Week of 27 Sep 2004

Decisions served

1. 1 Oct 2004 S5M 46 (Sub-No. 20)
   ANNOUNCED THAT THE BOARD WILL HOLD AN ORAL ARGUMENT IN THIS PROCEEDING ON WEDNESDAY, OCTOBER 27, 2004, AT 10 A.M., IN WASHINGTON, DC.

   Secretary · SOUTHERN MOTOR CARRIERS RATE CONFERENCE, INC. · decision 35107
2. 1 Oct 2004 FD 34541
   PROVIDED NOTICE THAT SPOKANE COUNTY, WA, DIVISION OF ENGINEERING AND ROADS, HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY A LINE OF RAILROAD KNOWN AS THE GEIGER SPUR FROM MILEPOST 1493.95, ON ITS COLUMBIA RIVER SUBDIVISION, TO MILEPOST 4.93, ON THE GEIGER SPUR, A TOTAL DISTANCE OF 4.93 MILES.

   Director Of Proceedings · SPOKANE COUNTY, WA, DIVISION OF ENGINEERING AND ROADS--ACQUISITION EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 35073
3. 1 Oct 2004 AB 33 (Sub-No. 220X)
   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 ST. JOSEPH INDUSTRIAL LEAD, EXTENDING FROM MILEPOST 2.52 NEAR ELWOOD TO MILEPOST 33.60 NEAR ROBINSON, A DISTANCE OF 30.98 MILES IN BROWN AND DONIPHAN COUNTIES, KS (13.9=14.0).

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN BROWN AND DONIPHAN COUNTIES, KS · decision 35070
4. 1 Oct 2004 FD 34546
   NOTICE THAT WESTERN RAIL SWITCHING, INCORPORATED HAS FILED A VERIFIED NOTICE OF EXEMPTION TO OPERATE, PURSUANT TO AN AGREEMENT WITH THE COUNTY OF SPOKANE, WA, 4.93 MILES OF A LINE OF RAILROAD KNOWN AS THE GEIGER SPUR.

   Director Of Proceedings · WESTERN RAIL SWITCHING, INCORPORATED--OPERATION EXEMPTION--RAIL LINE OF SPOKANE COUNTY, WA · decision 35044
5. 1 Oct 2004 FD 34536
   NOTICE THAT IOCR HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE, PURSUANT TO AN AGREEMENT WITH CSXT, APPROXIMATELY 107 MILES OF RAIL LINE CONSISTING OF THE CINCINNATI TERMINAL SUBDIVISION BETWEEN NA TOWER, OH, MILEPOST BB 7.5 AND OAKLEY, OH, MILEPOST BB 12.4, AND THE MIDLAND SUBDIVISION BETWEEN OAKLEY, MILEPOST BB 12.4, AND COLUMBUS, OH, MILEPOST BR 114.6.

   Director Of Proceedings · INDIANA & OHIO CENTRAL RAILROAD, INC.-- ACQUISITION AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 35042
6. 1 Oct 2004 FD 34545
   GRANTED A PETITION FOR EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323-25 FOR GENESEE & WYOMING, INC. TO CONTINUE IN CONTROL OF TAZEWELL & PEORIA RAILROAD, INC. (TPR), UPON TPR'S BECOMING A RAIL CARRIER PURSUANT TO A RELATED TRANSACTION IN TAZEWELL & PEORIA RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--PEORIA AND PEKIN UNION RAILWAY COMPANY, STB FINANCE DOCKET NO. 34544 (STB SERVED SEPT. 28, 2004).

   Entire Board · GENESEE & WYOMING, INC.--CONTINUANCE IN CONTROL EXEMPTION--TAZEWELL & PEORIA RAILROAD, INC. · decision 35029
7. 1 Oct 2004 AB 33 (Sub-No. 216X)
   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 1.12-MILE PORTION OF ITS MONFORT INDUSTRIAL LEAD BETWEEN 141.12 AND MILEPOST 140.00 NEAR KERSEY, IN WELD COUNTY, CO, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WELD COUNTY, CO · decision 34925
8. 1 Oct 2004 AB 6 (Sub-No. 421X)
   GRANTED A PETITION FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO ABANDON A 1.60-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST 0.00 TO MILEPOST 1.60 IN AND NEAR BRAINERD, IN CROW WING COUNTY, MN, SUBJECT TO ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CROW WING COUNTY, MN · decision 34799
9. 1 Oct 2004 EP 542 (Sub-No. 11)
   ADOPTED THE 2004 USER FEE UPDATE AND REVISED THE FEE SCHEDULE TO RECOVER THE COSTS ASSOCIATED WITH THE JANUARY 2004 GOVERNMENT SALARY INCREASES AND TO REFLECT CHANGES IN OVERHEAD COSTS TO THE BOARD.

   Entire Board · REGULATIONS GOVERNING FEES FOR SERVICES PERFORMED IN CONNECTION WITH LICENSING AND RELATED SERVICES--2004 UPDATE · decision 34616
10. 30 Sep 2004 AB 838
    EXTENDED THE DUE DATE FOR SUBMISSION OF PROTESTS OR WRITTEN COMMENTS RESPONSIVE TO ILLINOIS DEPARTMENT OF TRANSPORTATION'S (IDOT) ABANDONMENT AND DISCONTINUANCE OF SERVICE APPLICATION UNTIL JANUARY 14, 2005, AND, ACCORDINGLY, EXTENDED THE DUE DATE FOR IDOT'S REPLY TO OPPOSITION TO ITS APPLICATION TO JANUARY 31, 2005.

    Secretary · EAST ST. LOUIS JUNCTION RAILROAD COMPANY--ADVERSE ABANDONMENT--IN ST. CLAIR COUNTY, IL · also entered in AB 33 (Sub-No. 199) · decision 35115
11. 30 Sep 2004 FD 34547
    NOTICE THAT TTRR HAS FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE FROM PAN WESTERN AND OPERATE APPROXIMATELY 2.66 MILES OF PRIVATE RAIL LINE OWNED BY PAN WESTERN, EXTENDING FROM MILEPOST 0.0 TO MILEPOST 2.66 IN CLARK COUNTY, NV.

    Director Of Proceedings · TONOPAH & TIDEWATER RAILROAD CO.--LEASE AND OPERATION EXEMPTION--PAN WESTERN CORPORATION · decision 35049
12. 29 Sep 2004 AB 6 (Sub-No. 425X)
    NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 25.57-MILE LINE OF RAILROAD BETWEEN BNSF MILEPOST 0.00 NEAR NEVA AND MILEPOST 25.45 NEAR LOST SPRINGS, IN CHASE, MORRIS, MARION AND DICKINSON COUNTIES, KS.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHASE, MORRIS, MARION AND DICKINSON COUNTIES, KS · decision 35069
13. 29 Sep 2004 AB 6 (Sub-No. 426X)
    PROVIDES NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY HAS FILED A NOTICE OF EXEMPTION TO ABANDON 20.89 MILES OF RAIL LINE, IN MATAGORDA AND WHARTON COUNTIES, TX.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MATAGORDA AND WHARTON COUNTIES, TX · decision 35056
14. 28 Sep 2004 NOR 42084
    EXTENDED THE DEADLINE FOR CF INDUSTRIES, INC. TO FILE ITS REPLY EVIDENCE UNTIL OCTOBER 7, 2004 AND EXTENDED THE DEADLINE FOR KANEB PIPE LINE PARTNERS, L.P. AND KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. TO FILE THEIR REBUTTAL EVIDENCE UNTIL OCTOBER 14, 2004.

    Secretary · CF INDUSTRIES, INC. V. KANEB PIPE LINE PARTNERS, L.P. AND KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. · decision 35114
15. 28 Sep 2004 FD 34544
    NOTICE THAT TAZEWELL & PEORIA RAILROAD, INC. FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO LEASE AND OPERATE APPROXIMATELY 19.9 MILES OF RAIL LINE CURRENTLY OWNED BY PEORIA AND PEKIN UNION RAILWAY COMPANY, IN PEORIA COUNTY, IL.

    Director Of Proceedings · TAZEWELL & PEORIA RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--PEORIA AND PEKIN UNION RAILWAY COMPANY · decision 35028
16. 28 Sep 2004 NOM 42085
    (1) FOUND THAT TRANS TECH SOLUTIONS, INC.'S AND F&M BANK'S ATTEMPT TO COLLECT ADDITIONAL FREIGHT CHARGES FROM CLIMATE MASTER INC. AND INTERNATIONAL ENVIRONMENTAL, INC. WAS AN UNREASONABLE PRACTICE; AND (2) DISCONTINUED THIS PROCEEDING.

    Entire Board · CLIMATE MASTER INC. AND INTERNATIONAL ENVIRONMENTAL, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF TRANS TECH SOLUTIONS, INC., F&M BANK, AND MIDLAND TRANSPORTATION CO. · decision 34774
17. 28 Sep 2004 FD 34486
    (1) DENIED INDIANA SOUTHWESTERN RAILWAY CO.'S (ISW) PETITION TO REJECT, OR REVOKE THE NOTICE OF EXEMPTION FILED BY OHIO VALLEY RAILROAD COMPANY (OVR); AND (2) DISMISSED AS MOOT ISW'S REQUEST FOR A STAY OF THE EFFECTIVE DATE OF OVR'S EXEMPTION.

    Entire Board · OHIO VALLEY RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--HARWOOD PROPERTIES, INC. · decision 34673
18. 27 Sep 2004 NOR 41185
    PROVIDED THE SCHEDULE OF APPEARANCES AND THE TIME ALLOCATION FOR EACH PERSON SPEAKING AT THE SEPTEMBER 29, 2004 ORAL ARGUMENT IN THIS PROCEEDING.

    Secretary · ARIZONA PUBLIC SERVICE COMPANY & PACIFICORP V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 35109
19. 27 Sep 2004 FD 34555
    THE BOARD DENIED A REQUEST FOR WAIVER OF THE BOARD'S EMPLOYEE NOTICE REGULATIONS AT 49 CFR 1150.42(E) FILED BY THE CITY OF TACOMA, DEPARTMENT OF PUBLIC UTILITIES, BELTLINE DIVISION, D/B/A TACOMA RAIL, TACOMA MUNICIPAL BELTLINE OR TMBL (TMBL) AND DENIED A REQUEST TO STAY THE EFFECTIVENESS OF TMBL'S NOTICE OF EXEMPTION FILED BY JOHN D. FITZGERALD, FOR AND ON BEHALF OF UNITED TRANSPORTATION UNION--GENERAL COMMITTEE OF ADJUSTMENT.

    Entire Board · CITY OF TAKOMA, DEPARTMENT OF PUBLIC UTILITIES, BELTLINE DIVISION, D/B/A TACOMA RAIL OR TACOMA MUNICIPAL BELTLINE OR TMBL--ACQUISITION AND OPERATION EXEMPTION--LAKEVIEW SUBDIVISION, QUADLOK-ST. CLAIR, AND BELMORE-OLYMPIA RAIL LINES IN PIERCE AND THURSTON COUNTIES, WA · decision 35097
20. 27 Sep 2004 NOR 41191 (Sub-No. 1)
    EXTENDED THE DUE DATE FOR AEP TEXAS NORTH COMPANY TO FILE A REPLY TO THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S MOTION TO STRIKE TO OCTOBER 20, 2004.

    Secretary · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 35095
21. 27 Sep 2004 AB 875-X
    PROVIDED NOTICE THAT R.J. CORMAN EQUIPMENT COMPANY, LLC (RJCE) AND R.J. CORMAN RAILROAD COMPANY/BARDSTOWN LINE (RJCR) HAVE FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 10903 FOR RCJE TO ABANDON AND RJCR TO DISCONTINUE SERVICE ON A LINE OF RAILROAD KNOWN AS THE DAWKINS LINE, IN JOHNSON, MAGOFFIN AND BREATHITT COUNTIES, KY.

    Director Of Proceedings · R.J. Corman Railroad Company/Bardstown Line -- Discontinuance Exemption -- In Johnson, Magoffin and Breathitt Counties, Kentucky · also entered in AB 876-X · decision 35074
22. 27 Sep 2004 FD 34395
    (1) ADOPTED THE SECTION OF ENVIRONMENTAL ANALYSIS' FINAL ENVIRONMENTAL MITIGATION MEASURES, AS SET FORTH IN THE APPENDIX TO THIS DECISION, AND IMPOSED THE MITIGATION MEASURES AS A CONDITION TO THIS EXEMPTION; AND (2) GRANTED FINAL APPROVAL FOR AN EXEMPTION UNDER 49 CFR 1150.36 FOR THE CITY OF PEORIA, IL D/B/A PEORIA, PEORIA HEIGHTS & WESTERN RAILROAD (PPHW) TO CONSTRUCT APPROXIMATELY 1,800 FEET OF TRACK IN PEORIA, PEORIA COUNTY, IL, OVER LAND THAT IT OWNS OR OVER WHICH IT HAS AN EASEMENT FOR RAILROAD PURPOSES, SUBJECT TO THE CONDITION THAT PPHW COMPLY WITH THE MITIGATION MEASURES ADOPTED IN THIS DECISION.

    Entire Board · CITY OF PEORIA IL, D/B/A PEORIA, PEORIA HEIGHTS AND WESTERN RAILROAD--CONSTRUCTION OF CONNECTING TRACK EXEMPTION--IN PEORIA COUNTY, IL · decision 34923
23. 27 Sep 2004 NOR 42075
    ADDRESSED TWO QUESTIONS REFERRED TO THE BOARD BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS BY ORDER DATED MAY 22, 2002, IN ENGELHARD CORP. V. SPRINGFIELD TERMINAL RY. AND CONSOLIDATED RAIL CORP., CIVIL ACTION NO. 01-10829-RGS.

    Entire Board · ENGELHARD CORPORATION--PETITION FOR DECLARATORY ORDER--SPRINGFIELD TERMINAL RAILWAY COMPANY AND CONSOLIDATED RAIL CORPORATION · decision 33648
24. 27 Sep 2004 NOR 42056
    ON RECONSIDERATION, THE FINDING THAT THE CHALLENGED RATE WAS UNREASONABLY HIGH WAS AFFIRMED BUT THE REPARATIONS AND RATE PRESCRIPTION WERE MODIFIED.

    Entire Board · TEXAS MUNICIPAL POWER AGENCY V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33561