT AND TO FILE A NOTICE OF CONSUMMATION IN THIS PROCEEDING TO ON OR BEFORE AUGUST 19, 2005.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PARKE AND VERMILLION COUNTIES, IN · decision 35466
2. 23 Dec 2004 NOR 42088
   GRANTED THE REQUEST OF CLYDE J. HART, JR., TO EXTEND THE MEDIATION PERIOD FOR THIS PROCEEDING THROUGH JANUARY 31, 2005.

   Entire Board · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · decision 35465
3. 23 Dec 2004 AB 55 (Sub-No. 606X)
   EXTENDED THE TIME FOR CSX TRANSPORTATION, INC. TO CONSUMMATE THE ABANDONMENT AND TO FILE A NOTICE OF CONSUMMATION IN THIS PROCEEDING UNTIL JUNE 30, 2005.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALLEGHENY COUNTY, PA · decision 35462
4. 23 Dec 2004 MCF 21009-TA
   GRANTED CUSA PCSTC, LLC d/b/a PACIFIC COST SIGHTSEEING TOURS & CHARTERS, A MOTOR PASSENGER CARRIER, INTERIM APPROVAL TO ACQUIRE CONTROL AND OPERATE CERTAIN ASSETS OF ROESCH LINES, A SUBSIDIARY OF LAIDLAW TRANSIT SERVICES, INC., UNDER 49 U.S.C. 14303(i).

   Entire Board · CUSA PCSTC, LLC d/b/a PACIFIC COAST SIGHTSEEING TOURS & CHARTERS--ACQUISITION OF ASSETS AND BUSINESS OPERATIONS--LAIDLAW TRANSIT SERVICES, INC. d/b/a ROESCH LINES · decision 35456
5. 23 Dec 2004 AB 6 (Sub-No. 400X)
   EXTENDED THE TIME FOR THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO CONSUMMATE THE ABANDONMENT AND TO FILE A NOTICE OF CONSUMMATION IN THIS PROCEEDING TO ON OR BEFORE DECEMBER 23, 2005.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN AND WEBSTER COUNTIES, NE · decision 35448
6. 23 Dec 2004 FD 34536
   GRANTED INDIANA & OHIO CENTRAL RAILROAD INC.'S REQUEST FOR ISSUANCE OF A PROTECTIVE ORDER.

   Secretary · INDIANA & OHIO CENTRAL RAILROAD, INC.-- ACQUISITION AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 35439
7. 23 Dec 2004 AB 874-X
   PROVIDED NOTICE THAT SIERRA NORTHERN RAILWAY HAS FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 9.27-MILE LINE OF RAILROAD IN YOLO COUNTY, CA.

   Director Of Proceedings · SIERRA NORTHERN RAILWAY--ABANDONMENT EXEMPTION--IN YOLO COUNTY, CA · decision 35414
8. 23 Dec 2004 FD 34623
   GRANTED THE WISCONSIN DEPARTMENT OF TRANSPORTATION 'S (WISDOT) PETITION FOR DECLARATORY ORDER AND FOUND THAT WISDOT AND THE EASTERN WISCONSIN COUNTIES RAIL CONSORTIUM WOULD NOT BECOME RAIL COMMON CARRIERS SUBJECT TO THE BOARD'S JURISDICTION BY ACQUIRING THE PHYSICAL ASSETS OF THE 37-MILE PLYMOUTH LINE, BETWEEN SAUKVILLE AND KIEL IN OZAUKEE, SHEBOYGAN AND MANITOWOC COUNTIES, WI.

   Entire Board · WISCONSIN DEPARTMENT OF TRANSPORTATION--PETITION FOR DECLARATORY ORDER · decision 35400
9. 23 Dec 2004 AB 170 (Sub-No. 1X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · SUNSET RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KERN COUNTY, CA · also entered in AB 398 (Sub-No. 9X) · decision 35354
10. 23 Dec 2004 FD 34563
    GRANTED BUFFALO & PITTSBURGH RAILROAD, INC.'S PETITION FOR EXEMPTION TO LEASE AND OPERATE AN APPROXIMATELY 2-MILE SEGMENT OF RAIL LINE BETWEEN APPROXIMATELY MILEPOST 0.0 AND APPROXIMATELY MILEPOST 2.0 IN BUFFALO, ERIE COUNTY, NY, OWNED BY SOUTH BUFFALO RAILWAY COMPANY.

    Entire Board · BUFFALO & PITTSBURGH RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--SOUTH BUFFALO RAILWAY COMPANY · decision 35324
11. 23 Dec 2004 AB 33 (Sub-No. 220X)
    GRANTED A PETITION FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR UNION PACIFIC RAILROAD COMPANY TO ABANDON A LINE OF RAILROAD KNOWN AS THE ST. JOSEPH INDUSTRIAL LEAD, EXTENDING FROM MILEPOST 2.52 NEAR ELWOOD TO MILEPOST 33.60 NEAR ROBINSON, IN BROWN AND DONIPHAN COUNTIES, KS.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN BROWN AND DONIPHAN COUNTIES, KS · decision 35287
12. 23 Dec 2004 AB 875-X
    GRANTED A PETITION FOR EXEMPTION FROM THE PRIOR APPOVAL REQUIREMENTS OF 49 U.S.C. 10903, FOR R.J. CORMAN EQUIPMENT COMPANY, LLC TO ABANDON, AND FOR R.J CORMAN RAILROAD/BARDSTOWN LINE TO DISCONTINUE SERVICE OVER, APPROXIMATELY 36.08 MILES OF RAIL LINE KNOWN AS THE DAWKINS LINE, IN JOHNSON, MAGOFFIN AND BREATHITT COUNTIES, KY.

    Entire Board · R.J. Corman Railroad Company/Bardstown Line -- Discontinuance Exemption -- In Johnson, Magoffin and Breathitt Counties, Kentucky · also entered in AB 876-X, AB 1 (Sub-No. 9) · decision 35185
13. 22 Dec 2004 NOR 42057
    EXTENDED THE DEADLINE FOR FILING SUPPLEMENTAL PLEADINGS AUTHORIZED BY THE BOARD'S DECEMBER 14, 2004 DECISION TO JANUARY 10, 2005.

    Secretary · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 35463
14. 22 Dec 2004 FD 34391
    PROVIDED NOTICE OF THE AVAILABILITY OF THE POST ENVIRONMENTAL ASSESSMENT PREPARED IN THIS PROCEEDING.

    Chief Of Section Of Environmental Analysis · NEW ENGLAND TRANSRAIL, LLC, D/B/A WILMINGTON AND WOBURN TERMINAL RAILROAD CO.--CONSTRUCTION, ACQUISITION, AND OPERATION EXEMPTION--IN WILMINGTON AND WOBURN, MA · decision 35449
15. 22 Dec 2004 FD 34391
    ISSUED A POST ENVIRONMENTAL ASSESSMENT TO RESPOND TO COMMENTS RECEIVED IN RESPONSE TO THE ENVIRONMENTAL ASSESSMENT IN THIS PROCEEDING SERVED ON AUGUST 4, 2004.

    Chief Of Section Of Environmental Analysis · NEW ENGLAND TRANSRAIL, LLC, D/B/A WILMINGTON AND WOBURN TERMINAL RAILROAD CO.--CONSTRUCTION, ACQUISITION, AND OPERATION EXEMPTION--IN WILMINGTON AND WOBURN, MA · decision 35412
16. 22 Dec 2004 FD 34614
    PROVIDED NOTICE THAT PERMIAN FILED A NOTICE OF EXEMPTION TO ACQUIRE CONTROL OF ARIZONA'S OUTSTANDING STOCK.

    Director Of Proceedings · PERMIAN BASIN RAILWAYS, INC.--ACQUISITION OF CONTROL EXEMPTION--ARIZONA EASTERN RAILWAY, INC. · decision 35346
17. 22 Dec 2004 FD 34613
    PROVIDED NOTICE THAT PERMIAN BASIN RAILWAYS, INC., HAS FILED A NOTICE OF EXEMPTION TO ACQUIRE CONTROL THROUGH PURCHASE OF 100% OF THE OUTSTANDING STOCK OF WEST TEXAS AND LUBBOCK RAILROAD COMPANY, INC.

    Director Of Proceedings · PERMIAN BASIN RAILWAYS, INC.--ACQUISITION OF CONTROL EXEMPTION--WEST TEXAS AND LUBBOCK RAILROAD COMPANY, INC. · decision 35345
18. 22 Dec 2004 NOR 42084
    DENIED CF INDUSTRIES, INC.'S REQUEST TO APPOINT A MEDIATOR TO FACILITATE A NEGOTIATED SETTLEMENT OF THIS DISPUTE.

    Secretary · CF INDUSTRIES, INC. V. KANEB PIPE LINE PARTNERS, L.P. AND KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. · decision 35300
19. 21 Dec 2004 FD 34536
    THE DUE DATE FOR THE UNITED TRANSPORTATION UNION'S SUPPLEMENT TO ITS PETITION TO REVOKE IS EXTENDED UNTIL JANUARY 18, 2005, AND THE DUE DATE FOR INDIANA & OHIO CENTRAL RAILROAD, INC. REPLY IS EXTENDED UNTIL FEBRUARY 2, 2005.

    Secretary · INDIANA & OHIO CENTRAL RAILROAD, INC.-- ACQUISITION AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 35438
20. 21 Dec 2004 FD 34632
    PROVIDED NOTICE THAT THE OHIO AND PENNSYLVANIA RAILROAD HAS FILED A NOTICE OF EXEMPTION TO ACQUIRE APPROXIMATELY 36 MILES OF RAIL LINE OWNED BY THE COLUMBIANA COUNTY PORT AUTHORITY BETWEEN MILEPOST 0.0 AT OR NEAR YOUNGSTOWN, OH, AND MILEPOST 35.7, AT OR NEAR DARLINGTON, PA.

    Director Of Proceedings · THE OHIO AND PENNSYLVANIA RAILROAD--ACQUISITION AND OPERATION EXEMPTION--RAIL LINES OF COLUMBIANA COUNTY PORT AUTHORITY IN MAHONING AND COLUMBIANA COUNTIES, OH, AND BEAVER COUNTY, PA · decision 35413
21. 21 Dec 2004 AB 33 (Sub-No. 218X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN KOOTENAI COUNTY, ID · decision 35360
22. 21 Dec 2004 AB 170 (Sub-No. 1X)
    PROVIDED NOTICE THAT SUNSET RAILWAY COMPANY (SRY) AND SAN JOAQUIN VALLEY RAILROAD COMPANY (SJVR) HAVE FILED A NOTICE OF EXEMPTION FOR SRY TO ABANDON AND FOR SJVR TO DISCONTINUE SERVICE OVER A 16.3-MILE LINE OF RAILROAD, IN KERN COUNTY, CA.

    Director Of Proceedings · SUNSET RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KERN COUNTY, CA · also entered in AB 398 (Sub-No. 9X) · decision 35343
23. 21 Dec 2004 FD 34618
    PROVIDED NOTICE THAT EAST PENN RAILWAY, INC. FILED A NOTICE FOR A MODIFIED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A PORTION OF A RAIL LINE KNOWN AS THE OCTORARO BRANCH.

    Director Of Proceedings · EAST PENN RAILWAY, INC.- MODIFIED RAIL CERTIFICATE · decision 35336
24. 20 Dec 2004 FD 34540
    PROVIDED NOTICE THAT THE COLUMBUS & OHIO RIVER RAIL ROAD COMPANY WILL ACQUIRE APPROXIMATELY 120.35 MILES OF RAIL LINES IN FRANKLIN, LICKING, MUSKINGUM, KNOX, AND GUERNSEY COUNTIES, OH.

    Director Of Proceedings · THE COLUMBUS & OHIO RIVER RAIL ROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION-- RAIL LINES OF CSX TRANSPORTATION, INC. · decision 35416
25. 20 Dec 2004 EP 290 (Sub-No. 5)
    APPROVED THE FIRST QUARTER 2005 RAIL COST ADJUSTMENT FACTOR (RCAF) AND COST INDEX FILED BY THE ASSOCIATION OF AMERICAN RAILROADS. FOUND THAT (1) THE FIRST QUARTER 2005 RCAF (UNADJUSTED) WAS 1.107, AN INCREASE OF 0.9% FROM THE FOURTH QUARTER 2004 RCAF OF 1.097, (2) THE RCAF (ADJUSTED) WAS 0.546, AN INCREASE OF 0.4% FROM THE FOURTH QUARTER 2004 RCAF (ADJUSTED) OF 0.544, AND (3) THE RCAF-5 WAS 0.521, AN INCREASE OF 0.4% FROM THE FOURTH QUARTER 2004 RCAF-5 OF 0.519.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 35411
26. 20 Dec 2004 EP 558 (Sub-No. 80)
    INSTITUTED THIS PROCEEDING, PURSUANT TO 49 U.S.C. 10704(a)(2), TO DETERMINE THE RAILROAD INDUSTRY'S COST OF CAPITAL FOR 2004.

    Entire Board · RAILROAD COST-OF-CAPITAL--2004 · decision 35407
27. 20 Dec 2004 AB 6 (Sub-No. 408X)
    EXTENDED THE NITU NEGOTIATING PERIOD UNTIL JANUARY 26, 2005.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION --IN HAMILTON AND MERRICK COUNTIES, NE · decision 35401
28. 20 Dec 2004 FD 34621
    PROVIDED NOTICE THAT THE WISCONSIN CENTRAL LTD. (WCL) HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO WISCONSIN & SOUTHERN RAILROAD CO. (WSOR) OVER WCL'S LINE TO ENABLE WSOR TO CONNECT THE KIEL-SAUKVILLE LINE WITH THE REST OF ITS RAIL SYSTEM.

    Director Of Proceedings · WISCONSIN & SOUTHERN RAILROAD CO.--TRACKAGE RIGHTS EXEMPTION--WISCONSIN CENTRAL LTD. · decision 35398
29. 20 Dec 2004 AB 57 (Sub-No. 55X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MILWAUKEE COUNTY, WI · decision 35258