Week of 1 Dec 2003

Decisions served

1. 5 Dec 2003 WCC 105
   (1) ACCEPTED DHX, INC.'S OPENING STATEMENT FOR FILING; AND (2) GRANTED HORIZON LINES, INC.'S MOTION TO EXTEND THE REMAINDER OF THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.

   Secretary · DHX, INC. V. MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC. · decision 34256
2. 5 Dec 2003 AB 167 (Sub-No. 1184X)
   REJECTED A VERIFIED NOTICE OF EXEMPTION FILED BY CONRAIL TO ABANDON A PORTION OF A LINE OF RAILROAD KNOWN AS THE SAYREVILLE RUNNING TRACK, BETWEEN MILEPOST 10.85+ AND MILEPOST 11.31+ IN THE TOWNSHIP OF NORTH BRUNSWICK, MIDDLESEX COUNTY, NJ.

   Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, NJ · decision 34241
3. 5 Dec 2003 AB 290 (Sub-No. 239X)
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE BOARD'S NOVEMBER 12, 2003 DECISION.

   Director Of Proceedings · THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN NEW ORLEANS, LA · decision 34239
4. 5 Dec 2003 FD 34427
   GRANTED A PETITION FOR EXEMPTION UNDER 49 U.S.C. 10502, FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10902 FOR BUFFALO & PITTSBURGH RAILROAD, INC., TO LEASE FROM CSX TRANSPORTATION, INC., AND OPERATE A 40.8-MILE RAIL LINE BETWEEN MILEPOST 10.4 AT GLENSHAW AND MILEPOST 51.2 AT P&W JUNCTION (NEW CASTLE), PA.

   Entire Board · BUFFALO & PITTSBURGH RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 34218
5. 5 Dec 2003 AB 565 (Sub-No. 15X)
   GRANTED A JOINT PETITION FILED BY NYC AND CSXT SEEKING AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO DISCONTINUE SERVICE OVER A 1.64-MILE LINE OF RAILROAD IN THE WESTERN REGION, GREAT LAKES DIVISION, INDIANAPOLIS LINE SUBDIVISION, EXTENDING FROM MILEPOST QIN 95.34 TO MILEPOST QIN 96.98, IN NEW CASTLE, HENRY COUNTY, IN, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · NEW YORK CENTRAL LINES, LLC--DISCONTINUANCE EXEMPTION--IN HENRY COUNTY, IN · also entered in AB 55 (Sub-No. 639X) · decision 33983
6. 4 Dec 2003 AB 325 (Sub-No. 2X)
   GRANTED THE REQUESTS TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL JUNE 2, 2004, FOR THE PORTIONS OF THE LINE DESCRIBED IN THIS DECISION.

   Director Of Proceedings · FLORIDA MIDLAND RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SUMTER AND LAKE COUNTIES, FL · decision 34252
7. 4 Dec 2003 NOR 41191 (Sub-No. 1)
   GRANTED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S MOTION TO COMPEL PRODUCTION OF AGREEMENTS AND DOCUMENTS RELATED TO THE PRODUCTION AND TRANSPORTATION OF COAL TO AEP TEXAS NORTH COMPANY'S OKLAUNION GENERATING STATION.

   Secretary · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 34235
8. 4 Dec 2003 AB 124 (Sub-No. 2)
   (1) GRANTED FRASER PAPERS, INC.'S (FRASER) MOTION TO REQUIRE DISCLOSURE OF A CONFIDENTIAL VERSION OF JAMES N. HELLER'S VERIFIED STATEMENT (HELLER'S STATEMENT) UNDER THE TERMS OF THE PROTECTIVE ORDER; AND (2) DIRECTED THAT, WITHIN 3 BUSINESS DAYS OF THE SERVICE OF THIS ORDER, THE TRUSTEE OF THE BANGOR AND AROOSTOOK RAILROAD COMPANY, ET AL. MUST PROVIDE TO FRASER'S OUTSIDE COUNSEL A CONFIDENTIAL VERSION OF HELLER'S STATEMENT SO THAT IT CAN BE GIVEN TO FRASER'S IN-HOUSE PERSONNEL.

   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 34220
9. 4 Dec 2003 EP 537 (Sub-No. 1)
   AMENDED THE BOARD'S REGULATIONS CONCERNING THE SERVICE OF A NOTICE OF INTENT TO ABANDON OR DISCONTINUE RAIL SERVICE BY REMOVING AN OBSOLETE REFERENCE TO A LABOR ORGANIZATION AND MAKING TECHNICAL CHANGES.

   Entire Board · PUBLIC PARTICIPATION IN RAILROAD ABANDONMENT PROCEEDINGS · decision 34200
10. 3 Dec 2003 AB 855 (Sub-No. 1X)
    (1) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION AUTHORIZING THE ABANDONMENT IN ORDER TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 TO PROCEED; (2) ORDERED THAT, IF A&R AND KOKOMO GRAIN COMPANY CANNOT AGREE ON THE PURCHASE PRICE, EITHER PARTY MAY REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF THE PURCHASE ON OR BEFORE DECEMBER 26, 2003; AND (3) ORDERED THAT, IF NO AGREEMENT IS REACHED AND NO REQUEST IS SUBMITTED BY THAT DATE, THE BOARD WILL SERVE A DECISION VACATING THIS DECISION AND ALLOWING THE ABANDONMENT EXEMPTION TO BECOME EFFECTIVE.

    Director Of Proceedings · A & R LINE, INC.--ABANDONMENT EXEMPTION--IN CASS AND PULASKI COUNTIES, IND. · decision 34247
11. 3 Dec 2003 AB 254 (Sub-No. 7X)
    (1) REOPENED THIS PROCEEDING; (2) IMPOSED INTERIM TRAIL USE/RAIL BANKING AND PUBLIC USE CONDITIONS FOR THE PORTIONS OF THE LINE BETWEEN MILEPOST 0.18, IN WEBSTER, AND MILEPOST 1.4+/-, IN DUDLEY, AND BETWEEN MILEPOST 4.8+/-, IN DUDLEY, AND MILEPOST 10.98, IN SOUTHBRIDGE, FOR A PERIOD OF 180 DAYS COMMENCING FROM THE DECEMBER 4, 2003 EFFECTIVE DATE OF THE EXEMPTION (UNTIL JUNE 1, 2004); AND (3) IMPOSED CONDITIONS THAT P&W SHALL: (A) CONSULT WITH NATIONAL GEODETIC SURVEY (NGS) AND PROVIDE NGS WITH 90 DAYS' NOTICE BEFORE DISTURBING OR DESTROYING ANY GEODIC MARKERS; AND (B) TAKE NO STEPS TO ALTER THE HISTORIC INTEGRITY OF THE RIGHT-OF-WAY UNTIL COMPLETION OF THE SECTION 106 PROCESS OF THE NATIONAL HISTORIC PRESERVATION ACT.

    Director Of Proceedings · PROVIDENCE AND WORCESTER RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WORCESTER COUNTY, MA, AND WINDHAM COUNTY, CT · decision 34189
12. 2 Dec 2003 FD 34392
    GRANTED THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S REQUEST FOR AN EXTENSION TO FILE ITS REPLY TO THE MATERIAL FILED BY NEW JERSEY RAIL CARRIER, LLC ON OCTOBER 14, 2003 TO DECEMBER 5, 2003.

    Secretary · NEW JERSEY RAIL CARRIER LLC--ACQUISITION AND OPERATION EXEMPTION--FORMER COLUMBIA TERMINALS, KEARNY, NJ · decision 34251
13. 2 Dec 2003 FD 34436
    NOTICE THAT UP HAS AGREED TO GRANT CERTAIN TRACKAGE RIGHTS TO BNSF BETWEEN GIBBS, ID, AT COEUR D' ALENE INDUSTRIAL LEAD MILEPOST 7.40 AND COEUR D' ALENE, AT COEUR D' ALENE INDUSTRIAL LEAD MILEPOST 8.79.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 34205
14. 2 Dec 2003 AB 6 (Sub-No. 405X)
    NOTICE THAT BNSF FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A LINE OF RAILROAD EXTENDING BETWEEN MILEPOST 57.80, NEAR PAWNEE, AND MILEPOST 117.03, NEAR ENDICOTT, IN JEFFERSON, GAGE, AND PAWNEE COUNTIES, NE.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON, GAGE, AND PAWNEE COUNTIES, NE · decision 34204
15. 1 Dec 2003 FD 34442
    POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION IN STB FINANCE DOCKET NO. 34442 TO DECEMBER 9, 2003.

    Commissioner · MARITIME RAIL, LLC--LEASE AND OPERATION EXEMPTION--MEADOWS INDUSTRIAL TRACKS · decision 34250
16. 1 Dec 2003 AB 857-X
    DENIED WINDSOR, SEVERANCE & EATON RAILROAD, LLC'S REQUEST TO TOLL THE TIME PERIOD FOR SUBMITTING ITS OFA.

    Director Of Proceedings · GREAT WESTERN RAILWAY OF COLORADO, LLC.--ABANDONMENT EXEMPTION--IN WELD COUNTY, CO · decision 34240
17. 1 Dec 2003 AB 854-X
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE OCTOBER 30, 2003 DECISION.

    Director Of Proceedings · ALLEGHENY AND EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ELK AND CAMERON COUNTIES, PA · decision 34232
18. 1 Dec 2003 FD 34424
    (1) ACCEPTED FOR CONSIDERATION THE PRIMARY APPLICATION AND RELATED FILINGS FILED NOVEMBER 5, 2003, BY CANADIAN NATIONAL RAILWAY COMPANY, (CNR, A RAIL CARRIER THAT CONTROLS SEVERAL RAIL CARRIER SUBSIDIARIES) AND GRAND TRUNK CORPORATION CORPORATION (A NONCARRIER HOLDING COMPANY THROUGH WHICH CNR CONTROLS ITS U. S. RAIL CARRIER SUBSIDIARIES); AND (2) SETS A PROCEDURAL SCHEDULE.

    Entire Board · 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 · also entered in FD 34424 (Sub-No. 1), FD 34424 (Sub-No. 2) · decision 34197