Week of 30 Aug 2004

Decisions served

1. 3 Sep 2004 AB 290 (Sub-No. 238X)
   (1) REOPENED THIS PROCEEDING; (2) ACCEPTED THE LATE-FILED REQUEST FOR A NITU UNDER 16 U.S.C. 1247(D) AND FOR A PUBLIC USE CONDITION UNDER 49 U.S.C. 10905; (3) GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO FILE ITS CONSUMMATION NOTICE TO MAY 1, 2005; AND (4) MODIFIED THE DECISION SERVED ON SEPTEMBER 9, 2003 TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING UNTIL MARCH 2, 2005.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 35013
2. 3 Sep 2004 AB 862-X
   NOTICE THAT TWIN STATE RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON APPROXIMATELY 20 ROUTE MILES OF RAIL LINE BETWEEN MILEPOST 0.057 IN ST. JOHNSBURY AND RAILROAD ENGINEERING STATION 5503 AT RIVER ROAD (TOWN ROAD) IN LUNENBURG (GILMAN), IN CALEDONIA AND ESSEX COUNTIES, VT.

   Director Of Proceedings · TWIN STATE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CALEDONIA AND ESSEX COUNTIES, VT · decision 35001
3. 3 Sep 2004 AB 33 (Sub-No. 213X)
   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 DALLAS COUNTY, IA · decision 34900
4. 2 Sep 2004 AB 55 (Sub-No. 638X)
   GRANTED CSX TRANSPORTATION, INC.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO DECEMBER 28, 2004.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN KNOX COUNTY, OH · decision 35024
5. 2 Sep 2004 FD 34391
   GRANTED THE CITIZEN ORGANIZATION AND SEVERAL LOCAL OFFICIALS' REQUEST FOR AN EXTENSION OF TIME UNTIL SEPTEMBER 17, 2004, TO SUBMIT COMMENTS TO THE BOARD'S ENVIRONMENTAL ASSESSMENT IN THIS PROCEEDING.

   Chief Of Section Of Environmental Analysis · NEW ENGLAND TRANSRAIL, LLC, D/B/A WILMINGTON AND WOBURN TERMINAL RAILROAD CO.--CONSTRUCTION, ACQUISITION, AND OPERATION EXEMPTION--IN WILMINGTON AND WOBURN, MA · decision 35022
6. 2 Sep 2004 FD 34523
   NOTICE THAT KWT RAILWAY, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE BY PURCHASE FROM CSX TRANSPORTATION, INC. AND OPERATE APPROXIMATELY 12.8 MILES OF RAIL LINE EXTENDING FROM MILEPOST OND 116.8 AT MCKENZIE, TN (VALUATION STATION 6166+68), TO MILEPOST OND 129.6 AT DRESDEN, TN (VALUATION STATION 6848+78.8), IN WEAKLEY AND CARROLL COUNTIES, TN.

   Director Of Proceedings · KWT RAILWAY, INC.--ACQUISITION AND OPERATION EXEMPTION--RAIL LINE OF CSX TRANSPORTATION, INC. · decision 34975
7. 2 Sep 2004 FD 34525
   NOTICE THAT K. EARL DURDEN , RAIL MANAGEMENT CORPORATION, AND RAIL PARTNERS, L.P., HAVE FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF RICEBORO SOUTHERN RAILWAY, L.L.C. (RSOR), UPON RSOR'S BECOMING A RAIL CARRIER.

   Director Of Proceedings · K. EARL DURDEN, RAIL MANAGEMENT CORPORATION, AND RAIL PARTNERS, L.P.--CONTINUANCE IN CONTROL EXEMPTION--RICEBORO SOUTHERN RAILWAY, L.L.C. · decision 34974
8. 2 Sep 2004 FD 34524
   NOTICE THAT THE RICEBORO SOUTHERN RAILWAY, L.L.C. FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE BY PURCHASE FROM CSX TRANSPORTATION, INC. AND OPERATE APPROXIMATELY 18.8 ROUTE MILES OF RAIL LINE BETWEEN MILEPOST S512.2 AT OGEECHEE, GA (NEAR RICHMOND HILL), IN BRYAN COUNTY, GA, AND MILEPOST S531.0 AT RICEBORO, GA, IN LIBERTY COUNTY, GA.

   Director Of Proceedings · RICEBORO SOUTHERN RAILWAY, L.L.C.--ACQUISITION AND OPERATION EXEMPTION--RAIL LINE OF CSX TRANSPORTATION, INC. · decision 34972
9. 1 Sep 2004 AB 254 (Sub-No. 7X)
   GRANTED PROVIDENCE AND WORCESTER RAILROAD COMPANY AND THE EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL SEPTEMBER 14, 2004 FOR THE PORTION OF THE RIGHT-OF-WAY 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 35030
10. 1 Sep 2004 AB 12 (Sub-No. 184X)
    GRANTED THE REQUEST OF THE U.S. DEPARTMENT OF THE INTERIOR, THE BUREAU OF LAND MANAGEMENT, TO EXTEND THE NITU NEGOTIATING PERIOD TO SEPTEMBER 3, 2005.

    Director Of Proceedings · SOUTHERN PACIFIC TRANSPORTATION COMPANY--ABANDONMENT EXEMPTION--WENDEL-ALTURAS LINE IN MODOC AND LASSEN COUNTIES, CAL. · decision 35019
11. 31 Aug 2004 FD 34342
    (1) RESUMED THE PROCEDURAL SCHEDULE IN THIS PROCEEDING; (2) INVITED INTERESTED PERSONS TO SUBMIT ADDITIONAL COMMENTS; AND (3) ALLOWED THE KANSAS CITY SOUTHERN RAILWAY COMPANY TO FILE A REPLY TO ANY SUCH ADDITIONAL COMMENTS.

    Entire Board · KANSAS CITY SOUTHERN--CONTROL--THE KANSAS CITY SOUTHERN RAILWAY COMPANY, GATEWAY EASTERN RAILWAY COMPANY, AND THE TEXAS MEXICAN RAILWAY COMPANY · decision 35008
12. 31 Aug 2004 FD 27590 (Sub-No. 3)
    (1) GRANTED A 10-YEAR EXTENSION OF APPLICANTS' FLATCAR POOLING AUTHORITY PURSUANT TO 49 U.S.C. 11322, BEGINNING ON OCTOBER 1, 2004; AND (2) PURSUANT TO APPLICANTS' REQUEST, CLARIFIED ITS AUTHORITY TO ACT WITHIN THE SCOPE OF THE POOLING AGREEMENT APPROVED BY THIS DECISION.

    Entire Board · TTX COMPANY--APPLICATION FOR APPROVAL OF POOLING OF CAR SERVICE WITH RESPECT TO FLATCARS · decision 34945
13. 31 Aug 2004 NOR 42054
    FOUND THAT THE SUPPLEMENTAL EVIDENCE ON REOPENING FILED BY PPL MONTANA, LLC (COMPLAINANT), DID NOT CHANGE THE BOARD'S EARLIER CONCLUSION THAT THE COMPLAINANT'S STAND-ALONE COST PRESENTATION REFLECTED AN IMPERMISSIBLE CROSS-SUBSIDIZATION OF ITS TRAFFIC.

    Entire Board · PPL MONTANA, LLC V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34579
14. 30 Aug 2004 NOR 42060 (Sub-No. 1)
    GRANTED NORTH AMERICA FREIGHT CAR ASSOCIATION AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF THE DATE BY WHICH THE PARTIES ARE TO PROPOSE A JOINT PROCEDURAL SCHEDULE UNTIL SEPTEMBER 30, 2004.

    Secretary · NORTH AMERICA FREIGHT CAR ASSOCIATION, ET AL. V. BNSF RAILWAY COMPANY · decision 35021
15. 30 Aug 2004 AB 33 (Sub-No. 221X)
    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 AND DISCONTINUE SERVICE OVER A PORTION OF THE LINE, KNOWN AS THE SAN JOSE INDUSTRIAL LEAD, EXTENDING FROM MILEPOST 16.3 TO MILEPOST 19.6, FOR A DISTANCE OF 3.3 MILES, IN SANTA CLARA COUNTY, CA.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SANTA CLARA COUNTY, CA · decision 34991