Week of 12 Jul 2004

Decisions served

1. 16 Jul 2004 FD 34509
   (1) EXTENDED THE DEADLINE FOR SUBMISSION OF SUPPLEMENTAL PETITIONS TO REVOKE IN THIS PROCEEDING BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS & TRAINMEN AND UNITED TRANSPORTATION UNION UNTIL AUGUST 2, 2004; AND (2) EXTENDED THE DUE DATE FOR REPLIES TO THE SUPPLEMENTAL PETITIONS TO REVOKE TO AUGUST 23, 2004.

   Secretary · KAW RIVER RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION--THE KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 34901
2. 16 Jul 2004 AB 565 (Sub-No. 11X)
   GRANTED THE REQUEST BY NYC AND CSXT FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY AND TO FILE A NOTICE OF CONSUMMATION, WHICH MUST BE FILED ON OR BEFORE OCTOBER 30, 2004.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN LAKE COUNTY, OH · also entered in AB 55 (Sub-No. 617X) · decision 34885
3. 16 Jul 2004 AB 6 (Sub-No. 401X)
   NOTICE THAT BNSF HAS FILED A NOTICE OF EXEMPTION TO ABANDON A 1.88-MILE LINE OF RAILROAD, EXTENDING FROM MILEPOST 67.38 TO MILEPOST 1.45, NEAR DES MOINES, IN POLK COUNTY, IA.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN POLK COUNTY, IA · decision 34869
4. 16 Jul 2004 AB 866-X
   NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY (NSR) , AND NORTH CAROLINA & VIRGINIA RAILWAY COMPANY, INC., THE CHESAPEAKE AND ALBEMARLE DIVISION (NCVA) JOINTLY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F FOR NSR TO ABANDON, AND FOR NCVA TO DISCONTINUE SERVICE UNDER A LEASE FROM NSR OVER, A 0.33-MILE LINE OF RAILROAD BETWEEN APPROXIMATELY MILEPOSTS NS-73.67 AND MILEPOST NS-74.00 IN EDENTON, CHOWAN COUNTY, NC.

   Director Of Proceedings · NORTH CAROLINA & VIRGINIA RAILROAD COMPANY, INC., THE CHESAPEAKE AND ALBEMARLE DIVISION--DISCONTINUANCE OF SERVICE EXEMPTION--IN CHOWAN COUNTY, NC · also entered in AB 290 (Sub-No. 251X) · decision 34866
5. 16 Jul 2004 AB 601 (Sub-No. 1X)
   DENIED THE REQUEST FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE FILED BY THE CITY OF OPELIKA (CITY) BECAUSE PINE BELT SOUTHERN RAILROAD COMPANY, INC. STATES THAT IT IS UNWILLING TO NEGOTIATE WITH THE CITY AND THE GOVERNMENT AGENCIES FOR INTERIM TRAIL USE.

   Director Of Proceedings · PINE BELT SOUTHERN RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN LEE AND CHAMBERS COUNTIES, AL · decision 34854
6. 16 Jul 2004 AB 355 (Sub-No. 30X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · SPRINGFIELD TERMINAL RAILWAY COMPANY--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN HAMPDEN COUNTY, MA · decision 34848
7. 16 Jul 2004 AB 33 (Sub-No. 217X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MONTEREY COUNTY, CA · decision 34847
8. 16 Jul 2004 FD 34516
   NOTICE THAT IN HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE FROM THE BRANCH AND ST. JOSEPH COUNTIES RAIL USERS ASSOCIATION, INC., A 19.88-MILE LINE OF RAILROAD BETWEEN MILEPOST 386.96 NEAR COLDWATER, MI, AND MILEPOST 406.84, NEAR STURGIS, MI.

   Director Of Proceedings · THE INDIANA NORTHEASTERN RAILROAD COMPANY--ACQUISITION EXEMPTION--BRANCH AND ST. JOSEPH COUNTIES RAIL USERS ASSOCIATION, INC. · decision 34845
9. 15 Jul 2004 AB 838
   (1) EXTENDED THE DEADLINE FOR SUBMISSION OF PROTESTS OR WRITTEN COMMENTS RESPONSIVE TO ILLINOIS DEPARTMENT OF TRANSPORTATION'S (IDOT) ABANDONMENT AND DISCONTINUANCE OF SERVICE APPLICATION UNTIL SEPTEMBER 30, 2004; AND (2) EXTENDED THE DUE DATE FOR IDOT'S REPLY TO OPPOSITION TO ITS APPLICATION TO OCTOBER 15, 2004.

   Secretary · EAST ST. LOUIS JUNCTION RAILROAD COMPANY--ADVERSE ABANDONMENT--IN ST. CLAIR COUNTY, IL · also entered in AB 33 (Sub-No. 199) · decision 34909
10. 15 Jul 2004 AB 303 (Sub-No. 27)
    GRANTED THE REQUESTS OF CONGRESSMAN THOMAS E. PETRI, THE RANDOM LAKE AREA CHAMBER OF COMMERCE, AND THE KETTLE LAKES COOPERATIVE TO HOLD A PUBLIC HEARING IN WISCONSIN, AT A TIME AND PLACE TO BE DETERMINED, TO PERMIT INTERESTED PERSONS TO VOICE THEIR CONCERNS ABOUT THE PROPOSED ABANDONMENT OF A LINE OF RAILROAD KNOWN AS THE PLYMOUTH LINE.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT--IN OZAUKEE, SHEBOYGAN AND MANITOWOC COUNTIES, WI · decision 34908
11. 15 Jul 2004 AB 55 (Sub-No. 577X)
    GRANTED CSX TRANSPORTATION, INC.'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO DECEMBER 27, 2004.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WAYNE COUNTY, IN · decision 34902
12. 15 Jul 2004 FD 34508
    (1) GRANTED THE PETITION OF THE CENTRAL RAILROAD COMPANY OF INDIANAPOLIS, CHICAGO, FT. WAYNE & EASTERN RAILROAD DIVISION (CFER) FOR WAIVER OF THE REQUIREMENTS OF 49 CFR 1150.42(E) TO THE EXTENT NECESSARY TO PERMIT CFER'S PLANNED LEASE AND OPERATION OF APPROXIMATELY 276 MILES OF CSX TRANSPORTATION, INC. RAIL LINE IN INDIANA AND OHIO TO GO FORWARD AS SCHEDULED ON AUGUST 1, 2004; AND (2) DIRECTED THAT NOTICE OF THE TRANSACTION BE POSTED NO LATER THAN JULY 19, 2004, AT THE PITTSBURGH, PA WORKPLACE OF CERTAIN EMPLOYEES OF NORFOLK SOUTHERN RAILWAY COMPANY WHO DISPATCH THE RAIL LINE.

    Entire Board · CENTRAL RAILROAD COMPANY OF INDIANAPOLIS--LEASE AND OPERATION EXEMPTION--CSX TRANSPORTATION , INC. · decision 34876
13. 15 Jul 2004 FD 34429
    GRANTED THE PETITION FOR DECLARATORY ORDER FILED BY THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, ACTING ON BEHALF OF THE CITY OF NEW YORK, AND FINDS THAT: (1) THE PLANNED CONSTRUCTION PROJECT AT THE END OF THE TRAVIS BRANCH OF THE STATEN ISLAND RAILROAD INVOLVES SPUR OR SWITCHING TRACK THAT DOES NOT REQUIRE THE BOARD'S APPROVAL; AND (2) FEDERAL LAW PREEMPTS OTHERWISE APPLICABLE STATE AND LOCAL LAWS WITH RESPECT TO THIS PROJECT.

    Entire Board · THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--PETITION FOR DECLARATORY ORDER · decision 34227
14. 14 Jul 2004 AB 55 (Sub-No. 614X)
    GRANTED CSXT'S REQUEST FOR AN EXTENSION OF THE NITU NEGOTIATING PERIOD UNTIL DECEMBER 31, 2004.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN RICHMOND COUNTY, GA · decision 34903
15. 14 Jul 2004 AB 55 (Sub-No. 606X)
    GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME UNTIL DECEMBER 31, 2004, TO EXERCISE THE ABANDONMENT AUTHORITY.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALLEGHENY COUNTY, PA · decision 34898
16. 14 Jul 2004 EP 646
    SET A SCHEDULE OF APPEARANCES AND THE TIME PROVIDED FOR EACH PARTY SPEAKING AT THE PUBLIC HEARING ON WEDNESDAY, JULY 21, 2004 BEGINNING AT 10:00 A.M., AT THE BOARD'S HEADQUARTERS IN WASHINGTON, D.C.

    Secretary · RAIL RATE CHALLENGES IN SMALL CASES · decision 34897
17. 14 Jul 2004 FD 34503
    NOTICE THAT TIMBER ROCK RAILROAD, INC. (TRRR), FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE BY LEASE AND TO OPERATE APPROXIMATELY 117.82 MILES OF RAIL LINE OWNED BY THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF): (1) BETWEEN MILEPOST 4.5 NEAR BEAUMONT, TX, AND MILEPOST 21.8 NEAR SILSBEE, TX; (2) BETWEEN MILEPOST 52.5 NEAR DOBBIN, TX, AND MILEPOST 152.56 AT SILSBEE, TX, AND (3) BETWEEN MILEPOST 0.5 AND MILEPOST 0.96 NEAR KIRBYVILLE, TX. TRRR WILL ALSO ACQUIRE INCIDENTAL OVERHEAD TRACKAGE RIGHTS OVER 54.72 MILES OF BNSF'S RAIL LINE: (1) BETWEEN MILEPOST 4.5 NEAR BEAUMONT, TX, AND MILEPOST 2.28 AT BEAUMONT, TX; AND (2) BETWEEN MILEPOST 52.5 NEAR DOBBIN, TX, AND MILEPOST 144.0 ON THE BNSF GALVESTON SUBDIVISION AT SOMERVILLE, TX, FOR THE PURPOSE OF INTERCHANGING TRAFFIC WITH BNSF.

    Director Of Proceedings · TIMBER ROCK RAILROAD, INC.--LEASE EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34855
18. 13 Jul 2004 AB 355 (Sub-No. 30X)
    NOTICE THAT SPRINGFIELD TERMINAL RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 4.8-MILE LINE OF RAILROAD KNOWN AS THE WESTOVER INDUSTRIAL TRACK EXTENDING FROM MILEPOST 0.0 TO MILEPOST 4.8 IN CHICOPEE, HAMPDEN COUNTY, MA.

    Director Of Proceedings · SPRINGFIELD TERMINAL RAILWAY COMPANY--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN HAMPDEN COUNTY, MA · decision 34852
19. 13 Jul 2004 AB 6 (Sub-No. 411X)
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC CONDITION IMPOSED IN THE MAY 24, 2004 DECISION.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN LAWRENCE COUNTY, AR · decision 34849
20. 12 Jul 2004 FD 34514
    NOTICE THAT RARITAN CENTRAL RAILWAY, L.L.C. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO OPERATE APPROXIMATELY 1.0 ROUTE MILE AND APPROXIMATELY 2.0 TRACK MILES OF RAILROAD TRACKAGE AND RIGHT-OF-WAY INSIDE HELLER INDUSTRIAL PARK, EDISON TOWNSHIP, MIDDLESEX COUNTY, NJ.

    Director Of Proceedings · RARITAN CENTRAL RAILWAY, L.L.C.--OPERATION EXEMPTION--HELLER INDUSTRIAL PARKS, INC. · decision 34887
21. 12 Jul 2004 AB 55 (Sub-No. 647X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN DARLINGTON COUNTY, SC · decision 34813