Week of 11 Oct 2004

Decisions served

1. 15 Oct 2004 AB 314 (Sub-No. 2X)
   GRANTED MARION-LOUISA INDUSTRY LEAD'S REQUEST TO EXTEND THE NEGOTIATING PERIOD FOR THE PORTION OF THE LINE BETWEEN MILEPOSTS ZA 225.7 AND ZA 228.45 TO APRIL 14, 2005.

   Director Of Proceedings · CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LINN COUNTY, IA · decision 35175
2. 15 Oct 2004 FD 34425
   NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT OCTOBER 8, 2004 BEFORE THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT.

   Secretary · CITY OF LINCOLN--PETITION FOR DECLARATORY ORDER · decision 35169
3. 15 Oct 2004 AB 303 (Sub-No. 20X)
   GRANTED THE STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND WISCONSIN CENTRAL LTD.'S REQUEST TO EXTEND THE NEGOTIATION PERIOD UNDER THE NITU UNTIL APRIL 21, 2004.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 35162
4. 15 Oct 2004 FD 30186 (Sub-No. 3)
   ISSUED A DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT (DSEIS), REQUESTED COMMENTS ON THE DSEIS FROM INTERESTED PARTIES BY DECEMBER 6, 2004, AND ANNOUNCED THAT THE BOARD WILL HOLD PUBLIC MEETINGS IN MILES CITY, MT, ON NOVEMBER 16, 2004, AND IN ASHLAND, MT, ON NOVEMBER 17, 2004.

   Chief Of Section Of Environmental Analysis · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 35117
5. 15 Oct 2004 FD 34553
   NOTICE THAT IDAHO & SEDALIA TRANSPORTATION COMPANY, LLC FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO LEASE FROM IDAHO NORTHERN & PACIFIC RAILROAD COMPANY AND OPERATE 5 MILES OF RAIL LINE BETWEEN MILEPOST 94.68, NEAR CASCADE, AND MILEPOST 99.68, AT CASCADE, ID.

   Director Of Proceedings · IDAHO & SEDALIA TRANSPORTATION COMPANY, LLC--LEASE EXEMPTION--IDAHO NORTHERN & PACIFIC RAILROAD COMPANY · decision 35078
6. 15 Oct 2004 AB 873-X
   GRANTED NEW YORK AND EASTERN RAILWAY, LLC (NY&E), CSX TRANSPORTATION, INC. (CSXT), AND NEW YORK CENTRAL LINES, LLC (NYC), AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR NY&E AND CSXT TO DISCONTINUE SERVICE OVER, AND FOR NYC TO ABANDON, AN APPROXIMATELY 4.7-MILE LINE OF RAILROAD BETWEEN MILEPOST QCO 0.0 AND MILEPOST QCO 3.2 AND BETWEEN MILEPOST QCK 29.5 AND MILEPOST QCK 31.0, IN THE CITY AND TOWN OF POUGHKEEPSIE, DUTCHESS COUNTY, NY, SUBJECT TO TRAIL USE, PUBLIC USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS AS APPROPRIATE.

   Entire Board · NEW YORK AND EASTERN RAILWAY, LLC--DISCONTINUANCE EXEMPTION--IN DUTCHESS COUNTY, NY · also entered in AB 565 (Sub-No. 17X), AB 55 (Sub-No. 652X) · decision 34878
7. 15 Oct 2004 AB 853 (Sub-No. 2X)
   GRANTED UNION PACIFIC RAILROAD COMPANY (UP) AND KANSAS & OKLAHOMA RAILROAD, INC.(K&O) AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PROVISIONS OF 49 U.S.C. 10903 FOR UP TO ABANDON, AND K&O TO DISCONTINUE SERVICE OVER, A LINE OF RAILROAD EXTENDING FROM MILEPOST 664.5, NEAR HEALY, TO MILEPOST 606.0, NEAR MCCRACKEN, A DISTANCE OF 58.5 MILES IN LANE, NESS AND RUSH COUNTIES, KS, SUBJECT TO TRAIL USE, PUBLIC USE, ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · KANSAS & OKLAHOMA RAILROAD, INC.--DISCONTINUANCE EXEMPTION--IN LANE, NESS AND RUSH COUNTIES, KS · also entered in AB 33 (Sub-No. 214X) · decision 34875
8. 14 Oct 2004 AB 400 (Sub-No. 3X)
   GRANTED SARASOTA COUNTY, FL.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL DECEMBER 28, 2004.

   Director Of Proceedings · SEMINOLE GULF RAILWAY, L.P.--ABANDONMENT EXEMPTION--IN SARASOTA COUNTY, FL · decision 35126
9. 14 Oct 2004 FD 34542
   NOTICE THAT FULTON COUNTY RAILWAY, LLC FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO LEASE FROM CSX TRANSPORTATION, INC. AND OPERATE APPROXIMATELY 55 MILES OF RAIL LINES LOCATED IN ATLANTA, GA.

   Director Of Proceedings · FULTON COUNTY RAILWAY, LLC--LEASE AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 35089
10. 14 Oct 2004 FD 34543
    NOTICE THAT PATRICK D. BROE AND OMNI TRAX, INC. FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF FULTON COUNTY RAILWAY, LLC (FCR), UPON FCR'S BECOMING A CLASS III RAIL CARRIER.

    Director Of Proceedings · PATRICK D. BROE AND OMNITRAX, INC--CONTINUANCE IN CONTROL EXEMPTION--IN FULTON COUNTY RAILWAY, LLC · decision 35088
11. 13 Oct 2004 EP 333
    ANNOUNCED THE AGENDA ITEMS TO BE DISCUSSED AT THE BOARD'S OCTOBER 20, 2004 VOTING CONFERENCE.

    Secretary · MEETINGS OF THE BOARD · also entered in FD 34421, FD 34462, NOR 42069, NOR 42070, NOR 42072, FD 34421 (Sub-No. 1), FD 34462 (Sub-No. 1), FD 30186 (Sub-No. 3), AB 68 (Sub-No. 4X), FD 33388 (Sub-No. 91) · decision 35167
12. 13 Oct 2004 AB 55 (Sub-No. 625X)
    EXTENDED THE NITU NEGOTIATING PERIOD UNTIL APRIL 6, 2005 AND EXTENDED THE TIME TO EXERCISE THE ABANDONMENT AUTHORITY UNTIL JUNE 6, 2005.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PRESTON COUNTY, W. VA. · decision 35151
13. 13 Oct 2004 NOR 42084
    (1) GRANTED DYNO NOBEL INC.'S (DYNO) REQUEST FOR LEAVE TO INTERVENE IN THIS PROCEEDING; (2) ORDERED DYNO TO SUBMIT IT'S REPLY BY OCTOBER 20, 2004; AND (3) ORDERED THAT KANEB PIPE LINE PARTNERS, L.P. AND KANEB PIPE LINE OPERATING PARTNERSHIP, L. P. WILL HAVE UNTIL OCTOBER 27, 2004 TO FILE A REBUTTAL TO THAT SUBMISSION.

    Secretary · CF INDUSTRIES, INC. V. KANEB PIPE LINE PARTNERS, L.P. AND KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. · decision 35103
14. 12 Oct 2004 NOR 42087
    INSTITUTED A FORMAL COMPLAINT PROCEEDING AND ESTABLISHED THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.

    Secretary · GROOME & ASSOCIATES, INC. AND LEE K. GROOME V. GREENVILLE COUNTY ECONOMIC DEVELOPMENT CORPORATION · decision 35163
15. 12 Oct 2004 AB 862-X
    REOPENED THE PROCEEDING (1) TO IMPOSE THE CONDITION THAT TWIN STATE RAILROAD (TSRR) LEAVE THE LINE, TRACK, TIES AND OTHER TRACK MATERIALS INTACT AND UNDISTURBED UNTIL THE UNCERTAINTY REGARDING TSRR'S RIGHT TO ABANDON AND SALVAGE THE LINE HAS BEEN DETERMINED, AND (2) TO IMPOSE FIVE ENVIRONMENTAL CONDITIONS ON THE EXEMPTION OF THE ABANDONMENT OF THE LINE IN THE EVENT THAT SALVAGING OF THE LINE, TRACK, TIES, AND OTHER TRACK MATERIALS IS ULTIMATELY PERMITTED TO OCCUR.

    Director Of Proceedings · TWIN STATE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CALEDONIA AND ESSEX COUNTIES, VT · decision 35048