Week of 21 Jun 2004

Decisions served

1. 25 Jun 2004 FD 34514
   DENIED A PETITION TO STAY THE EFFECTIVENESS OF THE 49 CFR 1150.41 EXEMPTION INVOKED BY A NOTICE IN THIS PROCEEDING.

   Commissioner · RARITAN CENTRAL RAILWAY, L.L.C.--OPERATION EXEMPTION--HELLER INDUSTRIAL PARKS, INC. · decision 34856
2. 25 Jun 2004 FD 34192 (Sub-No. 1)
   (1) GRANTED HI TECH PERMISSION TO WITHDRAW ITS APPEAL FILED ON AUGUST 25, 2003; AND (2) DISCONTINUED THIS PROCEEDING.

   Secretary · HI TECH TRANS, LLC--PETITION FOR DECLARATORY ORDER--NEWARK, NJ · decision 34844
3. 25 Jun 2004 FD 34415
   HELD THIS PROCEEDING IN ABEYANCE UNTIL SEPTEMBER 30, 2004.

   Secretary · OHIO DEPARTMENT OF TRANSPORTATION--PETITION FOR DECLARATORY ORDER--STATUS OF TRACK AT FINDLAY, HANCOCK COUNTY, OH · decision 34818
4. 25 Jun 2004 AB 6 (Sub-No. 413X)
   (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED SIX ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WASHINGTON COUNTY, MN · decision 34784
5. 25 Jun 2004 AB 167 (Sub-No. 1094A)
   GRANTED THE REQUEST OF THE CITY OF NEW YORK TO CONTINUE THIS PROCEEDING IN ABEYANCE UNTIL JULY 5, 2004.

   Entire Board · CHELSEA PROPERTY OWNERS--ABANDONMENT--PORTION OF THE CONSOLIDATED RAIL CORPORATION'S WEST 30TH STREET SECONDARY TRACK IN NEW YORK, NY · decision 34710
6. 24 Jun 2004 NOR 42079
   (1) GRANTED THE MOTION TO DISMISS WITHOUT PREJUDICE; AND (2) DISCONTINUED THIS PROCEEDING.

   Secretary · AG PROCESSING INC. V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 34846
7. 24 Jun 2004 FD 34514
   POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION IN STB FINANCE DOCKET NO. 34514 UNTIL 6:00 P.M. EDT ON FRIDAY, JUNE 25, 2004.

   Director Of Proceedings · RARITAN CENTRAL RAILWAY, L.L.C.--OPERATION EXEMPTION--HELLER INDUSTRIAL PARKS, INC. · decision 34835
8. 24 Jun 2004 NOR 42071
   GRANTED A MOTION FILED BY OTTER TAILS SEEKING AN EXTENSION OF TIME TO FILE ITS REPLY TO A MOTION TO STRIKE FILED BY BNSF TO JULY 20, 2004.

   Secretary · OTTER TAIL POWER COMPANY V. BNSF RAILWAY COMPANY · decision 34816
9. 24 Jun 2004 FD 34511
   NOTICE THAT B&DR HAS FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE, FROM BR&W, AND OPERATE APPROXIMATELY 10 MILES OF RAIL LINE BETWEEN MILEPOST 6.2 AT RINGOES AND MILEPOST 16.2 AT THREE BRIDGES, IN HUNTERDON COUNTY, NJ.

   Director Of Proceedings · BELVIDERE & DELAWARE RIVER RAILWAY COMPANY, INC.--LEASE AND OPERATION EXEMPTION--BLACK RIVER & WESTERN CORP. D/B/A BLACK RIVER & WESTERN RAILROAD · decision 34781
10. 24 Jun 2004 FD 32000 (Sub-No. 12)
    PROVIDED NOTICE THAT THE BOARD INTENDS TO TAKE NO FURTHER ACTION IN THIS PROCEEDING AT THIS TIME.

    Secretary · RIO GRANDE INDUSTRIES, INC., SPTC HOLDING, INC., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY--CONTROL--SOUTHERN PACIFIC TRANSPORTATION COMPANY (ARBITRATION REVIEW) · decision 34770
11. 24 Jun 2004 FD 34510
    NOTICE THAT WATCO HAS FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF KRR, UPON KRR'S BECOMING A CLASS III RAIL CARRIER.

    Director Of Proceedings · WATCO COMPANIES, INC.--CONTINUANCE IN CONTROL EXEMPTION--KAW RIVER RAILROAD, INC. · decision 34758
12. 24 Jun 2004 FD 34509
    NOTICE THAT KRR HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE BY: (1) LEASE FROM THE KCS AND OPERATE APPROXIMATELY 7.5 MILES OF RAIL LINES IN KANSAS CITY, KS; (2) SUBLEASE FROM KCS AND OPERATE APPROXIMATELY 4.5 MILES OF RAIL LINES IN KANSAS CITY, KS, AND KANSAS CITY, MO, THAT ARE OWNED BY KANSAS CITY TERMINAL RAILWAY COMPANY (KCT); AND (3) ASSIGNMENT FROM KCS OPERATING AUTHORITY OVER APPROXIMATELY 6.2 MILES OF KCT RAIL LINES IN ORDER TO ACCESS THE LEASED KCS AND KCT TRACKAGE.

    Director Of Proceedings · KAW RIVER RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION--THE KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 34757
13. 23 Jun 2004 AB 6 (Sub-No. 417X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED FOUR ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CLAY COUNTY, MN · decision 34761
14. 23 Jun 2004 AB 6 (Sub-No. 416X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED FIVE ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT AND DISCONTINUANCE EXEMPTION-IN KNOX AND FULTON COUNTIES, IL · decision 34744
15. 23 Jun 2004 FD 34502
    INSTITUTED A DECLARATORY ORDER PROCEEDING AND REQUESTED COMMENTS ON THE PETITION OF AOERC FOR AN ORDER DECLARING THAT AOERC IS NOT A COMMON CARRIER BY RAIL SUBJECT TO THE BOARD'S JURISDICTION.

    Director Of Proceedings · AMERICAN ORIENT EXPRESS RAILWAY COMPANY--PETITION FOR DECLARATORY ORDER · decision 34711
16. 22 Jun 2004 FD 27590 (Sub-No. 3)
    NOTICE THAT THE BOARD WILL CONDUCT AN ORAL ARGUMENT IN THIS PROCEEDING ON WEDNESDAY, JULY 7, 2004, AT 10 A.M.

    Secretary · TTX COMPANY--APPLICATION FOR APPROVAL OF POOLING OF CAR SERVICE WITH RESPECT TO FLATCARS · decision 34803
17. 22 Jun 2004 FD 34495
    ACCEPTED FOR CONSIDERATION THE BBRR-1/CSXT-1 APPLICATION FILED MAY 26, 2004, BY BUCKINGHAM BRANCH RAILROAD COMPANY AND CSX TRANSPORTATION, INC.

    Entire Board · BUCKINGHAM BRANCH RAILROAD COMPANY--LEASE--CSX TRANSPORTATION, INC. · decision 34775
18. 22 Jun 2004 AB 863-X
    DISMISSED, FOR LACK OF JURISDICTION, A NOTICE OF EXEMPTION FILED BY THE CITY OF VENICE, IL, SEEKING TO ABANDON A 2-MILE LINE OF RAILROAD, RUNNING OVER THE MCKINLEY BRIDGE AND ITS ELEVATED RAIL APPROACHES THAT SPAN THE MISSISSIPPI RIVER, BETWEEN MILEPOST 0.55 NEAR BRANCH STREET YARD IN ST. LOUIS, MO, AND MILEPOST 0.0 AT THE STATE LINE AT VENICE, IL, AND BETWEEN MILEPOST 0.00 AT VENICE AND MILEPOST 1.45 AT MCKINLEY JUNCTION, IL.

    Entire Board · CITY OF VENICE--ABANDONMENT EXEMPTION--IN VENICE, IL, AND ST. LOUIS, MO · decision 34454
19. 22 Jun 2004 FD 34054
    DENIED THE PETITION OF FIVE NEW JERSEY MUNICIPALITIES TO REOPEN A JULY 5, 2002 BOARD DECISION GRANTING A MODIFIED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO MORRISTOWN & ERIE RAILWAY, INC. TO OPERATE CERTAIN RAILROAD LINES IN NEW JERSEY.

    Entire Board · MORRISTOWN & ERIE RAILWAY, INC.--MODIFIED RAIL CERTIFICATE · decision 34389
20. 22 Jun 2004 AB 308 (Sub-No. 3X)
    GRANTED A MOTION FILED BY PLASTATECH ENGINEERING, LTD. TO CLARIFY THE BOARD'S DECISION THAT GRANTED CENTRAL MICHIGAN RAILWAY COMPANY (CMR) AN EXEMPTION TO ABANDON APPROXIMATELY 1.77-MILES OF RAILROAD, EXTENDING FROM MILEPOST 2.83 AT THE WESTERN END OF CMR'S RAILROAD BRIDGE OVER INTERSTATE HIGHWAY 75 TO MILEPOST 4.60, IN SAGINAW COUNTY, MI.

    Entire Board · CENTRAL MICHIGAN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SAGINAW COUNTY, MI · decision 34285
21. 22 Jun 2004 AB 33 (Sub-No. 132X)
    DENIED A PETITION TO REOPEN A DECISION SERVED ON MAY 11, 1999, IN THIS PROCEEDING.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RIO GRANDE AND MINERAL COUNTIES, CO · decision 34211
22. 22 Jun 2004 FD 34376
    (1) INSTITUTED A DECLARATORY ORDER PROCEEDING; (2) ORDERED THAT THIS PROCEEDING WILL BE HANDLED UNDER THE MODIFIED PROCEDURE RULES, ON THE BASIS OF WRITTEN STATEMENTS SUBMITTED BY THE PARTIES; AND (3) DIRECTED THAT ALL PARTIES MUST COMPLY WITH THE RULES OF PRACTICE AT 49 CFR SUBCHAPTER B, INCLUDING PARTS 1112 AND 1114.

    Director Of Proceedings · CITY OF CREEDE, CO--PETITION FOR DECLARATORY ORDER · decision 33804
23. 21 Jun 2004 FD 34514
    POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION IN STB FINANCE DOCKET NO. 34514 UNTIL 6:00 P.M. EDT ON JUNE 24, 2004.

    Director Of Proceedings · RARITAN CENTRAL RAILWAY, L.L.C.--OPERATION EXEMPTION--HELLER INDUSTRIAL PARKS, INC. · decision 34815
24. 21 Jun 2004 NOR 41191 (Sub-No. 1)
    EXTENDED THE DUE DATE FOR FILING REBUTTAL EVIDENCE FROM JULY 6, 2004 TO JULY 27, 2004.

    Secretary · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 34808
25. 21 Jun 2004 AB 33 (Sub-No. 208X)
    GRANTED THE NEBRASKA TRAILS FOUNDATION, INC.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO DECEMBER 12, 2004.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARSHALL COUNTY, KAN. · decision 34800
26. 21 Jun 2004 AB 6 (Sub-No. 414X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED INTERIM TRAIL USE/RAIL BANKING AND IMPOSED FOUR ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MODOC AND SISKIYOU COUNTIES, CA · decision 34760
27. 21 Jun 2004 AB 6 (Sub-No. 415X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED FIVE ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN CAVALIER COUNTY, ND · decision 34756