Week of 22 Nov 2004

Decisions served

1. 26 Nov 2004 AB 33 (Sub-No. 221X)
   GRANTED AN EXEMPTION FOR UNION PACIFIC RAILROAD COMPANY TO ABANDON AND DISCONTINUE SERVICE OVER A 3.3-MILE LINE OF RAILROAD KNOWN AS THE SAN JOSE INDUSTRIAL LEAD, EXTENDING FROM MILEPOST 16.3 TO MILEPOST 19.6, IN SANTA CLARA COUNTY, CA, SUBJECT TO ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SANTA CLARA COUNTY, CA · decision 34992
2. 24 Nov 2004 FD 34335
   DENIED TWO REQUESTS TO STAY THE EFFECTIVENESS OF THE BOARD'S DECISION SERVED IN THIS PROCEEDING ON OCTOBER 28, 2004.

   Commissioner · KEOKUK JUNCTION RAILWAY COMPANY--FEEDER LINE ACQUISITION--LINE OF TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND HOLLIS, IL · decision 35285
3. 24 Nov 2004 FD 34605
   PROVIDED NOTICE THAT RIO VALLEY SWITCHING COMPANY HAS FILED A VERIFIED NOTICE OF EXEMPTION TO OPERATE, PURSUANT TO AN AGREEMENT WITH RIO VALLEY RAILROAD, INC., APPROXIMATELY 17.38 MILES OF RAIL LINES OWNED BY THE UNION PACIFIC RAILROAD COMPANY LOCATED IN CAMERON COUNTY, TX.

   Director Of Proceedings · RIO VALLEY SWITCHING COMPANY--OPERATION EXEMPTION--RIO VALLEY RAILROAD, INC. · decision 35244
4. 24 Nov 2004 FD 34604
   PROVIDED NOTICE THAT RIO VALLEY RAILROAD, INC. HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE BY LEASE FROM THE UNION PACIFIC RAILROAD COMPANY APPROXIMATELY 17.38 MILES OF RAIL LINES LOCATED IN CAMERON COUNTY, TX.

   Director Of Proceedings · RIO VALLEY RAILROAD, INC.--ACQUISITION EXEMPTION--RAIL LINES OF UNION PACIFIC RAILROAD COMPANY IN CAMERON COUNTY, TX · decision 35243
5. 24 Nov 2004 MCF 21010
   ISSUED A PROTECTIVE ORDER UNDER 49 CFR 1104.14 IN THIS PROCEEDING.

   Secretary · ATLAS VAN LINES, INC. ET AL.--POOLING AGREEMENT · decision 35172
6. 24 Nov 2004 FD 34554 (Sub-No. 1)
   REVOKED THE CLASS EXEMPTION AS IT PERTAINED TO THE TRACKAGE RIGHTS DESCRIBED IN STB FINANCE DOCKET NO. 34554 TO PERMIT THE TRACKAGE RIGHTS TO EXPIRE ON OR ABOUT DECEMBER 31, 2004, SUBJECT TO EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 35094
7. 23 Nov 2004 NOR 42084
   DIRECTED THE PARTIES TO ENGAGE IN DISCUSSIONS IN AN ATTEMPT TO RESOLVE THEIR DISCOVERY DISPUTES.

   Secretary · CF INDUSTRIES, INC. V. KANEB PIPE LINE PARTNERS, L.P. AND KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. · decision 35332
8. 23 Nov 2004 NOR 38302-S
   EXTENDED THE DATE FOR FILING COMMENTS ON THE PROPOSED SETTLEMENT AGREEMENT IN THIS PROCEEDING UNTIL DECEMBER 20, 2004, AND EXTENDED THE DATE FOR FILING REPLIES BY THE PARTIES TO THE PROPOSED SETTLEMENT AGREEMENT UNTIL JANUARY 14, 2005.

   Secretary · UNITED STATES DEPARTMENT OF ENERGY AND UNITED STATES DEPARTMENT OF DEFENSE V. BALTIMORE & OHIO RAILROAD COMPANY, ET AL. · also entered in NOR 38376-S · decision 35319
9. 23 Nov 2004 FD 34536
   INSTITUTED A PROCEEDING UNDER 49 U.S.C. 10502(d) TO CONSIDER CERTAIN FILINGS THAT REQUIRE FURTHER CONSIDERTION BY THE BOARD AND SET A PROCEDURAL SCHEDULE TO ACCOMMODATE A PENDING DISCOVERY REQUEST.

   Secretary · INDIANA & OHIO CENTRAL RAILROAD, INC.-- ACQUISITION AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 35290
10. 23 Nov 2004 FD 34512
    PROVIDED NOTICE THAT THE NEBRASKA, KANSAS & COLORADO RAILNET, INC. HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE AND OPEATE TWO LINES OF RAILROAD LOCATED IN HARLAN, FRANKLIN, HITCHCOCK, HAYES, AND CHASE COUNTIES, NE.

    Director Of Proceedings · NEBRASKA, KANSAS & COLORADO RAILNET, INC.--ACQUISITION AND OPERATION EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 35282
11. 23 Nov 2004 AB 290 (Sub-No. 256X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHESTER COUNTY, PA · decision 35277
12. 23 Nov 2004 AB 596
    DIRECTED NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION TO SHOW CAUSE WHY ITS DECEMBER 4, 2001 APPLICATION FOR ADVERSE ABANDONMENT SHOULD NOT BE DENIED AND THE PROCEEDING DISMISSED IN LIGHT OF THE DECISION IN NEW YORK CROSS HARBOR R.R. V. STB, 374 F.3D 1177 (D.C. CIR. 2004).

    Entire Board · NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--ADVERSE ABANDONMENT--NEW YORK CROSS HARBOR RAILROAD IN BROOKLYN, NY · decision 35057
13. 22 Nov 2004 AB 6 (Sub-No. 404X)
    EXTENDED THE TIME FOR THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO CONSUMMATE THE ABANDONMENT AND TO FILE A NOTICE OF CONSUMMATION IN THIS PROCEEDING UNTIL DECEMBER 6, 2005.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WEBSTER COUNTY, NE · decision 35318
14. 22 Nov 2004 AB 57 (Sub-No. 54X)
    REOPENED THIS PROCEEDING TO IMPOSE SIX ENVIRONMENTAL CONDITIONS ON THE EXEMPTION OF THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RAMSEY AND BENSON COUNTIES, ND · decision 35249
15. 22 Nov 2004 AB 6 (Sub-No. 418X)
    REOPENED THIS PROCEEDING TO IMPOSE TWO ENVIRONMENTAL CONDITIONS ON THE EXEMPTION OF THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · BNSF RAILWAY COMPANY-- ABANDONMENT EXEMPTION--IN GRAND FORKS COUNTY, ND · decision 35238
16. 22 Nov 2004 FD 34531
    GRANTED THE INDIANA RAIL ROAD COMPANY'S REQUEST FOR WAIVER OF THE 60-DAY ADVANCE LABOR NOTICE REQUIREMENT OF 49 CFR 1150.42(e).

    Entire Board · THE INDIANA RAIL ROAD COMPANY--ACQUISITION EXEMPTION--LINE OF MONON RAIL PRESERVATION CORPORATION · decision 35221
17. 22 Nov 2004 AB 68 (Sub-No. 4X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · LAKE SUPERIOR & ISHPEMING RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARQUETTE COUNTY, MICH. · decision 34729