Week of 19 Jan 2004

Decisions served

1. 23 Jan 2004 AB 33 (Sub-No. 190X)
   GRANTED WISCONSIN DEPARTMENT OF TRANSPORTATION'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL JULY 31, 2004.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DUNN COUNTY, WI · decision 34399
2. 23 Jan 2004 AB 444 (Sub-No. 1X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · LAMOILLE VALLEY RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN CALEDONIA, WASHINGTON, ORLEANS, LAMOILLE, AND FRANKLIN COUNTIES, VT · decision 34350
3. 23 Jan 2004 FD 34405
   (1) GRANTED TAMC'S MOTION TO DISMISS ITS NOTICE OF EXEMPTION; AND (2) DISCONTINUED THIS PROCEEDING.

   Entire Board · TRANSPORTATION AGENCY FOR MONTEREY COUNTY--ACQUISITION EXEMPTION--CERTAIN ASSETS OF UNION PACIFIC RAILROAD COMPANY · decision 34210
4. 22 Jan 2004 AB 55 (Sub-No. 635X)
   GRANTED THE REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO JULY 23, 2004.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GRATIOT COUNTY, MI · decision 34388
5. 22 Jan 2004 FD 34449
   NOTICE THAT PITTSBURG & SHAWMUT RAILROAD, LLC (P&S), A NEWLY FORMED NONCARRIER AND WHOLLY OWNED SUBSIDIARY OF BUFFALO & PITTSBURGH RAILROAD, INC (BPRR), FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM BPRR THE PHYSICAL ASSETS THAT COMPRISE APPROXIMATELY 189.47 MILES OF RAIL LINE FORMERLY OPERATED BY PITTSBURG & SHAWMUT RAILROAD, INC. (PSRR), IN ARMSTRONG, CAMERON, CLARION, CLEARFIELD, ELK, AND JEFFERSON COUNTIES, PA.

   Director Of Proceedings · PITTSBURG & SHAWMUT RAILROAD, LLC--ACQUISITION EXEMPTION--BUFFALO & PITTSBURGH RAILROAD, INC. · decision 34337
6. 22 Jan 2004 FD 34448
   NOTICE THAT ALLEGHENY & EASTERN RAILROAD, LLC (A&E), A NEWLY FORMED NONCARRIER AND WHOLLY OWNED SUBSIDIARY OF BUFFALO & PITTSBURGH RAILROAD, INC. (BPRR), FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM BPRR THE PHYSICAL ASSETS THAT COMPRISE APPROXIMATELY 128.2 MILES OF RAIL LINE FORMERLY OPERATED BY ALLEGHENY & EASTERN RAILROAD, INC. (ALY), BETWEEN MILEPOST 2.8 IN THE CITY OF ERIE AND MILEPOST 131.0 IN THE CITY OF ST. MARYS, IN ERIE, WARREN, MCKEAN AND ELK COUNTIES, PA.

   Director Of Proceedings · ALLEGHENY & EASTERN RAILROAD, LLC--ACQUISITION EXEMPTION--BUFFALO & PITTSBURGH RAILROAD, INC. · decision 34336
7. 22 Jan 2004 FD 34447
   NOTICE THAT BUFFALO & PITTSBURGH RAILROAD, INC. (BPRR), ALLEGHENY & EASTERN RAILROAD, INC. (ALY), PITTSBURG & SHAWMUT RAILROAD, INC. (PSRR), AND BRADFORD INDUSTRIAL RAIL, INC. (BIR), FILED A VERIFIED NOTICE OF EXEMPTION UNDER THE BOARD'S CLASS EXEMPTION PROCEDURES AT 49 CFR 1180.2(D)(3) TO MERGE ALY, PSRR AND BIR INTO BPRR, WITH BPRR AS THE SURVIVING ENTITY.

   Director Of Proceedings · BUFFALO & PITTSBURGH RAILROAD, INC., ALLEGHENY & EASTERN RAILROAD, INC., PITTSBURG & SHAWMUT RAILROAD, INC., AND BRADFORD INDUSTRIAL RAIL, INC. -- CORPORATE FAMILY TRANSACTION EXEMPTION · decision 34335
8. 22 Jan 2004 AB 565 (Sub-No. 14X)
   DENIED A PETITION FILED BY CUSHING STONE COMPANY, INC. ON OCTOBER 7, 2003, ASKING THE BOARD TO REVOKE A NOTICE OF EXEMPTION PURSUANT TO WHICH NEW YORK CENTRAL LINES, LLC (NYC) AND CSX TRANSPORTATION, INC. (CSXT) WERE AUTHORIZED TO ABANDON (IN THE CASE OF NYC) AND TO DISCONTINUE SERVICE OVER (IN THE CASE OF CSXT) APPROXIMATELY 6.3 MILES OF RAILROAD FROM MILEPOST QGW 159.6 TO MILEPOST QGW 165.9, BETWEEN SOUTH AMSTERDAM IN MONTGOMERY COUNTY AND ROTTERDAM JUNCTION IN SCHENECTADY COUNTY, NY.

   Entire Board · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MONTGOMERY AND SCHENECTADY COUNTIES, NY · decision 34094
9. 21 Jan 2004 AB 33 (Sub-No. 143X)
   GRANTED THE IOWA TRAILS COUNCIL AND THE WRIGHT COUNTY CONSERVATION BOARD'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO FEBRUARY 19, 2004.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN WRIGHT, FRANKLIN AND CERRO GORDO COUNTIES, IA · decision 34394
10. 21 Jan 2004 WCC 105
    (1) ACCEPTED THE PUBLIC VERSION OF HORIZON LINES, INC.'S REPLY STATEMENT; AND (2) GRANTED DHX, INC.'S MOTION TO EXTEND THE REMAINDER OF THE PROCEDURAL SCHEDULE IN THIS PROCEEDING AND THE DUE DATE FOR FILING ITS REBUTTAL STATEMENT IS FURTHER EXTENDED UNTIL FEBRUARY 3, 2004.

    Secretary · DHX, INC. V. MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC. · decision 34393
11. 21 Jan 2004 S5M 34 (Sub-No. 10)
    (1) APPROVED MIDDLEWEST MOTOR FREIGHT BUREAU, INC.'S REVISED BUREAU AGREEMENT; AND (2) DISCONTINUED THIS PROCEEDING.

    Secretary · MIDDLEWEST MOTOR FREIGHT BUREAU, INC.--RENEWAL OF AGREEMENT · decision 34390
12. 21 Jan 2004 FD 34428
    (1) FOUND THAT, UNDER CERTAIN SPECIFIED CIRCUMSTANCES, CONSTRUCTION OF A PROPOSED CONNECTOR BETWEEN THE STATEN ISLAND RAILROAD AND THE CHEMICAL COAST SECONDARY LINE WOULD NOT REQUIRE ADDITIONAL AUTHORITY FROM THE BOARD; AND (2) DISCONTINUED THIS PROCEEDING.

    Entire Board · THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY -- PETITION FOR DECLARATORY ORDER · decision 34367
13. 21 Jan 2004 FD 33388 (Sub-No. 91)
    (1) DENIED THE DIVESTITURE AND OTHER RELIEF SOUGHT BY THE LACKAWANNA COALITION; (2) SET A PROCEDURAL SCHEDULE FOR THE FIFTH AND FINAL ROUND OF THE PROCEEDING; AND (3) ORDERED THAT CSX AND NS MUST CONTINUE TO FILE QUARTERLY ENVIRONMENTAL STATUS REPORTS FOR THE DURATION OF THE OVERSIGHT PERIOD.

    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 [GENERAL OVERSIGHT] · decision 34186
14. 20 Jan 2004 AB 601 (Sub-No. 1X)
    (1) REOPENED THIS PROCEEDING; (2) DENIED THE REQUEST FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE; (3) GRANTED THE REQUEST FOR IMPOSITION OF A PUBLIC USE CONDITION, AS DISCUSSED IN THIS DECISION; AND (4) IMPOSED AN ENVIRONMENTAL CONDITION ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · PINE BELT SOUTHERN RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN LEE AND CHAMBERS COUNTIES, AL · decision 34384
15. 20 Jan 2004 FD 34456
    NOTICE THAT UP HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO BNSF OVER UP'S DALLAS SUBDIVISION LINES BETWEEN UP MILEPOST 245.3 AT FORT WORTH, TX (EAST TOWER 55), AND UP MILEPOST 214.6 AT DALLAS, TX (TERMINAL JUNCTION).

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 34371
16. 20 Jan 2004 AB 55 (Sub-No. 568X)
    (1) PERMITTED NEW FRANKLIN PROPERTIES, LLC TO INTERVENE IN THIS PROCEEDING; (2) ORDERED THAT THE PARTIES SHOULD SUBMIT, BY NO LATER THAN FEBRUARY 9, 2004, EVIDENCE IN ACCORDANCE WITH THIS DECISION; (3) GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE JULY 30, 2004; AND (4) GRANTED CSXT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL JULY 30, 2004.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, PA · decision 34053
17. 20 Jan 2004 FD 34392
    LIFTED THE STAY OF THE EFFECTIVENESS OF THE EXEMPTION INVOKED BY NOTICE FILED IN THIS PROCEEDING BY NEW JERSEY RAIL CARRIER LLC.

    Entire Board · NEW JERSEY RAIL CARRIER LLC--ACQUISITION AND OPERATION EXEMPTION--FORMER COLUMBIA TERMINALS, KEARNY, NJ · decision 33906