Week of 17 Nov 2003

Decisions served

1. 21 Nov 2003 AB 303 (Sub-No. 25X)
   GRANTED THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND WISCONSIN CENTRAL LTD.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD, EXCEPT FOR THE PORTION OF LINE IN MENOMINEE COUNTY, UNTIL MAY 20, 2004.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN LANGLADE, MENOMINEE AND SHAWANO COUNTIES, WIS. · decision 34223
2. 21 Nov 2003 NOR 42071
   (1) GRANTED OTTER TAIL POWER COMPANY'S PETITION TO FILE SUPPLEMENTARY EVIDENCE; AND (2) MODIFIED THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.

   Secretary · OTTER TAIL POWER COMPANY V. BNSF RAILWAY COMPANY · decision 34201
3. 21 Nov 2003 AB 124 (Sub-No. 2)
   GRANTED THE JOINT REQUEST OF CANADIAN NATIONAL RAILWAY COMPANY AND FRASER PAPERS, INC. TO EXTEND THE TIME FOR FILING PROTESTS TO THE APPLICATION UNTIL DECEMBER 11, 2003.

   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 34199
4. 21 Nov 2003 AB 441 (Sub-No. 1X)
   (1) REOPENED THESE PROCEEDINGS; (2) VACATED THE NITU SERVED ON AUGUST 26, 1996 IN DOCKET NO. AB-441(SUB-NO. 1X), AND ON JULY 7, 1998 IN STB DOCKET NO. AB-441 (SUB-NO. 2X); AND (3) ISSUED A REPLACEMENT NITU IN BOTH PROCEEDINGS AND DESIGNATED CONCHISE TRAILS, LLC AS THE NEW INTERIM TRAIL USER EFFECTIVE ON NOVEMBER 21, 2003.

   Director Of Proceedings · SWKR OPERATING CO.--ABANDONMENT EXEMPTION--IN COCHISE COUNTY, AZ · also entered in AB 441 (Sub-No. 2X) · decision 34190
5. 21 Nov 2003 FD 34433
   NOTICE THAT, PURSUANT TO A TRACKAGE RIGHTS AGREEMENT BETWEEN SOO LINE RAILROAD COMPANY, D/B/A CANADIAN PACIFIC RAILWAY COMPANY (CPR) AND WISCONSIN & SOUTHERN RAILROAD COMPANY (WSOR), WSOR HAS AGREED TO GRANT CPR TRACKAGE RIGHTS OVER A LINE OF RAILROAD BETWEEN MILEPOST 132.11 IN WATERTOWN, JEFFERSON COUNTY, WI, AND MILEPOST 164.61 IN MADISON, DANE COUNTY, WI, A DISTANCE OF 32.5 MILES.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--WISCONSIN & SOUTHERN RAILROAD COMPANY · decision 34183
6. 21 Nov 2003 AB 55 (Sub-No. 643X)
   NOTICE THAT CSXT FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON AN APPROXIMATELY 32.97-MILE LINE OF RAILROAD, IN CSXT'S WESTERN REGION, CHICAGO DIVISION, WABASH SUBDIVISION, EXTENDING FROM MILEPOST CF 0.63, AT LACROSSE, TO MILEPOST CF 15.23, AT WELLSBORO, AND FROM MILEPOST CI 212.55, AT NORTH JUDSON, TO MILEPOST CI 230.92, AT MALDEN, IN LAPORTE, PORTER AND STARKE COUNTIES, IN.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN LAPORTE, PORTER AND STARKE COUNTIES, IND. · decision 34181
7. 21 Nov 2003 AB 33 (Sub-No. 208X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARSHALL COUNTY, KAN. · decision 34179
8. 21 Nov 2003 FD 34430
   NOTICE THAT SAN PEDRO RAILROAD COMPANY, LLC FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE ALL OF SWKR OPERATING CO., INC.'S INTEREST IN AND TO OPERATE: (A) THOSE RAIL LINES EXTENDING FROM APPROXIMATELY MILEPOST N 1033.008 (AT OR NEAR BENSON, AZ) TO APPROXIMATELY MILEPOST NA 1055.8 (AT OR NEAR CHARLESTON, AZ); (B) THE ASSETS AND RAIL BANKED COMMON CARRIER RIGHTS IN THAT SEGMENT OF THE DOUGLAS BRANCH EXTENDING FROM APPROXIMATELY MILEPOST NA 1055.8 TO APPROXIMATELY MILEPOST NA 1106.5 (AT OR NEAR DOUGLAS, AZ), AND IN THE BISBEE BRANCH, EXTENDING FROM APPROXIMATELY MILEPOST NB 1085.0 (AT OR NEAR BISBEE JUNCTION, AZ) TO APPROXIMATELY MILEPOST NB 1090.4 (AT OR NEAR BISBEE, AZ); AND (C) CERTAIN OTHER MISCELLANEOUS ASSETS. THE SUBJECT LINE AND ALL RELATED PROPERTIES ARE LOCATED WHOLLLY WITHIN COCHISE COUNTY, AZ.

   Director Of Proceedings · SAN PEDRO RAILROAD OPERATING COMPANY, LLC--ACQUISITION AND OPERATION EXEMPTION--SWKR OPERATING CO. INC. · decision 34154
9. 21 Nov 2003 AB 33 (Sub-No. 157X)
   NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 13.1-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST 110.2 NEAR CASTROVILLE, CA, TO THE END OF THE LINE AT MILEPOST 123.3 NEAR SEASIDE, CA, IN MONTEREY COUNTY, CA.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MONTEREY COUNTY, CA · decision 34110
10. 21 Nov 2003 AB 33 (Sub-No. 203X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN HARRIS COUNTY, TX · decision 34045
11. 20 Nov 2003 AB 318 (Sub-No. 4X)
    (1) REOPENED THIS PROCEEDING; (2) VACATED THE NITU SERVED OCTOBER 24, 1997 WITH RESPECT TO THAT PORTION OF THE LINE BETWEEN MILEPOST 1.0 AND MILEPOST 5.7; (3) ISSUED A REPLACEMENT NITU, EFFECTIVE ON THE SERVICE DATE OF THIS DECISION FOR THAT PORTION OF THE LINE BETWEEN MILEPOST 1.0 AND MILEPOST 5.7, DESIGNATING BAYOU LAND PROPERTIES AS THE NEW TRAIL MANAGER; AND (4) REQUIRED THAT THE NEW TRAIL USER ASSUME, FOR THE TERM OF THE AGREEMENT, FULL RESPONSIBILITY FOR MANAGEMENT OF, FOR ANY LEGAL LIABILITY ARISING OUT OF THE TRANSFER OR USE OF (UNLESS THE USER IS IMMUNE FROM LIABILITY, IN WHICH CASE IT NEED ONLY INDEMNIFY THE RAILROAD AGAINST ANY POTENTIAL LIABILITY), AND FOR THE PAYMENT OF ANY AN ALL TAXES THAT MAY BE LEVIED OR ASSESSED AGAINST, THE RIGHT-OF-WAY.

    Director Of Proceedings · LOUISIANA AND DELTA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN LAFOURCHE AND ASSUMPTION PARISHES, LA · decision 34191
12. 20 Nov 2003 FD 34432
    NOTICE THAT CSX TRANSPORTATION, INC. (CSXT), PURSUANT TO WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN CSXT AND GOLDEN ISLES TERMINAL RAILROAD, INC. (GIT), AGREED TO GRANT CERTAIN TRACKAGE RIGHTS TO GIT OVER CSXT'S RAIL LINE BETWEEN MILEPOST A489 NEAR GEORGIA PORTS AUTHORITY'S GARDEN CITY TERMINAL AND MILEPOST S500 AT OR ABOUT THE ENTRANCE TO CSXT'S SAVANNAH YARD, PLUS SUFFICIENT TAIL ROOM FROM THE NORTH ENTRANCE TO OLD SAVANNAH YARD, THROUGH LORICKS LEAD, OUT ON NUMBER ONE MAIN TO MILEPOST A492, AND FROM THE SOUTH ENTRANCE OF OLD SAVANNAH YARD, THROUGH THE BLOSSOM SIGNAL, OUT ON MAINLINE TO MILEPOST S504 IN CHATHAM COUNTY, GA.

    Director Of Proceedings · GOLDEN ISLES TERMINAL RAILROAD, INC.--TRACKAGE RIGHTS EXEMPTION--CSX TRANSPORTATION, INC. · decision 34171
13. 20 Nov 2003 FD 34423
    NOTICE THAT M & B RAILROAD, L.L.C. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE FROM CSX TRANSPORTATION, INC. AND OPERATE TWO SEGMENTS OF RAIL LINE.

    Director Of Proceedings · M & B RAILROAD, L.L.C.--ACQUISITION AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 34140
14. 19 Nov 2003 NOR 42080
    (1) GRANTED MINNESOTA NORTHERN RAILROAD, INC.'S (MNN) REQUEST FOR AN EXTENSION OF TIME TO FILE ITS REBUTTAL TO CANADIAN NATIONAL RAILWAY COMPANY'S REPLY; AND (2) INSTRUCTED MNN THAT ITS REBUTTAL IS DUE NO LATER THAN DECEMBER 5, 2003.

    Secretary · MINNESOTA NORTHERN RAILROAD, INC. V. CANADIAN NATIONAL RAILWAY COMPANY · decision 34216
15. 19 Nov 2003 FD 34410
    GRANTED BUFFALO & PITTSBURGH RAILROAD, INC. AN EXEMPTION PURSUANT TO 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10902 TO ACQUIRE AND OPERATE A 16.82-MILE LINE OF RAILROAD BETWEEN CREEKSIDE AND HOMER CITY, PA, OWNED BY CSX TRANSPORTATION, INC., SUBJECT TO LABOR PROTECTIVE CONDITIONS.

    Entire Board · BUFFALO & PITTSBURGH RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 34152
16. 19 Nov 2003 NOR 42058
    THIS DECISION: (1) DENIES UNION PACIFIC RAILROAD COMPANY'S (UP) APRIL 18, 2003 PETITION TO DISMISS THE COMPLAINT; (2) DENIES THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND UP'S JULY 23, 2003 MOTION TO STRIKE REBUTTAL EVIDENCE; AND (3) REOPENS THE RECORD FOR THE SUBMISSION OF ADDITIONAL EVIDENCE TO ALLOW FOR A FAIR AND INFORMED DECISION ON THE MERITS OF THE RATE COMPLAINT.

    Entire Board · ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · decision 33562
17. 18 Nov 2003 NOR 42069
    NOTICE OF A CORRECTION TO THE BOARD'S DECISION SERVED ON NOVEMBER 6, 2003 IN THIS PROCEEDING.

    Entire Board · DUKE ENERGY CORPORATION V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 34219
18. 18 Nov 2003 FD 30186 (Sub-No. 3)
    (1) GRANTED TONGUE RIVER RAILROAD, INC.'S MOTION FOR A PROTECTIVE ORDER; AND (2) DIRECTED THE PARTIES TO COMPLY WITH THE PROTECTIVE ORDER IN THE APPENDIX TO THIS DECISION.

    Secretary · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 34213
19. 18 Nov 2003 FD 34433
    GRANTED THE MOTION FOR A PROTECTIVE ORDER AND ADOPTED THE PROTECTIVE ORDER AND UNDERTAKING IN THE APPENDIX TO THIS DECISION.

    Secretary · SOO LINE RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--WISCONSIN & SOUTHERN RAILROAD COMPANY · decision 34184
20. 18 Nov 2003 AB 33 (Sub-No. 208X)
    NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON AN 8.13-MILE LINE OF RAILROAD FROM MILEPOST 133.13 NEAR MARYSVILLE TO MILEPOST 125.00 NEAR MARIETTA, IN MARSHALL COUNTY, KS.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARSHALL COUNTY, KAN. · decision 34165
21. 18 Nov 2003 FD 34428
    INSTITUTED A DECLARATORY ORDER PROCEEDING AND ESTABLISHED A PROCEDURAL SCHEDULE FOR THE FILING OF WRITTEN COMMENTS AND REPLIES.

    Director Of Proceedings · THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY -- PETITION FOR DECLARATORY ORDER · decision 34147
22. 18 Nov 2003 AB 855 (Sub-No. 1X)
    GRANTED A JOINT PETITION FILED BY A&R AND TP&W SEEKING AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR A&R TO ABANDON, AND FOR TP&W TO DISCONTINUE SERVICE OVER , A LINE OF RAILROAD KNOWN AS THE A&R LINE EXTENDING FROM MILEPOST 5.1W NEAR KENNETH TO THE END OF THE LINE AT MILEPOST 21.0W NEAR WINAMAC, A DISTANCE OF 15.9 MILES IN CASS AND PULASKI COUNTIES, IN, SUBJECT TO TRAIL USE, PUBLIC USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS AS APPROPRIATE.

    Entire Board · A & R LINE, INC.--ABANDONMENT EXEMPTION--IN CASS AND PULASKI COUNTIES, IND. · also entered in AB 847 (Sub-No. 2X) · decision 33963
23. 18 Nov 2003 AB 847 (Sub-No. 1X)
    (1) GRANTED AN EXEMPTION, UNDER 49 U.S.C. 10502, FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR J.K. LINE, INC., TO ABANDON, AND FOR TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION TO DISCONTINUE SERVICE OVER, A 17-MILE LINE OF RAILROAD BETWEEN MILEPOST 199, NEAR NORTH JUDSON, AND MILEPOST 183, NEAR MONTEREY, AT THE END OF THE LINE, IN STARKE AND PULASKI COUNTIES, IN, SUBJECT TO ENVIRONMENTAL, PUBLIC USE, TRAIL USE, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS; AND (2) SET A PROCEDURAL SCHEDULE.

    Entire Board · TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION--DISCONTINUANCE EXEMPTION-- IN STARKE AND PULASKI COUNTIES, IN · also entered in AB 856 (Sub-No. 1X) · decision 33884
24. 17 Nov 2003 FD 34424
    GAVE NOTICE OF THE AVAILABILITY OF CN'S ENVIRONMENTAL APPENDIX AND INVITED WRITTEN COMMENTS ON ALL ASPECTS OF THE ENVIRONMENTAL APPENDIX BY DECEMBER 10, 2003.

    Chief Of Section Of Environmental Analysis · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION-CONTROL-DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY, BESSEMER AND LAKE ERIE RAILROAD COMPANY AND THE PITTSBURGH & CONNEAUT DOCK COMPANY · decision 34198
25. 17 Nov 2003 AB 33 (Sub-No. 211X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ALAMEDA COUNTY, CA · decision 34151