Week of 1 Mar 2004

Decisions served

1. 5 Mar 2004 FD 34477
   NOTICE THAT UP HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO BNSF OVER UP'S (1) LAKE CHARLES SUBDIVISION LINE BETWEEN UP MILEPOST 680.2 AT IOWA JUNCTION, LA, AND UP MILEPOST 660.6 AT KINDER, LA, (2) BEAUMONT SUBDIVISION LINE BETWEEN UP MILEPOST 544.5 AT KINDER, LA, AND UP MILEPOST 621.0 AT LIVONIA, LA, AND (3) LIVONIA SUBDIVISION LINE BETWEEN UP MILEPOST 114.8 AT LIVONIA, LA, AND UP MILEPOST 14.4 AT LIVE OAK, LA.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 34499
2. 5 Mar 2004 AB 855 (Sub-No. 1X)
   (1) REVISED THE BOARD'S DECISION SERVED IN THIS PROCEEDING ON NOVEMBER 18, 2003 GRANTING THE ABANDONMENT AND DISCONTINUANCE EXEMPTION TO CORRECT THE DESCRIPTION OF THE SUBJECT LINE AS A 21-MILE RAIL LINE, EXTENDING FROM MILEPOST 0.0W AT KENNETH TO MILEPOST 21.0W AT WINAMAC, IN; AND (2) PERMITS THE FILING OF REVISED REQUESTS FOR PUBLIC USE AND TRAIL USE CONDITIONS AND A REVISED OFFER OF FINANCIAL ASSISTANCE. THE REMAINDER OF THE NOVEMBER 18, 2003 DECISION, INCLUDING THE ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS THAT WERE IMPOSED, REMAINS UNCHANGED.

   Entire Board · A & R LINE, INC.--ABANDONMENT EXEMPTION--IN CASS AND PULASKI COUNTIES, IND. · also entered in AB 847 (Sub-No. 2X) · decision 34426
3. 4 Mar 2004 AB 55 (Sub-No. 643X)
   POSTPONED THE EFFECTIVE DATE OF THE DECISION AND NOTICE AUTHORIZING ABANDONMENT TO PERMIT THE OFFER OF FINANCIAL ASSISTANCE PROCESS UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 TO PROCEED.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN LAPORTE, PORTER AND STARKE COUNTIES, IND. · decision 34518
4. 4 Mar 2004 FD 34305
   GRANTED FINAL APPROVAL FOR AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 FOR THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) TO CONSTRUCT AND OPERATE AN 850-FOOT LINE OF RAILROAD IN MERCED COUNTY, CA. THE PROPOSED LINE WOULD CONNECT TO THE BNSF STOCKTON SUBDIVISION MAIN LINE BETWEEN STOCKTON AND BAKERSFIELD, CA.

   Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--MERCED COUNTY, CA · decision 34452
5. 3 Mar 2004 FD 33407
   NOTICE THAT THE BOARD WILL ADDRESS THE REMANDED ISSUES CONSISTENT WITH THE DECISION OF THE COURT OF APPEALS.

   Secretary · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 34522
6. 3 Mar 2004 FD 33388 (Sub-No. 91)
   NOTICE THAT THE FIRST OF THE TWO PUBLIC HEARINGS TO BE HELD IN THIS PROCEEDING WILL BE HELD ON FRIDAY, APRIL 2, 2004, BEGINNING AT 12:00 NOON, IN CEREMONIAL COURTROOM #1 ON THE THIRD FLOOR OF THE CLARKSON S. FISHER FEDERAL BUILDING & COURTHOUSE, AT 402 EAST STATE STREET IN TRENTON, NJ.

   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 [GENERAL OVERSIGHT] · decision 34502
7. 3 Mar 2004 FD 30186 (Sub-No. 3)
   GRANTED THE UNITED TRANSPORTATION UNION-GENERAL COMMITTEE OF ADJUSTMENT AND THE UNITED TRANSPORTATION UNION-MONTANA STATE LEGISLATIVE BOARD'S MOTION TO COMPEL DISCOVERY, SUBJECT TO THE PROTECTIVE ORDER IMPOSED BY THE DECISION SERVED IN THIS PROCEEDING ON NOVEMBER 18, 2003.

   Secretary · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 34492
8. 3 Mar 2004 FD 34470
   (1) GRANTED THE PETITION FOR A PROTECTIVE ORDER; (2) ADOPTED THE PROTECTIVE ORDER AND UNDERTAKING IN THE APPENDIX TO THIS DECISION; AND (3) ORDERED THAT THE UNREDACTED TRACKAGE RIGHTS AGREEMENT SUBMITTED IN FINANCE DOCKET NO. 34470 WILL BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC, UNLESS THE UNDERTAKING IS EXECUTED AND THE TERMS OF THE PROTECTIVE ORDER ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

   Secretary · NORFOLK SOUTHERN RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--WESTERN NEW YORK & PENNSYLVANIA RAILROAD, LLC · decision 34489
9. 3 Mar 2004 FD 34443
   NOTICE THAT TIMBER ROCK RAILROAD, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 29.2 MILES OF RAIL LINE LOCATED BETWEEN MILEPOST 51.0 NEAR KIRBYVILLE, TX, AND MILEPOST 21.8, NEAR SILSBEE, TX.

   Director Of Proceedings · TIMBER ROCK RAILROAD, INC.--LEASE EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34447
10. 3 Mar 2004 FD 34354
    DENIED MAUMEE & WESTERN RAILROAD CORPORATION AND RMW VENTURES, LLC'S REQUEST FOR THE INSTITUTION OF A DECLARATORY ORDER PROCEEDING.

    Director Of Proceedings · MAUMEE & WESTERN RAILROAD CORPORATION AND RMW VENTURES, LLC--PETITION FOR DECLARATORY ORDER · decision 33606
11. 2 Mar 2004 AB 838
    EXTENDED THE DEADLINE FOR SUBMISSION OF PROTESTS OR WRITTEN COMMENTS RESPONSIVE TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S (IDOT) ABANDONMENT AND DISCONTINUANCE OF SERVICE APPLICATION UNTIL MAY 4, 2004; AND (2) EXTENDED THE DUE DATE FOR IDOT'S REPLY TO OPPOSITION TO ITS APPLICATION TO MAY 19, 2004.

    Secretary · EAST ST. LOUIS JUNCTION RAILROAD COMPANY--ADVERSE ABANDONMENT--IN ST. CLAIR COUNTY, IL · also entered in AB 33 (Sub-No. 199) · decision 34511
12. 2 Mar 2004 FD 34391
    (1) CONDITIONALLY GRANTED NEW ENGLAND TRANSRAIL, LLC, D/B/A WILMINGTON & WOBURN TERMINAL RAILROAD CO. (W&WTR), AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 FOR AUTHORITY TO CONSTRUCT 2,700 FEET OF NEW LINE, TO ACQUIRE 1,300 FEET OF EXISTING TRACK, AND TO OPERATE THE ENTIRE APPROXIMATELY 4,000 FEET OF TRACK LOCATED IN WILMINGTON, MA, BUT A PORTION OF THE LINE TO BE CONSTRUCTED AND OPERATED BY W&WTR ALSO WOULD BE LOCATED IN WOBURN, MA; AND (2) CONCLUDED THAT THE BOARD WILL ISSUE A FINAL DECISION AS TO WHETHER THE EXEMPTION SHOULD BE ALLOWED TO GO INTO EFFECT AFTER COMPLETION OF THE ENVIRONMENTAL REVIEW PROCESS.

    Entire Board · NEW ENGLAND TRANSRAIL, LLC, D/B/A WILMINGTON AND WOBURN TERMINAL RAILROAD CO.--CONSTRUCTION, ACQUISITION, AND OPERATION EXEMPTION--IN WILMINGTON AND WOBURN, MA · decision 34263
13. 1 Mar 2004 NOR 42057
    THE REQUEST IN THE DECISION SERVED FEBRUARY 17, 2004, THAT THE PARTIES SUBMIT MORE RECENT TRAFFIC DATA FOR THE STAND-ALONE TRAFFIC GROUP BY MARCH 8, 2004, IS WITHDRAWN.

    Secretary · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 34517
14. 1 Mar 2004 AB 601 (Sub-No. 1X)
    (1) REOPENED THIS PROCEEDING; (2) MODIFIED THE HISTORIC PRESERVATION CONDITION PREVIOUSLY IMPOSED IN THE BOARD'S JANUARY 20, 2004 DECISION; AND (3) IMPOSED THREE NEW ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · PINE BELT SOUTHERN RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN LEE AND CHAMBERS COUNTIES, AL · decision 34483
15. 1 Mar 2004 AB 6 (Sub-No. 407X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SEATTLE, KING COUNTY, WA · decision 34453
16. 1 Mar 2004 AB 6 (Sub-No. 405X)
    GRANTED A PETITION FOR EXEMPTION TO ABANDON A 59.23-MILE RAIL LINE, SUBJECT TO CERTAIN ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON, GAGE, AND PAWNEE COUNTIES, NE · decision 34383