Week of 4 Oct 2004

Decisions served

1. 8 Oct 2004 AB 167 (Sub-No. 1094A)
   EXTENDED THE DUE DATE TO REPLY TO THE JOINT REQUEST TO NOVEMBER 2, 2004.

   Secretary · CHELSEA PROPERTY OWNERS--ABANDONMENT--PORTION OF THE CONSOLIDATED RAIL CORPORATION'S WEST 30TH STREET SECONDARY TRACK IN NEW YORK, NY · decision 35160
2. 8 Oct 2004 FD 34562
   (1) GRANTED THE MOTION FOR A PROTECTIVE ORDER; (2) ADOPTED THE PROTECTIVE ORDER AND UNDERTAKING IN THIS DECISION; AND (3) ORDERED THAT THE UNREDACTED TRACKAGE RIGHTS AGREEMENT SUBMITTED IN STB FINANCE DOCKET NO. 34562 WILL BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC, UNLESS THE UNDERTAKING IS EXECUTED AND THE TERMS OF THE PROTECTIVE ORDER ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

   Secretary · NORFOLK SOUTHERN RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--DELAWARE AND HUDSON RAILWAY COMPANY, INC. · decision 35159
3. 8 Oct 2004 FD 34495
   (1) GRANTED THE BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES (BMWE)-11 MOTION FOR DECLASSIFICATION OF EXHIBIT 4 (ERRONEOUSLY REFERRED TO IN THE MOTION AS EXHIBIT 5); (2) DENIED THE CSXT-10 SANCTIONS SUGGESTION; (3) GRANTED THE BMWE-14 MOTION FOR LEAVE TO FILE THE BMWE-13 REPLY; (4) GRANTED THE BMWE-15 MOTION FOR DECLASSIFICATION OF EXHIBIT 4 (NOW CORRECTLY REFERRED TO AS EXHIBIT 4); AND (5) ALLOCATED TIME FOR ORAL ARGUMENT AS REFLECTED IN THE APPENDIX TO THIS DECISION.

   Secretary · BUCKINGHAM BRANCH RAILROAD COMPANY--LEASE--CSX TRANSPORTATION, INC. · decision 35157
4. 8 Oct 2004 FD 34598
   REJECTED THE VERIFIED NOTICE OF EXEMPTION.

   Director Of Proceedings · PROGRESSIVE RAIL, INCORPORATED--CONTINUANCE IN CONTROL EXEMPTION--WISCONSIN NORTHERN RAILROAD COMPANY, LLC · decision 35155
5. 8 Oct 2004 FD 34561
   (1) GRANTED THE MOTION FOR A PROTECTIVE ORDER; (2) ADOPTED THE PROTECTIVE ORDER AND UNDERTAKING IN THIS DECISION; AND (3) ORDERED THAT THE UNREDACTED TRACKAGE RIGHTS AGREEMENT SUBMITTED IN STB FINANCE DOCKET NO. 34561 TO BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC, UNLESS THE UNDERTAKING IS EXECUTED AND THE TERMS OF THE PROTECTIVE ORDER ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

   Secretary · CANADIAN PACIFIC RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 35133
6. 8 Oct 2004 FD 34548
   (1) GRANTED RI&W'S REQUEST FOR WITHDRAWAL OF ITS NOTICE OF EXEMPTION IN THIS PROCEEDING; AND (2) DISMISSED THE PROCEEDING.

   Secretary · RHODE ISLAND & WESTERN RAILROAD LLC--LEASE AND OPERATION EXEMPTION--PAWTUCKET TRANSFER OPERATIONS LLC · decision 35077
7. 8 Oct 2004 MCF 21007
   TENTATIVELY APPROVED AN APPLICATION FILED BY CUSA RAZ UNDER 49 U.S.C. 14303 TO ACQUIRE THE ASSETS AND BUSINESS OPERATIONS OF RAZ TRANSPORTATION COMPANY (MC-153581), SUBJECT TO PUBLIC COMMENT AND IF NO OPPOSING COMMENTS ARE TIMELY FILED.

   Entire Board · CUSA RAZ, LLC D/B/A RAZ TRANSPORTATION COMPANY--ACQUISITION OF ASSETS AND BUSINESS OPERATIONS--RAZ TRANSPORTATION COMPANY · decision 35068
8. 8 Oct 2004 FD 34551
   NOTICE THAT STANDARD TERMINAL RAILROAD OF NEW JERSEY, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE APPROXIMATELY 1.25 MILES OF RAIL LINE LOCATED IN THE TOWNSHIP OF BRIDGEWATER AND THE BOROUGH OF MANVILLE, SOMERSET COUNTY, NJ THAT IS PART OF A RAIL LINE KNOWN AS THE READING COMPANY NEW YORK BRANCH (ALSO KNOWN AS THE RARITAN VALLEY CONNECTING TRACK), AND IDENTIFIED AS LINE CODE 0326, BETWEEN MILEPOST 57.25 AT MANVILLE YARD AND MILEPOST 58.50 AT A JUNCTION WITH NEW JERSEY'S COMMUTER LINE.

   Director Of Proceedings · STANDARD TERMINAL RAILROAD OF NEW JERSEY, INC.--ACQUISITION EXEMPTION--RAIL LINE OF JOSEPH C. HORNER · decision 35054
9. 8 Oct 2004 AB 33 (Sub-No. 221X)
   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 SANTA CLARA COUNTY, CA · decision 34995
10. 8 Oct 2004 FD 34503
    DENIED THE PETITION FILED PURSUANT TO 49 U.S.C. 10502(D) BY THE UNITED TRANSPORTATION UNION, TO REVOKE AN EXEMPTION FILED BY TIMBER ROCK RAILROAD, INC. TO LEASE AND OPERATE 117.82 MILES OF RAIL LINE OWNED BY THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY.

    Entire Board · TIMBER ROCK RAILROAD, INC.--LEASE EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34907
11. 7 Oct 2004 FD 34561
    (1) STAYED THE EFFECTIVE DATE OF THE NOTICES OF EXEMPTION IN STB FINANCE DOCKET NO. 34561 AND STB FINANCE DOCKET NO. 34562 UNTIL OCTOBER 27, 2004; AND (2) ORDERED CANADIAN PACIFIC RAILWAY COMPANY, DELAWARE AND HUDSON RAILWAY COMPANY, INC. AND NORFOLK SOUTHERN RAILWAY COMPANY TO FILE THE MEMORANDUM OF UNDERSTANDING (MOU), AND ANY OTHER DOCUMENTS UPDATING OR SUPERSEDING THE MOU, WITH THE BOARD BY OCTOBER 12, 2004.

    Commissioner · CANADIAN PACIFIC RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · also entered in FD 34562 · decision 35156
12. 7 Oct 2004 NOR 42058
    (1) PROVIDED NOTICE THAT THE BOARD WILL HOLD AN ORAL ARGUMENT IN THIS PROCEEDING ON TUESDAY, NOVEMBER 2, 2004, BEGINNING AT 10:00 A.M., AT 1925 K STREET, N.W., WASHINGTON, DC; AND (2) DIRECTED THAT EACH PARTY MUST PROVIDE THE ORAL ARGUMENT INFORMATION SPECIFIED IN THIS DECISION IN WRITING BY OCTOBER 25, 2004.

    Secretary · ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · decision 35135
13. 7 Oct 2004 AB 6 (Sub-No. 403X)
    GRANTED THE REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL APRIL 11, 2005.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SEDGWICK COUNTY, KS · decision 35101
14. 7 Oct 2004 FD 34554
    NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF), PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN BNSF AND UNION PACIFIC RAILROAD COMPANY (UP), HAS AGREED TO GRANT LOCAL TRACKAGE RIGHTS TO UP OVER A BNSF LINE OF RAILROAD EXTENDING FROM BNSF MILEPOST 579.3 NEAR MILL CREEK, OK, TO BNSF MILEPOST 631.1 NEAR JOE JUNCTION, TX, A DISTANCE OF APPROXIMATELY 51 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 35093
15. 7 Oct 2004 AB 384 (Sub-No. 1X)
    (1) REOPENED THIS PROCEEDING; (2) GRANTED DELTA SOUTHERN RAILROAD, INC.'S REQUEST TO REACTIVATE THIS PROCEEDING; AND (3) IMPOSED TWO ENVIRONMENTAL CONDITIONS IN THIS PROCEEDING.

    Director Of Proceedings · DELTA SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--BETWEEN LAKE VILLAGE, ARK., AND SHELBURN, LA. · decision 35086
16. 6 Oct 2004 FD 29910 (Sub-No. 1)
    ACCEPTED SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION'S REQUEST FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE UNDER THE NATIONAL TRAILS SYSTEM ACT, 16 U.S.C. 1247(D), FOR THE SIOUX FALLS SEGMENT OF THE RAIL LINE.

    Director Of Proceedings · D&I RAILROAD COMPANY--NOTICE OF INTERIM TRAIL USE AND TERMINATION OF MODIFIED RAIL CERTIFICATE · decision 35113
17. 6 Oct 2004 AB 859 (Sub-No. 1X)
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 CONDITION IMPOSED IN THE MARCH 10, 2004.

    Director Of Proceedings · PENNSYLVANIA LINES LLC--ABANDONMENT EXEMPTION--IN NORTHAMPTON COUNTY, PA · decision 35085
18. 5 Oct 2004 FD 34495
    GRANTED THE BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES' REQUEST FOR AN ORAL ARGUMENT IN THIS PROCEEDING, WHICH WILL BE HELD ON WEDNESDAY, OCTOBER 13, 2004, AT 10:00 A.M., AT 1925 K STREET, N.W., WASHINGTON, DC.

    Secretary · BUCKINGHAM BRANCH RAILROAD COMPANY--LEASE--CSX TRANSPORTATION, INC. · decision 35136
19. 5 Oct 2004 FD 34514
    (1) GRANTED CONSOLIDATED RAIL CORPORATION, CSX TRANSPORTATION, INC., AND NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST FOR AN EXTENSION, OF THE DUE DATE FOR FILING THE PUBLIC VERSION OF THE SUPPLEMENTAL PETITION TO SEPTEMBER 2, 2004; (2) INSTITUTED A PROCEEDING UNDER 49 U.S.C. 10502(D), TO CONSIDER THE ISSUES RAISED IN THE PETITION TO REVOKE FILED JULY 7, 2004; AND (3) DETERMINED THAT THE PROCEEDING INSTITUTED BE COMPLETED NO LATER THAN JULY 5, 2005.

    Secretary · RARITAN CENTRAL RAILWAY, L.L.C.--OPERATION EXEMPTION--HELLER INDUSTRIAL PARKS, INC. · decision 35099
20. 5 Oct 2004 AB 43 (Sub-No. 173X)
    GRANTED PEARL & LEAF RIVERS RAILS-TO-TRAILS RECREATIONAL DISTRICT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL NOVEMBER 17, 2004.

    Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FORREST COUNTY, MS · decision 34996
21. 4 Oct 2004 AB 6 (Sub-No. 406X)
    GRANTED THE REQUESTS TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL APRIL 5, 2005.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN RENO COUNTY, KS · decision 35087
22. 4 Oct 2004 AB 6 (Sub-No. 425X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHASE, MORRIS, MARION AND DICKINSON COUNTIES, KS · decision 35067
23. 4 Oct 2004 AB 6 (Sub-No. 426X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MATAGORDA AND WHARTON COUNTIES, TX · decision 35066