Week of 9 Aug 2004

Decisions served

1. 13 Aug 2004 AB 167 (Sub-No. 1094A)
   (1) DENIED THE REQUEST OF FORTY PLUS FOUNDATION AND MANHATTAN CENTRAL RAILWAY SYSTEMS, LLC, TO TOLL THE PERIOD FOR SUBMITTING OFFERS OF FINANCIAL ASSISTANCE IN THIS PROCEEDING; AND (2) GRANTED THE REQUEST OF THE CITY OF NEW YORK TO CONTINUE THIS PROCEEDING IN ABEYANCE FOR AN ADDITIONAL 90 DAYS.

   Entire Board · CHELSEA PROPERTY OWNERS--ABANDONMENT--PORTION OF THE CONSOLIDATED RAIL CORPORATION'S WEST 30TH STREET SECONDARY TRACK IN NEW YORK, NY · decision 34922
2. 13 Aug 2004 AB 33 (Sub-No. 216X)
   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 WELD COUNTY, CO · decision 34807
3. 13 Aug 2004 AB 6 (Sub-No. 421X)
   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 CROW WING COUNTY, MN · decision 34806
4. 13 Aug 2004 AB 855 (Sub-No. 1X)
   DENIED A REQUEST FILED BY PULASKI COUNTY TO REQUIRE THE RAILROAD OR NOT-FOR-PROFIT INTERIM TRAIL USER TO BE BONDED OR TO ESCROW FUNDS AND BE OBLIGATED FOR CLEAN-UP COSTS.

   Entire Board · A & R LINE, INC.--ABANDONMENT EXEMPTION--IN CASS AND PULASKI COUNTIES, IND. · decision 34242
5. 13 Aug 2004 NOR 42060
   (1) DENIED NORTH AMERICA FREIGHT CAR ASSOCIATION'S (NAFCA), PROTEST AND PETITION TO INVESTIGATE AND DISCONTINUED THE PROCEEDING IN STB DOCKET NO. 42060; (2) DENIED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (BNSF) MOTION TO DISMISS THE STB DOCKET NO. 42060 (SUB-NO. 1) PROCEEDING; AND (3) DIRECTED BNSF AND NAFCA TO DISCUSS DISCOVERY AND PROCEDURAL MATTERS BY AUGUST 25, 2004 AND PROPOSE A JOINT PROCEDURAL SCHEDULE BY SEPTEMBER 1, 2004 IN THE STB DOCKET NO. 42060 (SUB-NO. 1) PROCEEDING.

   Entire Board · NORTH AMERICA FREIGHT CAR ASSOCIATION--PROTEST AND PETITION FOR INVESTIGATION--TARIFF PUBLICATIONS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · also entered in NOR 42060 (Sub-No. 1) · decision 33947
6. 12 Aug 2004 FD 34424
   EXTENDED THE DUE DATE FOR FILING A REPLY TO THE NCFO-1 MOTION TO AUGUST 17, 2004.

   Secretary · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION-CONTROL-DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY, BESSEMER AND LAKE ERIE RAILROAD COMPANY AND THE PITTSBURGH & CONNEAUT DOCK COMPANY · also entered in FD 34424 (Sub-No. 1), FD 34424 (Sub-No. 2) · decision 34993
7. 12 Aug 2004 NOR 41191 (Sub-No. 1)
   EXTENDED THE DUE DATE FOR BNSF TO FILE A RESPONSIVE PLEADING TO AEP TEXAS NORTH COMPANY'S REBUTTAL EVIDENCE TO SEPTEMBER 9, 2004.

   Secretary · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 34989
8. 12 Aug 2004 FD 34514
   (1) GRANTED CONSOLIDATED RAIL CORPORATION, CSX TRANSPORTATION, INC., AND NORFOLK SOUTHERN RAILWAY COMPANY'S (PETITIONERS) REQUEST FOR A WAIVER OF 49 CFR 1121.2, INSOFAR AS THAT PROVISION REQUIRES THE FILING OF DISCOVERY REQUESTS AND A REVOCATION PETITION ON THE SAME DAY; AND (2) GRANTED PETITIONERS AND RARITAN'S JOINT REQUEST TO EXTEND THE DATE BY WHICH DISCOVERY MUST BE COMPLETED TO AUGUST 18, 2004, BUT SOLELY FOR THE PURPOSE OF CONCLUDING THE DEPOSITION OF RARITAN'S PRESIDENT, AND TO EXTEND THE DEADLINES FOR PETITIONERS TO SUPPLEMENT THE REVOCATION PETITION AND FOR RARITAN TO REPLY TO AUGUST 31, 2004, AND SEPTEMBER 13, 2004, RESPECTIVELY.

   Secretary · RARITAN CENTRAL RAILWAY, L.L.C.--OPERATION EXEMPTION--HELLER INDUSTRIAL PARKS, INC. · decision 34988
9. 12 Aug 2004 AB 307 (Sub-No. 5X)
   NOTICE THAT WYCO FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A 23.71-MILE LINE OF RAILROAD BETWEEN MILEPOST 0.57, NEAR WALCOTT AND MILEPOST 24.28, AT SARATOGO, IN CARBON COUNTY, WY.

   Director Of Proceedings · WYOMING AND COLORADO RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN CARBON COUNTY, WY · decision 34951
10. 12 Aug 2004 FD 34526
    NOTICE THAT BNSF HAS AGREED TO A MODIFIED TRACKAGE RIGHTS AGREEMENT GOVERNING UP'S OVERHEAD TRACKAGE RIGHTS OVER A BNSF LINE OF RAILROAD BETWEEN BNSF MILEPOST 1406.3 NEAR DOVER, ID, AND BNSF MILEPOST 1402.41 NEAR SANDPOINT, ID, INCLUDING TO ES 49+88.2.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34946
11. 12 Aug 2004 EP 552 (Sub-No. 8)
    (1) ANNOUNCED THE 2003 REVENUE ADEQUACY DETERMINATIONS FOR THE NATION'S CLASS I RAILROADS; AND (2) FOUND NO CARRIER TO BE REVENUE ADEQUATE FOR THE YEAR 2003.

    Entire Board · RAILROAD REVENUE ADEQUACY-2003 DETERMINATION · decision 34790
12. 12 Aug 2004 FD 34425
    (1) GRANTED A PETITION FOR A DECLARATORY ORDER FILED BY THE CITY OF LINCOLN, NE (LINCOLN), (2) FOUND THAT LINCOLN'S ATTEMPT TO ACQUIRE A 20-FOOT-WIDE STRIP OF RIGHT-OF-WAY OF LINCOLN LUMBER COMPANY'S (LLC) RAIL LINE BETWEEN 19TH STREET AND 24TH STREET IN LINCOLN BY MEANS OF STATE EMINENT DOMAIN LAW WOULD BE FEDERALLY PREEMPTED BY 49 U.S.C. 10501(B); (3) GRANTED A MOTION TO STRIKE LLC'S DISCOVERY RESPONSES; AND (4) DENIED MOTIONS TO STRIKE LINCOLN'S REBUTTAL AND FOR LEAVE FOR LLC TO FILE A LIMITED SURREBUTTAL STATEMENT.

    Entire Board · CITY OF LINCOLN--PETITION FOR DECLARATORY ORDER · decision 34469
13. 12 Aug 2004 FD 34444
    (1) DENIED THE TOWN OF MILFORD, MA'S (MILFORD) PETITION TO INSTITUTE A DECLARATORY ORDER PROCEEDING, BECAUSE THE APPLICATION OF LAW TO THE FACTS IS CLEAR, YIELDING A RESULT FAVORABLE TO MILFORD; AND (2) FOUND THAT THE PLANNED NONCARRIER TRANSLOADING ACTIVITIES DO NOT CONSTITUTE 'TRANSPORTATION BY RAIL CARRIER' UNDER 49 U.S.C. 10501 AND, THEREFORE, ARE OUTSIDE THE BOARD'S JURISDICTION AND SUBJECT TO STATE AND LOCAL LAWS AND REGULATIONS.

    Entire Board · TOWN OF MILFORD, MA--PETITION FOR DECLARATORY ORDER · decision 34276
14. 12 Aug 2004 NOR 42084
    ORDERS THE RATES CHARGED TO CF INDUSTRIES, INC. TO BE REDUCED TO THE LEVELS PRESCRIBED IN CF INDUSTRIES INC. V. KOCH PIPELINE COMPANY, L.P., STB DOCKET NO. 41685 (STB SERVED MAY 9, 2000), AFF'D SUB NOM. CF INDUSTRIES, INC. V. STB, 255 F.3D 816 (D.C. CIR. 2001), AWARDS REPARATIONS, AND ASKS FOR MORE INFORMATION TO DETERMINE WHETHER TO VACATE THE PRESCRIPTION FOR FUTURE TRANSPORTATION.

    Entire Board · CF INDUSTRIES, INC. V. KANEB PIPE LINE PARTNERS, L.P. AND KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. · decision 33941
15. 11 Aug 2004 AB 254 (Sub-No. 7X)
    GRANTED PROVIDENCE AND WORCESTER RAILROAD COMPANY AND THE OFFICE OF TRANSPORTATION AND CONSTRUCTION'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL AUGUST 24, 2004, FOR THE PORTION OF THE LINE BETWEEN MILEPOST 0.18, IN WEBSTER, AND MILEPOST 1.4+/-, IN DUDLEY, AND BETWEEN MILEPOST 4.8+/-, IN DUDLEY, AND MILEPOST 10.98, IN SOUTHBRIDGE, MA.

    Director Of Proceedings · PROVIDENCE AND WORCESTER RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WORCESTER COUNTY, MA, AND WINDHAM COUNTY, CT · decision 34986
16. 11 Aug 2004 AB 55 (Sub-No. 603X)
    GRANTED CSXT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO JANUARY 23, 2005 AND ITS REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE MARCH 23, 2005.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WEBSTER COUNTY, WV · decision 34969
17. 10 Aug 2004 AB 355 (Sub-No. 30X)
    FOUND THAT THE ABANDONMENT OF THE INVOLVED RAIL LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR HISTORIC RESOURCES.

    Director Of Proceedings · SPRINGFIELD TERMINAL RAILWAY COMPANY--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN HAMPDEN COUNTY, MA · decision 34976
18. 9 Aug 2004 AB 868-X
    POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION AUTHORIZING THE ABANDONMENT TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 TO PROCEED.

    Director Of Proceedings · MISSISSIPPI TENNESSEE HOLDINGS, LLC--ABANDONMENT EXEMPTION--IN UNION, PONTOTOC, AND CHICKASAW COUNTIES, MS · decision 34984
19. 9 Aug 2004 AB 55 (Sub-No. 647X)
    (1) DISMISSED THE NOTICE OF EXEMPTION FILED IN THIS PROCEEDING ON JUNE 17, 2004; (2) VACATED THE EXEMPTION; AND (3) DISCONTINUED THIS PROCEEDING.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN DARLINGTON COUNTY, SC · decision 34983
20. 9 Aug 2004 AB 55 (Sub-No. 592X)
    GRANTED CSXT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO FEBRUARY 4, 2005 AND ITS REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE APRIL 4, 2005.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK COUNTY, IN · decision 34979
21. 9 Aug 2004 AB 33 (Sub-No. 217X)
    FOUND THAT ABANDONMENT OF THE LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MONTEREY COUNTY, CA · decision 34977
22. 9 Aug 2004 AB 167 (Sub-No. 1161X)
    GRANTED CSX TRANSPORTATION, INC.'S REQUEST FOR AN EXTENSION OF THE NITU NEGOTIATING PERIOD UNTIL JANUARY 30, 2005 AND ITS REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE JANUARY 30, 2005.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN VERMILION AND CHAMPAIGN COUNTIES, IL · decision 34968
23. 9 Aug 2004 AB 55 (Sub-No. 635X)
    GRANTED CSXT'S REQUEST FOR AN EXTENSION OF THE NITU NEGOTIATING PERIOD TO JANUARY 23, 2005 AND ITS REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE MARCH 23, 2005.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GRATIOT COUNTY, MI · decision 34967
24. 9 Aug 2004 AB 33 (Sub-No. 172X)
    GRANTED UNION PACIFIC RAILROAD COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A 5.30-MILE LINE OF RAILROAD KNOWN AS THE VLIETS INDUSTRIAL LEAD, EXTENDING FROM MILEPOST 409.10, NEAR FRANKFORT, TO MILEPOST 403.80, NEAR VLIETS, IN MARSHALL COUNTY, KS, SUBJECT TO ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARSHALL COUNTY, KS · decision 34780