Week of 24 Jan 2005

Decisions served

1. 28 Jan 2005 AB 55 (Sub-No. 568X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU UNTIL JULY 29, 2005, AND EXTENDED THE TIME FOR CSXT TO EXERCISE THE ABANDONMENT AUTHORITY TO ON OR BEFORE SEPTEMBER 27, 2005.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, PA · decision 35564
2. 28 Jan 2005 NOR 42060 (Sub-No. 1)
   GRANTED THE JOINT MOTION OF THE PARTIES AND ISSUED A PROTECTIVE ORDER TO ALLOW CONFIDENTIAL INFORMATION TO BE FILED UNDER SEAL TO PREVENT THE UNRESTRICTED DISCLOSURE OF INFORMATION.

   Secretary · NORTH AMERICA FREIGHT CAR ASSOCIATION, ET AL. V. BNSF RAILWAY COMPANY · decision 35545
3. 28 Jan 2005 AB 384 (Sub-No. 1X)
   SETTING TERMS AND CONDITIONS FOR THE SOUTHEAST ARKANSAS ECONOMIC DEVELOPMENT DISTRICT'S, LAKE PROVIDENCE PORT COMMISSION'S, AND MADISON PARISH PORT COMMISSION'S PURCHASE OF 30.0-MILES OF RAILROAD BETWEEN LAKE VILLAGE, AR, AND SHELBURN, AL.

   Entire Board · DELTA SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--BETWEEN LAKE VILLAGE, ARK., AND SHELBURN, LA. · decision 35540
4. 28 Jan 2005 AB 6 (Sub-No. 427X)
   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 BARNES COUNTY, ND · decision 35512
5. 27 Jan 2005 NOR 42084
   GRANTED A JOINT MOTION FILED BY CF INDUSTRIES, INC., KANEB PIPE LINE PARTNERS, L.P., AND KANEB PIPE LINE OPERATING PARTNERSHIP, L.P., TO FILE SUPPLEMENTAL BRIEFS IN THIS PROCEEDING.

   Secretary · CF INDUSTRIES, INC. V. KANEB PIPE LINE PARTNERS, L.P. AND KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. · decision 35554
6. 27 Jan 2005 AB 254 (Sub-No. 7X)
   REOPENED THE PROCEEDING TO ACCEPT 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, DENIED THE REQUEST FOR A PUBLIC USE CONDITION, AND AUTHORIZED THE PARTIES TO NEGOTIATE FOR TRAIL USE.

   Director Of Proceedings · PROVIDENCE AND WORCESTER RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WORCESTER COUNTY, MA, AND WINDHAM COUNTY, CT · decision 35493
7. 26 Jan 2005 AB 400 (Sub-No. 4)
   COURT ACTION INSTITUTED ON OR ABOUT JANUARY 13, 2005, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

   Secretary · SEMINOLE GULF RAILWAY, L.P.--ADVERSE ABANDONMENT--IN LEE COUNTY, FL · decision 35551
8. 26 Jan 2005 AB 33 (Sub-No. 190X)
   THE NITU NEGOTIATING PERIOD EXTENDED FOR 180 DAYS, UNTIL JULY 26, 2005.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DUNN COUNTY, WI · decision 35547
9. 26 Jan 2005 FD 32516 (Sub-No. 1)
   (1) IN STB FINANCE DOCKET NO. 33388 (SUB-NO. 95), FOUND THAT A SETTLEMENT AGREEMENT THAT WAS ENTERED INTO BY NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY AND WHEELING & LAKE ERIE RAILWAY COMPANY WAS CONSISTENT WITH AND REASONABLY IMPLEMENTED CERTAIN CONDITIONS IMPOSED IN CSX CORP. ET AL.--CONTROL--CONRAIL INC. ET AL., 3 S.T.B. 196, (2) IN STB FINANCE DOCKET NO. 33388 (SUB-NOS. 97 AND 98), STB FINANCE DOCKET NO. 32516 (SUB-NO. 1), AND STB FINANCE DOCKET NO. 32525 (SUB-NO. 1), ACCEPTED THE NOTICES OF EXEMPTION, SUBJECT TO LABOR PROTECTIVE CONDITIONS, AND (3) IN STB FINANCE DOCKET NO. 33388 (SUB-NOS. 96 AND 99), GRANTED THE EXEMPTIONS, SUBJECT TO LABOR PROTECTIVE CONDITIONS.

   Entire Board · WHEELING & LAKE ERIE RAILWAY CO.--LEASE AND OPERATION EXEMPTION--NORFOLK AND WESTERN RAILWAY CO.'S DOCK AT HURON, OH · also entered in FD 32525 (Sub-No. 1), FD 33388 (Sub-No. 95), FD 33388 (Sub-No. 96), FD 33388 (Sub-No. 97), FD 33388 (Sub-No. 98), FD 33388 (Sub-No. 99) · decision 35330
10. 25 Jan 2005 AB 156 (Sub-No. 25X)
    GRANTED CNJ RAIL CORPORATION'S REQUEST FOR ISSUANCE OF A PROTECTIVE ORDER TO SAFEGUARD THE CONFIDENTIALITY OF THE NET WORTH STATEMENT OF MR. WILLIAM STROHMEYER.

    Secretary · DELAWARE AND HUDSON RAILWAY COMPANY, INC.--DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN SUSQUEHANNA COUNTY, PA, AND BROOME, TIOGA, CHEMUNG, STEUBEN, ALLEGANY, LIVINGSTON, WYOMING, ERIE, AND GENESEE COUNTIES, NY · decision 35542
11. 25 Jan 2005 FD 34606
    DENIED FORTY PLUS FOUNDATION/MANHATTAN CENTRAL RAILWAY SYSTEM, LLC'S APPLICATION FILED UNDER THE FEEDER RAILROAD DEVELOPMENT PROGRAM.

    Director Of Proceedings · FORTY PLUS FOUNDATION/MANHATTAN CENTRAL RAILWAY SYSTEMS, LLC--FEEDER LINE ACQUISITION--THE MANHATTAN HIGHLINE · decision 35491
12. 24 Jan 2005 FD 34335
    Extends the closing date of the transaction until February 25, 2005; denies KJRY's request for a directed service order; directs TP&W to identify by February 3, 2005 which, if any, of the properties it sold were included in its valuation of the line's right-of-way, and to refrain from any such sales; directs TP&W to refrain from removing the line's track, switches, and other materials or otherwise taking steps that would further increase the cost of restoring rail service; and directs KJRY to hold open until February 18, 2005, its offer to enter into the trackage rights agreement contained in Appendix 3, Exhibit C, of the June 9, 2003 supplement to its feeder line application.

    Entire Board · KEOKUK JUNCTION RAILWAY COMPANY--FEEDER LINE ACQUISITION--LINE OF TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND HOLLIS, IL · decision 35541
13. 24 Jan 2005 AB 838
    EXTENDED THE DUE DATE FOR SUBMISSION OF PROTESTS OR WRITTEN COMMENTS RESPONSIVE TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S (IDOT) ABANDONMENT AND DISCONTINUANCE OF SERVICE APPLICATION UNTIL JUNE 30, 2005, AND EXTENDED THE DUE DATE FOR IDOT'S REPLY TO OPPOSITION TO JULY 15, 2005.

    Secretary · EAST ST. LOUIS JUNCTION RAILROAD COMPANY--ADVERSE ABANDONMENT--IN ST. CLAIR COUNTY, IL · also entered in AB 33 (Sub-No. 199) · decision 35537
14. 24 Jan 2005 AB 6 (Sub-No. 427X)
    PROVIDED NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON AND DISCONTINUE SERVICE OVER A 8.00-MILE LINE OF RAILROAD NEAR SANBORN AND ROGERS, IN BARNES COUNTY, ND.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BARNES COUNTY, ND · decision 35509
15. 24 Jan 2005 AB 290 (Sub-No. 259X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · TENNESSEE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND CAMPBELL COUNTIES, TN · decision 35499
16. 24 Jan 2005 AB 290 (Sub-No. 257X)
    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 BLACKFORD COUNTY, IN · decision 35496
17. 24 Jan 2005 AB 874-X
    REOPENED THE PROCEEDING TO IMPOSE AN INTERIM TRAIL USE/RAIL BANKING CONDITION AND TWO ENVIRONMENTAL CONDITIONS ON THE EXEMPTION OF THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · SIERRA NORTHERN RAILWAY--ABANDONMENT EXEMPTION--IN YOLO COUNTY, CA · decision 35467
18. 24 Jan 2005 FD 34483
    GRANTED THE REQUEST OF SMS RAIL SERVICE, INC. (SMS) FOR A DECLARATORY ORDER CONFIRMING THAT SMS IS FUNCTIONING AS A RAIL COMMON CARRIER AT PAULSBORO, NJ, TO THE EXTENT PROVIDED IN THE DECISION.

    Entire Board · SMS RAIL SERVICE, INC.--PETITION FOR DECLARATORY ORDER · decision 35108
19. 24 Jan 2005 AB 444 (Sub-No. 1X)
    DENIED THE PETITION OF TIMOTHY D. PHELPS TO REOPEN THE BOARD'S DECISION SERVED ON JANUARY 16, 2004.

    Entire Board · LAMOILLE VALLEY RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN CALEDONIA, WASHINGTON, ORLEANS, LAMOILLE, AND FRANKLIN COUNTIES, VT · decision 34578