Week of 21 Jul 2003

Decisions served

1. 25 Jul 2003 FD 34380
   NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY BETWEEN BNSF MILEPOST 29.9 NEAR FREMONT, NE, AND BNSF MILEPOST 104.1 NEAR FERRY, NE, A DISTANCE OF 74.2 MILES.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33828
2. 25 Jul 2003 NOR 42080
   (1) ADOPTED THE PROPOSED PROCEDURAL SCHEDULE SUBMITTED BY COUNSEL FOR MINNESOTA NORTHERN RAILROAD, INC. (MNN) AND CANADIAN NATIONAL RAILWAY COMPANY (CN); AND (2) ORDERED THE MNN AND CN TO COMPLY WITH THE PROCEDURAL SCHEDULE SET FORTH IN THIS DECISION.

   Secretary · MINNESOTA NORTHERN RAILROAD, INC. V. CANADIAN NATIONAL RAILWAY COMPANY · decision 33728
3. 25 Jul 2003 AB 33 (Sub-No. 201X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Office Of Economics, Environmental Analysis And Administration · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, IA · decision 33652
4. 24 Jul 2003 NOR 42071
   GRANTED OTTER TAIL POWER COMPANY AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S JOINT MOTION TO EXTEND THE PROCEDURAL SCHEDULE, AS ESTABLISHED IN THE DECEMBER 26, 2002 DECISION.

   Secretary · OTTER TAIL POWER COMPANY V. BNSF RAILWAY COMPANY · decision 33856
5. 24 Jul 2003 AB 55 (Sub-No. 603X)
   GRANTED CSXT'S REQUEST FOR AN EXTENSION OF THE NEGOTIATION PERIOD TO JANUARY 23, 2004 AND ITS REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE MARCH 23, 2004.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WEBSTER COUNTY, WV · decision 33831
6. 24 Jul 2003 FD 34369
   PROVIDES NOTICE THAT MORRISTOWN & ERIE RAILWAY, INC. HAS FILED A MODIFIED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY UNDER 49 CFR 1150, SUBPART C, TO OPERATE A PORTION OF A RAIL LINE KNOWN AS THE OCTORARO BRANCH, EXTENDING FOR APPROXIMATELY 36.50 MILES BETWEEN MILEPOST 18.0 AT WAWA, PA, AND MILEPOST 54.50 AT THE PENNSYLVANIA/MARYLAND STATE LINE NEAR SYLMAR, MD.

   Director Of Proceedings · MORRISTOWN & ERIE RAILWAY, INC.--MODIFIED RAIL CERTIFICATE · decision 33760
7. 23 Jul 2003 AB 167 (Sub-No. 1094A)
   PROVIDES A REVISED SCHEDULE OF APPEARANCES AND THE TIME ALLOTTED FOR ORAL PRESENTATIONS FOR THE PUBLIC HEARING TO BE HELD ON THURSDAY, JULY 24, 2003, AT 2 P.M. IN NEW YORK CITY, NY.

   Secretary · CHELSEA PROPERTY OWNERS--ABANDONMENT--PORTION OF THE CONSOLIDATED RAIL CORPORATION'S WEST 30TH STREET SECONDARY TRACK IN NEW YORK, NY · decision 33859
8. 23 Jul 2003 NOR 41191
   (1) HELD WEST TEXAS UTILITIES COMPANY'S (WTU) REQUEST FOR A PROCEDURAL SCHEDULE IN ABEYANCE; AND (2) ORDERED WTU TO ADVISE THE BOARD WITHIN 30 DAYS, HOW IT WISHES TO PROCEED.

   Entire Board · WEST TEXAS UTILITIES COMPANY V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33819
9. 23 Jul 2003 FD 34364
   (1) GRANTED IN PART THE TOWN OF WALLINGFORD, VT'S (WALLINGFORD), REQUEST FOR AN EXTENSION OF TIME TO FILE A REPLY; AND (2) INSTRUCTED WALLINGFORD TO FILE IT'S REPLY NO LATER THAN AUGUST 6, 2003.

   Secretary · VERMONT RAILWAY, INC.--PETITION FOR DECLARATORY ORDER · decision 33805
10. 23 Jul 2003 FD 34372
    NOTICE THAT HERITAGE RAILROAD CORPORATION FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO LEASE AND OPERATE A 7-MILE RAIL LINE OWNED BY THE UNITED STATES DEPARTMENT OF ENERGY FROM MILEPOST 0.0 AT A POINT OF CONNECTION WITH A RAIL LINE OF NORFOLK SOUTHERN RAILWAY COMPANY AT BLAIR, TN, TO THE END OF THE LINE AT MILEPOST 7.0 AT EAST TENNESSEE TECHNOLOGY CENTER NEAR OAK RIDGE, TN.

    Director Of Proceedings · HERITAGE RAILROAD CORPORATION--LEASE AND OPERATION EXEMPTION--RAIL LINE OF UNITED STATES DEPARTMENT OF ENERGY · decision 33792
11. 23 Jul 2003 MCF 21000
    TENTATIVELY APPROVES, SUBJECT TO PUBLIC COMMENT, AN APPLICATION FILED UNDER 49 U.S.C. 14303 BY KBUS HOLDINGS, LLC TO PURCHASE AND MERGE THE ASSETS OF BUSINESS OPERATIONS OF ALL WEST COACHLINES, INC., ET AL.

    Entire Board · KBUS HOLDINS, LLC--ACQUISITION OF ASSETS AND BUSINESS OPERATIONS--ALL WEST COACHLINES, INC., ET AL. · decision 33753
12. 22 Jul 2003 FD 34076
    NOTICE THAT LOS ANGELES TO PASADENA BLUE LINE CONSTRUCTION AUTHORITY D/B/A LOS ANGELES TO PASADENA METRO CONSTRUCTION AUTHORITY HAS FILED A NOTICE OF EXEMPTION TO ACQUIRE A RAIL LINE FROM THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY.

    Director Of Proceedings · LOS ANGELES TO PASADENA BLUE LINE CONSTRUCTION AUTHORITY D/B/A LOS ANGELES TO PASADENA METRO CONSTRUCTION AUTHORITY--ACQUISITION EXEMPTION--LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY · decision 33762
13. 22 Jul 2003 NOR 42076
    (1) GRANTED AERC'S REQUEST TO ACCEPT ITS LATED-FILED REPLY; AND (2) DENIED UNITED TRANSPORTATION UNION-GENERAL COMMITTEE OF ADJUSTMENT'S APPEAL.

    Entire Board · ALBANY & EASTERN RAILROAD COMPANY V. THE BURLINGTON NORTHERN AND SANTA FE RAILROAD COMPANY · decision 33477
14. 21 Jul 2003 FD 33740
    GRANTED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME UNTIL AUGUST 13, 2003.

    Secretary · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--PETITION FOR DECLARATION OR PRESCRIPTION OF CROSSING, TRACKAGE, OR JOINT USE RIGHTS · decision 33832
15. 21 Jul 2003 AB 596
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT JULY 8, 2003, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

    Secretary · NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--ADVERSE ABANDONMENT--NEW YORK CROSS HARBOR RAILROAD IN BROOKLYN, NY · decision 33823
16. 21 Jul 2003 AB 55 (Sub-No. 634X)
    NOTICE THAT CSXT FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A 2.95-MILE LINE OF RAILROAD, IN CSXT'S WESTERN REGION, GREAT LAKES DIVISION, EXTENDING FROM MILEPOST 00Q-219.55 TO MILEPOST 00Q-222.50, IN BLOOMINGTON, MONROE COUNTY, IN.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MONROE COUNTY, IN · decision 33796
17. 21 Jul 2003 S5M 34 (Sub-No. 9)
    APPROVED MINOR AMENDMENTS TO MIDDLEWEST MOTOR FREIGHT BUREAU, INC.'S BY-LAWS.

    Secretary · MIDDLEWEST MOTOR FREIGHT BUREAU, INC. · decision 28510