Week of 22 Sep 2003

Decisions served

1. 26 Sep 2003 NOR 41191 (Sub-No. 1)
   MODIFIED THE PROCEDURAL SCHEDULE PER JOINT MOTION FILED BY AEP TEXAS NORTH COMPANY AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO ALLOW FOR ADEQUATE DISCOVERY.

   Secretary · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 34051
2. 26 Sep 2003 FD 34040
   NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT SEPTEMBER 12 AND 16, 2003, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.

   Secretary · RIVERVIEW TRENTON RAILROAD COMPANY--PETITION FOR EXEMPTION FROM 49 U.S.C. 10901 TO ACQUIRE AND OPERATE A RAIL LINE IN WAYNE COUNTY, MI · decision 34034
3. 26 Sep 2003 AB 290 (Sub-No. 223X)
   REOPENED THE PROCEEDING TO IMPOSE FOUR ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MINGO COUNTY, WV · decision 34026
4. 26 Sep 2003 AB 55 (Sub-No. 627X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NOTICE OF INTERIM TRAIL USE TO MARCH 30, 2004.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FLOYD COUNTY, KY · decision 34016
5. 26 Sep 2003 AB 33 (Sub-No. 210X)
   NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 2.1-MILE LINE OF RAILROAD, KNOWN AS THE CREAMERY SPUR, EXTENDING FROM MILEPOST 914.3 TO MILEPOST 916.4 NEAR UNIVERSITY DRIVE BETWEEN PRIEST DRIVE AND HAYDEN ROAD IN TEMPE, MARICOPA COUNTY, AZ.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARICOPA COUNTY, AZ · decision 33993
6. 26 Sep 2003 AB 55 (Sub-No. 613X)
   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 JEFFERSON COUNTY, ALA. · decision 33980
7. 26 Sep 2003 FD 34404
   NOTICE THAT EAST TENNESSEE RAILWAY, L.P. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 ET SEQ. TO LEASE, FROM CSX TRANSPORTATION, INC., AND OPERATE 5.0 MILES OF TRACK, WHICH INCLUDES 4.05 MILES OF RAIL LINE AND TWO SHORT SPURS, KNOWN AS JOHNSON CITY LEAD AND CARNEGIE SPUR, IN WASHINGTON COUNTY, TN.

   Director Of Proceedings · EAST TENNESSEE RAILWAY, L.P.--LEASE AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 33979
8. 26 Sep 2003 FD 34335
   (1) DENIED APEALS OF THE JULY 9, 2003 DECISION OF THE ACTING DIRECTOR OF THE OFFICE OF PROCEEDINGS; (2) DENIED REQUESTS TO REJECT OR TO ORDER CLARIFICATION OF THE APPLICATION AND A MOTION TO STAY THE PROCEDURAL SCHEDULE PENDING A DECISION ON A MOTION TO COMPEL DISCOVERY; AND (3) REINSTATED THE PROCEDURAL SCHEDULE FOR THIS PROCEEDING.

   Entire Board · KEOKUK JUNCTION RAILWAY COMPANY--FEEDER LINE ACQUISITION--LINE OF TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND HOLLIS, IL · decision 33940
9. 26 Sep 2003 AB 33 (Sub-No. 202X)
   GRANTED UNION PACIFIC RAILROAD COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON APPROXIMATELY 5.90 MILES OF A LINE OF RAILROAD KNOWN AS THE SHEFFIELD INDUSTRIAL LEAD, EXTENDING FROM MILEPOST 179.80 NEAR CHAPIN TO MILEPOST 173.90 NEAR SHEFFIELD IN FRANKLIN COUNTY, IA, SUBJECT TO TRAIL USE, PUBLIC USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, IA · decision 33702
10. 26 Sep 2003 AB 33 (Sub-No. 200X)
    GRANTED UNION PACIFIC RAILROAD COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON THE EASTERN PORTION OF ITS BRISTOW SUBDIVISION, EXTENDING BETWEEN MILEPOST 318.36 NEAR HAMPTON AND MILEPOST 294.75 NEAR ALLISON, A DISTANCE OF 23.61 MILES, IN FRANKLIN AND BUTLER COUNTIES, IA, SUBJECT TO TRAIL USE, PUBLIC USE, ENVIRONMENTAL, HISTORIC PRESERVATION, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN AND BUTLER COUNTIES, IA · decision 33686
11. 25 Sep 2003 AB 124 (Sub-No. 2)
    GRANTED MONTREAL, MAINE & ATLANTIC RAILWAY LTD.'S PETITION TO INTERVENE.

    Secretary · WATERLOO RAILWAY COMPANY--ADVERSE ABANDONMENT--LINES OF BANGOR AND AROOSTOOK RAILROAD COMPANY AND VAN BUREN BRIDGE COMPANY IN AROOSTOOK COUNTY, ME · also entered in AB 279 (Sub-No. 3) · decision 34042
12. 25 Sep 2003 AB 308 (Sub-No. 3X)
    DIRECTED THE PARTIES TO NEGOTIATE AND TO ADVISE THE BOARD OF THE RESULTS OF NEGOTIATIONS BY OCTOBER 16, 2003.

    Director Of Proceedings · CENTRAL MICHIGAN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SAGINAW COUNTY, MI · decision 34027
13. 25 Sep 2003 AB 364 (Sub-No. 8X)
    CONFIRMED THAT THE NOTICE OF EXEMPTION IN STB DOCKET NO. AB-364 (SUB-NO. 8X) AUTHORIZED THE TEXAS NORTHEASTERN DIVISION, MID-MICHIGAN RAILROAD, INC. (TNER) TO DISCONTINUE SERVICE OVER THE LINE IN QUESTION, AND, UPON CONSUMMATION, TNER WILL NO LONGER HOLD A COMMON CARRIER OBLIGATION OVER THE LINE.

    Director Of Proceedings · TEXAS NORTHEASTERN DIVISION, MID-MICHIGAN RAILROAD, INC. - DISCONTINUANCE OF SERVICE EXEMPTION - IN LAMAR AND FANNIN COUNTIES, TX · also entered in AB 33 (Sub-No. 163X) · decision 34009
14. 25 Sep 2003 FD 34408
    NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY (BNSF) HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER A LINE OF RAILROAD ON BNSF'S SPANISH PEAKS SUBDIVISION BETWEEN BNSF MILEPOST 119.45 NEAR OR AT PUEBLO JUNCTION, CO, AND BNSF MILEPOST 124.74 NEAR OR AT SOUTHERN JUNCTION, CO.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34008
15. 25 Sep 2003 FD 34406
    NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY (UP) OVER A LINE OF RAILROAD ON BNSF'S PIKES PEAK SUBDIVISION BETWEEN BNSF MILEPOST 107.9 IN OR NEAR BRAGDON, CO, AND BNSF MILEPOST 120.3 (617.51) IN OR NEAR PUEBLO, CO, A TOTAL DISTANCE OF APPROXIMATELY 12.4 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34007
16. 25 Sep 2003 AB 55 (Sub-No. 640)
    NOTICE THAT CSXT HAS FILED AN APPLICATION FOR PERMISSION TO ABANDON A PORTION OF ITS SOUTHERN REGION, JACKSONVILLE DIVISION, EXTENDING FROM MILEPOST AP 594.69, NEAR WARESBORO, TO MILEPOST AP 617.94, NEAR PEARSON, IN ATKINSON AND WARE COUNTIES, GA.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT--IN ATKINSON AND WARE COUNTIES, GA · decision 33992
17. 25 Sep 2003 FD 34407
    NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER A LINE OF RAILROAD ON BNSF'S: (1) DALHART SUBDIVISION BETWEEN BNSF MILEPOST 417.5 IN OR NEAR DALHART, TX, AND BNSF MILEPOST 452.9 IN OR NEAR TEXLINE, TX; AND (2) TWIN PEAKS SUBDIVISION BETWEEN BNSF MILEPOST 452.9 IN OR NEAR TEXLINE, TX, AND BNSF MILEPOST 210 IN OR NEAR TRINIDAD, CO, A TOTAL DISTANCE OF APPROXIMATELY 170.9 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33991
18. 24 Sep 2003 AB 491 (Sub-No. 1X)
    GRANTED CLEARFIELD COUNTY RAILS TO TRAILS ASSOCIATION'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL MARCH 18, 2004.

    Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES, INC.--ABANDONMENT EXEMPTION--IN CLEARFIELD AND CENTRE COUNTIES, PA · decision 34003
19. 24 Sep 2003 AB 290 (Sub-No. 222X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 1.9-MILE LINE OF RAILROAD BETWEEN MILEPOST PO-0.0 AT BLUESTONE, MERCER COUNTY, WV, AND MILEPOST PO-1.90 AT POCAHONTAS, TAZEWELL COUNTY, VA.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MERCER COUNTY, WV, AND TAZEWELL COUNTY, VA · decision 33985
20. 23 Sep 2003 FD 34342
    (1) ANNOUNCED THAT THE BOARD FOUND NO NEED TO RULE ON THE PROPOSED TRANSFER BACK TO TFM, S.A. DE C.V. , OF THE 51% INTEREST IN MEXRAIL, INC. THAT KANSAS CITY SOUTHERN ACQUIRED ON MAY 9, 2003; AND (2) INSTRUCTED INTERESTED PARTIES TO SUBMIT BY NO LATER THAN 5:00 P.M. ON TUESDAY, SEPTEMBER 30, 2003, COMMENTS RESPECTING THE QUESTION WHETHER OR NOT TO CONTINUE THE PROCEDURAL SCHEDULE ADOPTED IN DECISION NO. 2.

    Entire Board · KANSAS CITY SOUTHERN--CONTROL--THE KANSAS CITY SOUTHERN RAILWAY COMPANY, GATEWAY EASTERN RAILWAY COMPANY, AND THE TEXAS MEXICAN RAILWAY COMPANY · decision 34021
21. 23 Sep 2003 AB 573-X
    (1) REOPENED THIS PROCEEDING; (2) REMOVED THE ENVIRONMENTAL CONDITIONS IMPOSED IN THE OCTOBER 20, 2002 DECISION; (3) GRANTED KERN VALLEY RAILROAD COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY; AND (4) ORDERED THAT THE AUTHORITY TO ABANDON MUST BE EXERCISED ON OR BEFORE JANUARY 1, 2004.

    Director Of Proceedings · TRINIDAD RAILWAY, INC.--ABANDONMENT EXEMPTION--IN LAS ANIMAS COUNTY, CO · decision 34019
22. 22 Sep 2003 FD 33388
    EXTENDED THE COMPLIANCE DEADLINE FOR NORFOLK SOUTHERN CORPORATION IN ENVIRONMENTAL CONDITION NO. 11 OF APPENDIX Q OF MERGER DEC. NO. 89 FOR SIX MONTHS UNTIL MARCH 22, 2004, WITH RESPECT TO RAIL LINE SEGMENT N-100 (RIVERTON JUNCTION TO ROANOKE, VA).

    Secretary · 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 34029
23. 22 Sep 2003 NOR 42081
    EXTENDED UNTIL SEPTEMBER 22, 2003 THE DEADLINE BY WHICH KANEB PIPE LINE PARTNERS, L.P. MUST FILE A MOTION TO COMPEL RESPONSES TO ITS INITIAL DISCOVERY REQUESTS.

    Secretary · DYNO NOBEL INC. V. KANEB PIPE LINE PARTNERS, L.P. · decision 34023
24. 22 Sep 2003 AB 838
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · EAST ST. LOUIS JUNCTION RAILROAD COMPANY--ADVERSE ABANDONMENT--IN ST. CLAIR COUNTY, IL · also entered in AB 33 (Sub-No. 199) · decision 34022
25. 22 Sep 2003 AB 55 (Sub-No. 613X)
    NOTICE THAT CSXT HAS FILED A NOTICE OF EXEMPTION TO ABANDON A 16.47-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST ONC 384.00 AT BLACK CREEK TO MILEPOST ONJ 400.47 AT WEST JEFFERSON, IN JEFFERSON COUNTY, AL.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, ALA. · decision 33978