Week of 19 Jun 2006

Decisions served

1. 23 Jun 2006 MCF 21018-TA
   DECISION GRANTED CUSA GCBS, LLC D/B/A GOODALL'S CHARTER BUS SERVICE INTERIM APPROVAL TO ACQUIRE CONTROL OF AND OPERATE CERTAIN ASSETS OF COMARTIN ENTERPRISES, INC. D/B/A CONTACTOURS.

   Entire Board · CUSA GCBS, LLC d/b/a GOODALL'S CHARTER BUS SERVICE--ACQUSITION OF ASSETS AND BUSINESS OPERATIONS--COMARTIN ENTERPRISES, INC. (FORMERLY KNOWN AS SAN DIEGO MINI TOURS, INC.) D/B/A CONTACTOURS · decision 37108
2. 23 Jun 2006 AB 167 (Sub-No. 1188X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · CONSOLIDATED RAIL CORPORATION-ABANDONMENT EXEMPTION-IN WAYNE COUNTY, MI · decision 37071
3. 23 Jun 2006 FD 34729 (Sub-No. 1)
   PROVIDED NOTICE THAT SAGINAW BAY SOUTHERN RAILWAY COMPANY FILED AN EXEMPTION TO ACQUIRE APPROXIMATELY 6.84 MILES OF RAIL LINE IN SAGINAW COUNTY, MI.

   Director Of Proceedings · SAGINAW BAY SOUTHERN RAILWAY COMPANY-ACQUISITION AND OPERATION EXEMPTION-IN SAGINAW COUNTY, MI · decision 37057
4. 22 Jun 2006 AB 149 (Sub-No. 2X)
   PROVIDED NOTICE TO REFLECT THE CORRECT FILING DATE FOR A REPLY FILED IN THIS PROCEEDING.

   Chief Of Section Of Environmental Analysis · WINSTON-SALEM SOUTHBOUND RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION-IN STANLY COUNTY, NC · also entered in AB 290 (Sub-No. 254X), AB 290 (Sub-No. 274X) · decision 37114
5. 22 Jun 2006 AB 55 (Sub-No. 656X)
   DECISION GRANTED CSX TRANSPORTATION, INC.'S REQUEST FOR AN EXTENSION OF THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL OCTOBER 3, 2006 AND EXTENDED THE NOTICE OF CONSUMMATION FILING DEADLINE TO DECEMBER 2, 2006.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MARION COUNTY, W. VA. · decision 37112
6. 22 Jun 2006 AB 55 (Sub-No. 606X)
   DECISION GRANTED CSX TRANSPORTATION, INC.'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE TO DECEMBER 20, 2006, AND EXTENDED THE CONSUMMATION NOTICE FILING DEADLINE TO FEBRUARY 18, 2007.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALLEGHENY COUNTY, PA · decision 37109
7. 21 Jun 2006 AB 6 (Sub-No. 422X)
   DECISION GRANTED BNSF RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO FILE A NOTICE OF CONSUMMATION ON OR BEFORE DECEMBER 31, 2006.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SNOHOMISH COUNTY, WA · decision 37107
8. 21 Jun 2006 AB 290 (Sub-No. 250X)
   GRANTED THE REQUEST OF NORFOLK SOUTHERN RAILWAY COMPANY TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU AS IT PERTAINS TO THE URBAN PARK DISTRICT FOR 180 DAYS UNTIL DECEMBER 19, 2006.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHAMPAIGN COUNTY, IL · decision 37088
9. 21 Jun 2006 FD 34802
   (1) GRANTED US RAIL PARTNERS, LTD. LEAVE TO FILE THE VERIFIED STATEMENT OF ITS PRESIDENT; (2) DENIED SOUTH PLAINS SWITCHING, LTD. CO. (SAW) PETITION TO TERMINATE ALTERNATIVE RAIL SERVICE AND REQUEST FOR A MODIFICATION OF THE OPERATING PROTOCOLS; (3) DENIED PYCO INDUSTRIES, INC. (PYCO) REQUESTS TO STRIKE THE SAW REBUTTAL AND FOR IMMEDIATE INJUNCTIVE RELIEF; (4) REVOKED THE EXEMPTIONS FOR ANY AND ALL OF THE COMMODITIES THAT PYCO SHIPS OR RECEIVES BY RAIL TO THE EXTENT NECESSARY TO ALLOW THE PROVISION OF ALTERNATIVE RAIL SERVICE FOR ALL OF PYCO'S RAIL TRAFFIC; (5) MODIFIES THE OPERATING PROTOCOLS ATTACHED TO WEST TEXAS & LUBBOCK RAILWAY COMPANY, INC. (WTL) FEBRUARY 8, 2006 REQUEST, AS MODIFIED BY THE DECISION SERVED ON FEBRUARY 16, 2006 BY ADDING ANOTHER TERM, WHICH SHALL APPLY FOR THE SAME DURATION AS THE EXISTING OPERATING PROTOCOLS; (6) AUTHORIZED WTL TO PROVIDE ALTERNATIVE SERVICE TO PYCO ON SAW'S LINES FOR AN ADDITIONAL PERIOD OF 120 DAYS, UNTIL OCTOBER 23, 2006, UNDER THE PROVISIONS

   Entire Board · PYCO INDUSTRIES, INC.--ALTERNATIVE RAIL SERVICE--SOUTH PLAINS SWITCHING, LTD. CO. · also entered in EP 346 (Sub-No. 14C) · decision 37081
10. 20 Jun 2006 AB 55 (Sub-No. 577X)
    DECISION GRANTED CSX TRANSPORTATION, INC.'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD TO DECEMBER 14, 2006, AND EXTEND THE NOTICE OF CONSUMMATION FILING DEADLINE UNTIL FEBRUARY 12, 2007.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WAYNE COUNTY, IN · decision 37099
11. 20 Jun 2006 AB 55 (Sub-No. 579X)
    DECISION GRANTED CSX TRANSPORTATION, INC.'S REQUEST FOR AN EXTENSION OF THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL DECEMBER 12, 2006, AND EXTENDED THE AUTHORITY TO EXERCISE ABANDONMENT ON OR BEFORE FEBRUARY 7, 2007.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PARKE AND VERMILLION COUNTIES, IN · decision 37094
12. 20 Jun 2006 EP 290 (Sub-No. 5)
    APPROVED THE THIRD QUARTER 2006 RAIL COST ADJUSTMENT FACTOR (RCAF) AND COST INDEX FILED BY THE ASSOCIATION OF AMERICAN RAILROADS. THE THIRD QUARTER 2006 RCAF (UNADJUSTED) IS 1.192. THE THIRD QUARTER 2006 RCAF (ADJUSTED) IS 0.566. THE THIRD QUARTER 2006 RCAF-5 IS O.540.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 37076
13. 20 Jun 2006 FD 34881
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER BNSF'S LINE OF RAILROAD BETWEEN 'BULLFROG JUNCTION' NEAR BNSF'S PUYALLOY RIVER BRIDGE 8.78 AND THE POINT OF CONNECTION WITH BNSF'S SEATTLE DIVISION MAIN LINE AT RIVER STREET INTERLOCKING, BNSF MILEPOST 38.94X, IN TACOMA WA, A DISTANCE OF APPROXIMATELY 0.6 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 37066
14. 20 Jun 2006 AB 167 (Sub-No. 1188X)
    PROVIDED NOTICE THAT CONSOLIDATED RAIL CORPORATION FILED AN EXEMPTION TO ABANDON 4.3 MILES OF RAILROAD LINE IN WAYNE COUNTY, MI.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION-ABANDONMENT EXEMPTION-IN WAYNE COUNTY, MI · decision 37063
15. 20 Jun 2006 AB 992-X
    GRANTED ATLANTIC & PACIFIC RAILROAD AND TRANSPORTATION COMPANY, A CLASS III RAIL CARRIER, AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO DISCONTINUE SERVICE OVER A 4-MILE LINE OF RAILROAD OWNED BY THE KANSAS & OKLAHOMA RAILROAD (KO) AND LOCATED IN RICE COUNTY, KS. THE LINE EXTENDS FROM THE POINT OF INTERCHANGE WITH KO'S LINE AT APPROXIMATELY MILEPOST 87.0 (AT OR NEAR CHASE, KS), TO THE POINT OF INTERCHANGE WITH KO'S LINE AT APPROXIMATELY MILEPOST 91.0 (AT OR NEAR SILICA, KS), SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · ATLANTIC & PACIFIC RAILROAD AND TRANSPORTATION COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION--IN RICE COUNTY, KS · decision 36805
16. 19 Jun 2006 FD 34871
    CONCLUDED THAT A HOUSEKEEPING STAY OF THE EFFECTIVE DATES OF THE EXEMPTIONS IS APPROPRIATE TO PROVIDE SUFFICIENT TIME FOR THE BOARD TO FULLY CONSIDER ISSUES RAISED IN THIS PROCEEDING, AND THE EXEMPTIONS WILL BE STAYED UNTIL FURTHER ORDER OF THE BOARD.

    Commissioner · WYOMING DAKOTA RAILROAD PROPERTIES, INC.--ACQUISITION AND OPERATION EXEMPTION--DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION · also entered in FD 34872 · decision 37110
17. 19 Jun 2006 FD 34729 (Sub-No. 1)
    DECISION GRANTED SAGINAW BAY SOUTHERN RAILWAY COMPANY'S REQUEST FOR A WAIVER OF THE BOARD'S REQUIREMENTS AT 49 CFR 1150.42(e).

    Entire Board · SAGINAW BAY SOUTHERN RAILWAY COMPANY-ACQUISITION AND OPERATION EXEMPTION-IN SAGINAW COUNTY, MI · decision 37056