Week of 12 Apr 2004

Decisions served

1. 16 Apr 2004 AB 55 (Sub-No. 598X)
   GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE OCTOBER 9, 2004.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GREENBRIER COUNTY, WV · decision 34651
2. 16 Apr 2004 AB 565 (Sub-No. 8X)
   GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE OCTOBER 9, 2004.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN DELAWARE COUNTY, OH · decision 34650
3. 16 Apr 2004 FD 34490
   NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER BNSF'S RAIL LINES BETWEEN BNSF MILEPOST 69.6 NEAR SPOKANE, WA, AND BNSF MILEPOST 1400.00 NEAR SANDPOINT, ID, A DISTANCE OF APPROXIMATELY 70.0 MILES.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34610
4. 15 Apr 2004 AB 33 (Sub-No. 153X)
   GRANTED IOWA TRAILS COUNCIL'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO OCTOBER 12, 2004.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION-- IN MONROE COUNTY, IA · decision 34643
5. 15 Apr 2004 NOM 42085
   (1) INSTITUTED A DECLARATORY ORDER PROCEEDING; (2) ORDERED THAT THIS PROCEEDING BE HANDLED UNDER THE MODIFIED PROCEDURE RULES, ON THE BASIS OF WRITTEN STATEMENTS SUBMITTED BY THE PARTIES; (3) ORDERED THAT ALL PARTIES MUST COMPLY WITH THE RULES OF PRACTICE AT 49 CFR SUBCHAPTER B, INCLUDING PARTS 1112 AND 1114; AND (4) SET A PROCEDURAL SCHEDULE.

   Secretary · CLIMATE MASTER INC. AND INTERNATIONAL ENVIRONMENTAL, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF TRANS TECH SOLUTIONS, INC., F&M BANK, AND MIDLAND TRANSPORTATION CO. · decision 34468
6. 14 Apr 2004 NOR 42071
   DENIED OTTER TAIL POWER COMPANY'S MOTION TO STRIKE PORTIONS OF THE SUPPLEMENTAL REPLY EVIDENCE OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY.

   Secretary · OTTER TAIL POWER COMPANY V. BNSF RAILWAY COMPANY · decision 34630
7. 14 Apr 2004 FD 34489
   (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 REDACTED TRACKAGE RIGHTS AGREEMENT SUBMITTED IN STB FINANCE DOCKET NO. 34489 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 · STILLWATER CENTRAL RAILROAD, INC.--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34622
8. 13 Apr 2004 AB 6 (Sub-No. 384X)
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE DECISION SERVED ON SEPTEMBER 9, 1999.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MINNEHAHA COUNTY, SD · decision 34653
9. 12 Apr 2004 AB 167 (Sub-No. 1095X)
   NOTICE TO THE PARTIES: PURSUANT TO SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT, THIS NOTICE TO THE PARTIES SUMMARIZES AND RESPONDS TO ALL COMMENTS RECEIVED IN RESPONSE TO THE OCTOBER 2003 NOTICE AND DRAFT MEMORANDUM OF AGREEMENT (MOA), INCLUDING THOSE THAT FAVOR CONVERTING THIS RAILROAD RIGHT-OF-WAY TO A TRAIL, AND PRESENTS THE FINAL MOA, WHICH SETS FORTH MEASURES FOR MITIGATING ADVERSE EFFECTS OF THE PROPOSED ABANDONMENT ON HISTORIC PROPERTIES.

   Chief Of Section Of Environmental Analysis · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--LANCASTER AND CHESTER COUNTIES, PA · decision 34617
10. 12 Apr 2004 AB 854-X
    GRANTED CAMERON COUNTY'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL JULY 27, 2004

    Director Of Proceedings · ALLEGHENY AND EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ELK AND CAMERON COUNTIES, PA · decision 34602
11. 12 Apr 2004 FD 34485
    NOTICE THAT CZRY HAS FILED A VERIFIED NOTICE OF EXEMPTION TO OPERATE APPROXIMATELY 70.01 MILES OF A LINE OF RAILROAD EXTENDING BETWEEN MILEPOST 59.60 AT DIVISION, CA, AND MILEPOST 129.61 NEAR PLASTER CITY, CA.

    Director Of Proceedings · CARRIZO GORGE RAILWAY, INC.--OPERATION EXEMPTION--SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY · decision 34591
12. 12 Apr 2004 NOR 42068
    (1) DISCONTINUED THIS PROCEEDING; (2) ACCEPTED ALL FILED PLEADINGS INTO THE RECORD; AND (3) FOUND THAT THE NORFOLK SOUTHERN RAILWAY COMPANY'S DEMURRAGE TARIFF IS REASONABLE, AND RETURNED THE CASE TO THE COURT WITH SOME GUIDANCE FOR EVALUATING CAPITOL MATERIAL INCORPORATED'S UNREASONABLE PRACTICE ARGUMENTS.

    Entire Board · CAPITOL MATERIALS INCORPORATED--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF NORFOLK SOUTHERN RAILWAY COMPANY · decision 32807