Week of 2 Feb 2004

Decisions served

1. 6 Feb 2004 AB 55 (Sub-No. 568X)
   (1) EXTENDED THE DUE DATE FOR SUBMISSION OF THE EVIDENCE CALLED FOR IN THE DECISION SERVED ON JANUARY 20, 2004, TO FEBRUARY 17, 2004, AND (2) EXTENDED THE DUE DATE FOR REPLIES TO FEBRUARY 27, 2004.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, PA · decision 34443
2. 6 Feb 2004 AB 33 (Sub-No. 187X)
   GRANTED IOWA NATURAL HERITAGE FOUNDATION'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL AUGUST 10, 2004.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN BOONE AND DALLAS COUNTIES, IA · decision 34437
3. 6 Feb 2004 FD 34457
   NOTICE THAT UCRC HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE FROM BOYER BDO, L.C. AND THE CITY OF OGDEN, UT, THE RIGHT TO OPERATE OVER APPROXIMATELY 15 MILES OF TRACKAGE IN OGDEN.

   Director Of Proceedings · UTAH CENTRAL RAILWAY COMPANY--ACQUISITION AND OPERATION EXEMPTION--BOYER BDO, L.C. AND CITY OF OGDEN, UT · decision 34392
4. 6 Feb 2004 AB 600
   GRANTED IN PART AND DENIED IN PART KERSHAW SUNNYSIDE RANCHES, INC.'S PETITION FOR WAIVER.

   Director Of Proceedings · YAKIMA INTERURBAN LINES ASSOCIATION--ADVERSE ABANDONMENT--IN YAKIMA COUNTY, WA · decision 34281
5. 5 Feb 2004 FD 27590 (Sub-No. 3)
   PROVIDES NOTICE OF AN APPLICATION TO EXTEND FOR 15 YEARS TTX COMPANY'S FLATCAR POOLING AUTHORITY AND REQUESTS PUBLIC COMMENTS ON THE APPLICATION BY MARCH 22, 2004.

   Secretary · TTX COMPANY--APPLICATION FOR APPROVAL OF POOLING OF CAR SERVICE WITH RESPECT TO FLATCARS · decision 34378
6. 5 Feb 2004 FD 34453
   GRANTED GENESEE & WYOMING INC. AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323 ET SEQ. TO ACQUIRE CONTROL OF TWO CLASS III RAIL CARRIERS (ARKANSAS, LOUISIANA & MISSISSIPPI RAILROAD COMPANY AND FORDYCE & PRINCETON RAILROAD COMPANY) BY PURCHASE OF ALL OF THE STOCK OF EACH FROM GEORGIA PACIFIC CORPORATION.

   Entire Board · GENESSEE & WYOMING INC.--CONTROL EXEMPTION--ARKANSAS, LOUISIANA & MISSISSIPPI RAILROAD COMPANY AND FORDYCE & PRINCETON RAILROAD COMPANY · decision 34326
7. 5 Feb 2004 FD 34319
   (1) DISCONTINUED THIS PROCEEDING; AND (2) DISMISSED CONRAIL'S DECLARATORY ORDER PETITION (FILED FEBRUARY 25, 2003) WITH PREJUDICE.

   Secretary · CONSOLIDATED RAIL CORPORATION--PETITION FOR DECLARATORY ORDER PROCEEDING · decision 34248
8. 4 Feb 2004 AB 864-X
   GRANTED HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY'S MOTION FOR A PROTECTIVE ORDER.

   Secretary · HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY--ABANDONMENT EXEMPTION--IN MCLEOD, CARVER AND HENNEPIN COUNTIES, MN · decision 34432
9. 4 Feb 2004 AB 859-X
   (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED 3 ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

   Director Of Proceedings · PENNSYLVANIA LINES LLC--ABANDONMENT EXEMPTION--IN CHESTER COUNTY, PA · decision 34398
10. 4 Feb 2004 FD 34438
    NOTICE THAT HESR HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE FROM CMRY AND OPERATE APPROXIMATELY 99.87 MILES OF RAIL LINE.

    Director Of Proceedings · HURON & EASTERN RAILWAY COMPANY, INC.--ACQUISITION AND OPERATION EXEMPTION--CENTRAL MICHIGAN RAILWAY COMPANY · decision 34361
11. 4 Feb 2004 NOR 42070
    BOARD FOUND THAT THE CHALLENGED RATES HAVE NOT BEEN SHOWN TO BE UNREASONABLE UNDER THE STAND-ALONE COST RATE REASONABLENESS TEST.

    Entire Board · DUKE ENERGY CORPORATION V. CSX TRANSPORTATION, INC. · decision 32508
12. 3 Feb 2004 AB 55 (Sub-No. 591X)
    GRANTED CSXT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO AUGUST 4, 2004 AND ITS REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE OCTOBER 4, 2004.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK AND FLOYD COUNTIES, IN · decision 34405
13. 3 Feb 2004 NOR 42069
    GRANTED IN PART THE PETITION OF DUKE ENERGY CORPORATION, SEEKING CERTAIN TECHNICAL CORRECTIONS IN THE BOARD'S DECISION SERVED ON NOVEMBER 6, 2003, IN THIS PROCEEDING.

    Entire Board · DUKE ENERGY CORPORATION V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 34320
14. 2 Feb 2004 AB 167 (Sub-No. 1184X)
    (1) REOPENED THIS PROCEEDING; AND (2) ORDERED THAT THE EXEMPTION OF THE ABANDONMENT OF THE LINE DESCRIBED IN THIS DECISION IS SUBJECT TO THE CONDITION THAT CONRAIL RETAIN ITS INTEREST IN AND TAKE NO STEPS TO ALTER THE HISTORIC INTEGRITY OF THE LINE AND ALL SITES AND STRUCTURES ON THE LINE UNTIL THE COMPLETION OF THE SECTION 106 PROCESS OF THE NHPA.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, NJ · decision 34374
15. 2 Feb 2004 AB 389 (Sub-No. 1X)
    DENIED THE JOINT PETITION OF RAILS TO TRAILS CONSERVANCY AND SOUTH GEORGIA RAILS TO TRAILS FOR PARTIAL RECONSIDERATION OF THE DECISION SERVED MAY 16, 2003, IN WHICH THE BOARD GRANTED A PETITION TO VACATE A NOTICE OF INTERIM TRAIL USE.

    Entire Board · GEORGIA GREAT SOUTHERN DIVISION, SOUTH CAROLINA CENTRAL RAILROAD CO., INC.--ABANDONMENT AND DISCONTINUANCE EXEMPTION--BETWEEN ALBANY AND DAWSON, IN TERRELL, LEE, AND DOUGHERTY COUNTIES, GA · decision 33863