Week of 26 Jul 2004

Decisions served

1. 30 Jul 2004 EP 655
   NOTICE THAT THE BOARD WILL CONDUCT AN INFORMATIONAL SITE VISIT TO POWDER RIVER BASIN RAIL FACILITIES IN WYOMING TO EXAMINE AND EXPLORE THE ENGINEERING AND OPERATIONAL CONSIDERATIONS ASSOCIATED WITH TRANSPORTING THE UNIT-TRAIN COAL TRAFFIC THAT ORIGINATES IN THAT AREA.

   Secretary · POWDER RIVER BASIN SITE VISIT · decision 34959
2. 30 Jul 2004 AB 400 (Sub-No. 4)
   (1) GRANTED SEMINOLE GULF RAILWAY, L. P.'S REQUEST FOR AN EXTENSION TO FILE ITS PROTEST TO LEE COUNTY FL'S (LEE COUNTY) ADVERSE ABANDONMENT APPLICATION TO AUGUST 9, 2004; AND (2) EXTENDED THE DUE DATE FOR LEE COUNTY'S REBUTTAL TO AUGUST 24, 2004.

   Secretary · SEMINOLE GULF RAILWAY, L.P.--ADVERSE ABANDONMENT--IN LEE COUNTY, FL · decision 34952
3. 30 Jul 2004 FD 34509
   (1) EXTENDED THE DEADLINE FOR SUBMISSION BY THE UNITED TRANSPORTATION UNION AND THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS & TRAINMEN, A DIVISION OF THE RAIL CONFERENCE, INTERNATIONAL BROTHERHOOD OF TEAMSTERS OF SUPPLEMENTAL PETITIONS TO REVOKE IN THIS PROCEEDING UNTIL AUGUST 16, 2004; AND (2) EXTENDED THE DUE DATE FOR SUBMISSION OF REPLIES TO THE SUPPLEMENTAL PETITIONS TO REVOKE TO SEPTEMBER 8, 2004.

   Secretary · KAW RIVER RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION--THE KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 34947
4. 30 Jul 2004 FD 34479
   (1) GRANTED IN PART A PETITION FILED BY ARKANSAS MIDLAND RAILROAD COMPANY (AKMD) FOR AN EXTENSION OF THE EMERGENCY SERVICE AUTHORITY ISSUED IN A DECISION SERVED ON MARCH 19, 2004, AND EXTENDED IN A DECISION SERVED ON MAY 4, 2004; AND (2) AUTHORIZED AKMD TO PERFORM ALTERNATIVE RAIL SERVICE ON A UNION PACIFIC RAILROAD COMPANY (UP)-OWNED LINE EXTENDING FROM MILEPOST 422.32 IN DERMOTT, AR, TO MILEPOST 461.74 AT WARREN, AR, AND TO CONDUCT INTERCHANGE OPERATIONS ON UP'S DERMOTT-MCGEHEE LINE, UNTIL NOVEMBER 1, 2004.

   Entire Board · ARKANSAS MIDLAND RAILROAD COMPANY, INC.--ALTERNATIVE RAIL SERVICE--LINE OF DELTA SOUTHERN RAILROAD, INC. · decision 34941
5. 30 Jul 2004 AB 33 (Sub-No. 190X)
   GRANTED WISCONSIN DEPARTMENT OF TRANSPORTATION'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD FOR 180 DAYS UNTIL JANUARY 27, 2005.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DUNN COUNTY, WI · decision 34933
6. 30 Jul 2004 AB 325 (Sub-No. 2X)
   EXTENDED THE NITU NEGOTIATING PERIOD UNTIL OCTOBER 2, 2004, FOR THE PORTIONS OF THE RIGHT-OF-WAY EXTENDING FROM MILEPOST ST-769.43 TO MILEPOST ST-773.7, AND FROM MILEPOST AS-800.8 TO MILEPOST AS-802.38.

   Director Of Proceedings · FLORIDA MIDLAND RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SUMTER AND LAKE COUNTIES, FL · decision 34927
7. 30 Jul 2004 AB 563 (Sub-No. 1X)
   (1) REOPENED THIS PROCEEDING; (2) VACATED THE NITU'S SERVED JULY 5, 2000 AND DECEMBER 29, 2000, EFFECTIVE JULY 31, 2004, WITH RESPECT TO THE LINE SEGMENTS BETWEEN MILEPOST 415.0 AT FREDONIA AND MILEPOST 438.5 AT SEVERY, ON THE FORMER LINE OF SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY (SKO), AND BETWEEN MILEPOST 471.0 NEAR LEON AND MILEPOST 438.5 AT SEVERY, ON THE FORMER LINE OF KANSAS EASTERN RAILROAD, INC. (KER); AND (3) INDICATED THAT SKO AND KER MAY FULLY ABANDON THE SEGMENTS FOR WHICH THE NITU'S HAVE BEEN VACATED IF THE ENVIRONMENTAL CONDITIONS IMPOSED IN THESE PROCEEDINGS HAVE BEEN MET.

   Director Of Proceedings · KANSAS EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN BUTLER AND GREENWOOD COUNTIES, KS · also entered in AB 471 (Sub-No. 4X) · decision 34911
8. 30 Jul 2004 FD 34464
   (1) GRANTED THE PETITION OF WISCONSIN & SOUTHERN RAILROAD CO. (WSOR) FOR RECONSIDERATION OF THAT PORTION OF THE BOARD'S JUNE 30, 2004 DECISION DENYING A WAIVER OF THE REQUIREMENTS OF 49 CFR 1121.4(H) THAT 60 DAYS' NOTICE BE GIVEN TO EMPLOYEES WHO MAY BE AFFECTED BY WSOR'S PLANNED ACQUISITION OF AN IOWA, CHICAGO & EASTERN RAILROAD CORPORATION RAIL LINE IN JANESVILLE, ROCK COUNTY, WI; AND (2) GRANTED WSOR'S REQUEST FOR WAIVER OF 49 CFR 1121.4(H), BASED UPON THE ADDITIONAL INFORMATION PRESENTED, TO ALLOW WSOR TO CONSUMMATE THE ACQUISITION BY JULY 31, 2004.

   Entire Board · WISCONSIN & SOUTHERN RAILROAD CO.--ACQUISITION EXEMPTION--IOWA, CHICAGO & EASTERN RAILROAD CORPORATION · decision 34910
9. 30 Jul 2004 AB 55 (Sub-No. 647X)
   (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED AN ENVIRONMENTAL CONDITION ON THE ABANDONMENT OF THE LINE.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN DARLINGTON COUNTY, SC · decision 34896
10. 30 Jul 2004 FD 34508
    NOTICE THE CENTRAL RAILROAD COMPANY OF INDIANAPOLIS, CHICAGO, FT. WAYNE & EASTERN RAILROAD DIVISION, HAS FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE AND OPERATE, PURSUANT TO AN AGREEMENT WITH CSX TRANSPORTATION, INC. APPROXIMATELY 273 MILES OF RAIL LINE IN THE STATES OF INDIANA AND OHIO.

    Director Of Proceedings · CENTRAL RAILROAD COMPANY OF INDIANAPOLIS--LEASE AND OPERATION EXEMPTION--CSX TRANSPORTATION , INC. · decision 34890
11. 29 Jul 2004 AB 6 (Sub-No. 415X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED AN ADDITIONAL ENVIRONMENTAL CONDITION ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN CAVALIER COUNTY, ND · decision 34914
12. 28 Jul 2004 FD 34514
    GRANTED CONSOLIDATED RAIL CORPORATION, CSX TRANSPORTATION, INC., AND NORFOLK SOUTHERN RAILWAY COMPANY'S MOTION FOR A PROTECTIVE ORDER UNDER 49 CFR 1104.14 AND 1114.21(C) FILED ON JULY 23, 2004.

    Secretary · RARITAN CENTRAL RAILWAY, L.L.C.--OPERATION EXEMPTION--HELLER INDUSTRIAL PARKS, INC. · decision 34944
13. 28 Jul 2004 FD 34518
    NOTICE THAT CIRY HAS FILED A VERIFIED NOTICE OF EXEMPTION TO OPERATE A LINE OF RAILROAD OWNED BY THE CITY OF PEORIA AND THE VILLAGE OF PEORIA HEIGHTS, IL, KNOWN AS THE KELLAR BRANCH, AND ALSO KNOWN AS THE PEORIA, PEORIA HEIGHTS & WESTERN RAILROAD.

    Director Of Proceedings · CENTRAL ILLINOIS RAILROAD COMPANY--OPERATION EXEMPTION--RAIL LINE OF THE CITY OF PEORIA AND THE VILLAGE OF PEORIA HEIGHTS IN PEORIA AND PEORIA HEIGHTS, PEORIA COUNTY, IL · decision 34867
14. 27 Jul 2004 AB 565 (Sub-No. 10X)
    (1) GRANTED CSX TRANSPORTATION, INC.'S (CSXT) REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO JANUARY 23, 2005; AND (2) GRANTED CSXT'S REQUEST TO EXTEND THE TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE OCTOBER 30, 2004.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN WORCESTER COUNTY, MA · decision 34940
15. 27 Jul 2004 AB 55 (Sub-No. 568X)
    (1) GRANTED CSXT'S REQUEST TO EXTEND THE TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE JANUARY 30, 2005; AND (2) GRANTED CSXT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL JANUARY 30, 2005.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, PA · decision 34937
16. 27 Jul 2004 AB 33 (Sub-No. 213X)
    NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A LINE OF RAILROAD KNOWN AS THE PERRY SUBDIVISION EXTENDING FROM MILEPOST 296.8 NEAR WAUKEE, IA, TO MILEPOST 275.9 (EQUATION MILEPOST 275.9=361.8) NEAR PERRY, IA, AND FROM MILEPOST 361.8 TO MILEPOST 369.0 NEAR DAWSON, IA, A TOTAL DISTANCE OF 28.1 MILES IN DALLAS COUNTY, IA.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DALLAS COUNTY, IA · decision 34895
17. 27 Jul 2004 AB 6 (Sub-No. 409X)
    GRANTED A PETITION FILED BY BNSF SEEKING AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON AND DISCONTINUE SERVICE OVER ITS 39.95-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST 167.78 NEAR SUPERIOR, NE, TO MILEPOST 127.83 NEAR REYNOLDS, NE, IN JEFFERSON, THAYER, AND NUCKOLLS COUNTIES, NE, AND REPUBLIC COUNTY, KS, SUBJECT TO ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON, THAYER, AND NUCKOLLS COUNTIES, NE, AND REPUBLIC COUNTY, KS · decision 34861
18. 27 Jul 2004 AB 103 (Sub-No. 17X)
    GRANTED THE KANSAS CITY SOUTHERN RAILWAY COMPANY AN EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903-05, TO ABANDON APPROXIMATELY 1.3 MILES OF RAIL LINE KNOWN AS THE SECOND STREET TRACK IN KANSAS CITY, JACKSON COUNTY, MO, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · KANSAS CITY SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN JACKSON COUNTY, MO · decision 34658
19. 26 Jul 2004 AB 290 (Sub-No. 248X)
    GRANTED NORFOLK SOUTHERN RAILWAY COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A 7.3-MILE LINE OF RAILROAD BETWEEN MILEPOST NS-82.7 AT MACKEYS, AND NS-90.0 AT PLYMOUTH, IN WASINGTON COUNTY, NC, SUBJECT TO ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WASHINGTON COUNTY, NC · decision 34674
20. 26 Jul 2004 AB 868-X
    GRANTED A JOINT PETITION FILED BY MISSISSIPPI TENNESSEE HOLDINGS, LLC (MTH) AND MISSISSIPPI TENNESSEE RAILROAD LLC (MTR), SEEKING AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR MTH TO ABANDON, AND MTR TO DISCONTINUE SERVICE OVER, A 43.2-MILE LINE OF RAILROAD IN UNION, PONTOTOC, AND CHICKASAW COUNTIES, MS, SUBJECT TO TRAIL USE, PUBLIC USE, ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · MISSISSIPPI TENNESSEE HOLDINGS, LLC--ABANDONMENT EXEMPTION--IN UNION, PONTOTOC, AND CHICKASAW COUNTIES, MS · also entered in AB 869-X · decision 34668