Week of 7 Jul 2003

Decisions served

1. 11 Jul 2003 FD 34079
   NOTICE TO THE PARTIES TO REFLECT REVISIONS TO THE DECISION SERVED JULY 9, 2003.

   Secretary · SAN JACINTO RAIL LIMITED CONSTRUCTION EXEMPTION AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY OPERATION EXEMPTION--BUILD-OUT TO THE BAYPORT LOOP NEAR HOUSTON, HARRIS COUNTY, TX · decision 33815
2. 11 Jul 2003 AB 402 (Sub-No. 7X)
   GRANTED THE JOINT MOTION OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND FOX VALLEY & WESTERN LTD. TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL JANUARY 10, 2004.

   Director Of Proceedings · FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN FOND DU LAC AND WASHINGTON COUNTIES, WI · decision 33750
3. 11 Jul 2003 AB 55 (Sub-No. 636X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ST. CLAIR COUNTY, MICHIGAN · decision 33736
4. 11 Jul 2003 FD 34362
   AKRON BARBERTON CLUSTER RAILWAY COMPANY HAS FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE FROM METRO REGIONAL TRANSIT AUTHORITY, AND OPERATE A FREIGHT RAIL EASEMENT BETWEEN APPROXIMATELY MILEPOST 40.42 (VALUATION STATION 1856+40) NEAR HOWARD STREET IN AKRON, OH AND APPROXIMATELY MILEPOST 33.70 (VALUATION STTION 2206+60) AT KRUMROY, OH, A DISTANCE OF APPROXIMATELY 6.72 MILES IN SUMMIT COUNTY, OH.

   Director Of Proceedings · AKRON BARBERTON CLUSTER RAILWAY COMPANY--LEASE AND OPERATION EXEMPTION--METRO REGIONAL TRANSIT AUTHORITY · decision 33723
5. 11 Jul 2003 FD 34361
   NOTICE THAT METRO HAS FILED A NOTICE OF EXEMPTION TO ACQUIRE CSXT'S RIGHT, TITLE AND INTEREST IN A PERPETUAL FREIGHT RAIL EASEMENT OVER A RAIL LINE OWNED BY METRO BETWEEN APPROXIMATELY MILEPOST 40.42 NEAR HOWARD STREET IN AKRON, OH AND APPROXIMATELY MILEPOST 33.70 AT KRUMROY, OH A DISTANCE OF APPROXIMATELY 6.72 MILES IN SUMMIT COUNTY, OH.

   Director Of Proceedings · METRO REGIONAL TRANSIT AUTHORITY--ACQUISITION EXEMPTION-CERTAIN ASSETS OF CSX TRANSPORTATION, INC. · decision 33722
6. 11 Jul 2003 FD 34338
   (1) GRANTED METRO'S MOTION TO DISMISS ITS NOTICE OF EXEMPTION; AND (2) DISCONTINUED THIS PROCEEDING.

   Entire Board · METRO REGIONAL TRANSIT AUTHORITY--ACQUISITION EXEMPTION--CERTAIN ASSETS OF AKRON BARBERTON CLUSTER RAILWAY COMPANY · decision 33674
7. 10 Jul 2003 WCC 105
   (1) GRANTED THE JOINT MOTION TO EXTEND THE DUE DATE FOR COMPLETING DISCOVERY TO AUGUST 4, 2003; AND (2) ORDERED THAT, UPON COMPLETION OF DISCOVERY, THE PARTIES SHOULD CONFER AND SUBMIT A JOINT PROPOSAL FOR A NEW PROCEDURAL SCHEDULE.

   Secretary · DHX, INC. V. MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC. · decision 33787
8. 10 Jul 2003 FD 34365
   DENIED THE TOWN OF WILMINGTON'S AND THE CITY OF WOBURN'S PETITIONS FOR STAY.

   Commissioner · NEW ENGLAND TRANSRAIL, LLC--ACQUISITION AND OPERATION EXEMPTION--LINES OF BOSTON AND MAINE RAILROAD COMPANY · decision 33761
9. 10 Jul 2003 FD 34365
   NOTICE THAT NEW ENGLAND TRANSRAIL HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE, FROM B&M SEGMENTS OF A LINE OF RAILROAD EXTENDING FROM MILEPOST 13.25 ON THE MASSACHUSETTS BAY METROPOLITAN TRANSPORTATION AUTHORITY BOSTON-CONCORD MAIN LINE IN WOBURN, MA (ON WHICH WHICH B&M RETAINS FREIGHT SERVICE RIGHTS), TO A JUNCTION WITH B&M AT ABOUT MILEPOST 14 ON B&M'S WILMINGTON-WOBURN-MEDFORD BRANCH, LOCATED AT A JUNCTION SOUTH OF EAMES STREET IN WILMINGTON, MA.

   Director Of Proceedings · NEW ENGLAND TRANSRAIL, LLC--ACQUISITION AND OPERATION EXEMPTION--LINES OF BOSTON AND MAINE RAILROAD COMPANY · decision 33740
10. 9 Jul 2003 FD 34335
    GAVE NOTICE OF AN ADJUSTMENT TO THE SCHEDULE FOR FILING COMPETING APPLICATIONS AND RESPONSES IN THIS PROCEEDING.

    Secretary · KEOKUK JUNCTION RAILWAY COMPANY--FEEDER LINE ACQUISITION--LINE OF TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND HOLLIS, IL · decision 33807
11. 9 Jul 2003 FD 34342
    NOTICE THAT THE BOARD WILL HOLD A PUBLIC HEARING IN THIS CASE ON THURSDAY, JULY 31, 2003, IN WASHINGTON, D.C. THE HEARING WILL PROVIDE A FORUM FOR INTERESTED PERSONS TO EXPRESS THEIR VIEWS ON THE MATTERS AT ISSUE IN THIS PROCEEDING.

    Secretary · KANSAS CITY SOUTHERN--CONTROL--THE KANSAS CITY SOUTHERN RAILWAY COMPANY, GATEWAY EASTERN RAILWAY COMPANY, AND THE TEXAS MEXICAN RAILWAY COMPANY · decision 33790
12. 9 Jul 2003 FD 34178
    DISMISSED THE DME -13 PETITION, FILED MARCH 19, 2003, AND THE UP - 5 PETITION, FILED MARCH 21, 2003, WITH PREJUDICE.

    Secretary · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION AND CEDAR AMERICAN RAIL HOLDINGS, INC.--CONTROL-- IOWA, CHICAGO & EASTERN RAILROAD CORPORATION · also entered in FD 34178 (Sub-No. 1), FD 34178 (Sub-No. 2) · decision 33786
13. 9 Jul 2003 FD 34079
    (1) DENIED A PETITION FOR A STAY, PENDING JUDICIAL REVIEW, OF THE EFFECTIVENESS OF THE BOARD'S DECISION SERVED ON MAY 9, 2003 IN THIS PROCEEDING; (2) DENIED A PETITION THAT THE BOARD RECONSIDER THE MAY 9 DECISION OR REOPEN THE PROCEEDING TO RECEIVE NEW EVIDENCE, AND (3) ADDRESSED ENVIRONMENTAL COMMENTS RECEIVED ON THE FINAL ENVIRONMENTAL IMPACT STATEMENT.

    Entire Board · SAN JACINTO RAIL LIMITED CONSTRUCTION EXEMPTION AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY OPERATION EXEMPTION--BUILD-OUT TO THE BAYPORT LOOP NEAR HOUSTON, HARRIS COUNTY, TX · decision 33755
14. 9 Jul 2003 FD 34335
    (1) DENIED TP&W'S REQUEST TO REJECT THE APPLICATION AS AMENDED; (2) ACCEPTED KJRY'S FEEDER LINE APPLICATION FOR FILING AS AMENDED, SUBJECT TO KJRY'S COMPLIANCE WITH THE REQUIREMENTS OF 49 CFR 1105.7; AND (3) SET A PROCEDURAL SCHEDULE.

    Director Of Proceedings · KEOKUK JUNCTION RAILWAY COMPANY--FEEDER LINE ACQUISITION--LINE OF TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND HOLLIS, IL · decision 33747
15. 9 Jul 2003 FD 33388 (Sub-No. 94)
    SET A PROCEDURAL SCHEDULE FOR CONSIDERATION OF THE 'SUPPLEMENTAL ORDER' PETITION FILED JUNE 4, 2003.

    Entire Board · CSX CORPORATION AND CSX TRANSPORTATION INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY -- CONTROL AND OPERATING LEASES/AGREEMENTS -- CONRAIL, INC. AND CONSOLIDATED RAIL CORPORATION · decision 33684
16. 8 Jul 2003 AB 156 (Sub-No. 23X)
    REOPENED THE PROCEEDING TO IMPOSE PUBLIC USE, INTERIM TRAIL/RAIL BANKING, AND CERTAIN 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 33745
17. 7 Jul 2003 AB 290 (Sub-No. 192X)
    GRANTED THE REQUEST OF RAILS TO TRAILS CONSERVANCY TO EXTEND THE NITU NEGOTIATING PERIOD TO JANUARY 4, 2004.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND WOODFORD COUNTIES, KY · decision 33798
18. 7 Jul 2003 AB 303 (Sub-No. 22X)
    GRANTED THE JOINT MOTION OF THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES, ACTING THROUGH THE WISCONSIN DEPARTMENT OF TRANSPORTATION AND WCL TO EXTEND THE NITU NEGOTIATING PERIOD FOR 180 DAYS UNTIL JANUARY 4, 2004.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN CALUMET AND BROWN COUNTIES, WI · decision 33757
19. 7 Jul 2003 AB 55 (Sub-No. 636X)
    NOTICE THAT CSXT HAS FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 2.68-MILE LINE OF RAILROAD BETWEEN MILEPOST CBD 83.28 AT TAPPAN, AND MILEPOST CBD 85.96 NEAR PORT HURON, IN ST. CLAIR COUNTY, MI.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ST. CLAIR COUNTY, MICHIGAN · decision 33731
20. 7 Jul 2003 FD 30186 (Sub-No. 3)
    ADOPTED A PROCEDURAL SCHEDULE AND PROVIDED PROCEDURAL REQUIREMENTS FOR THIS PROCEEDING.

    Secretary · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 33641
21. 7 Jul 2003 AB 850-X
    GRANTED A PETITION FOR EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR ST. CROIX VALLEY RAILROAD COMPANY TO: (1) ABANDON 10.7 MILES OF ITS RAIL EASEMENT OVER A LINE OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF); AND (2) DISCONTINUE SERVICE PURSUANT TO TRACKAGE RIGHTS OVER 8.2 MILES OF RAIL LINE OF BNSF, IN PINE AND KANABEC COUNTIES, MN, SUBJECT TO HISTORIC PRESERVATION AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · ST. CROIX VALLEY RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--IN PINE AND KANABEC COUNTIES, MN · decision 33540