Week of 2 May 2005

Decisions served

1. 6 May 2005 AB 771-X
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE NATIONAL GEODETIC SURVEY NOTIFICATION CONDITION IMPOSED IN THE APRIL 2005 DECISION.

   Director Of Proceedings · MOUNT VERNON TERMINAL RAILWAY COMPANY L.L.C.-ABANDONMENT EXEMPTION-IN SKAGIT COUNTY, WA · decision 35840
2. 6 May 2005 AB 383 (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 · WISCONSIN & SOUTHERN RAILROAD COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN DANE COUNTY, WI · also entered in AB 33 (Sub-No. 251X) · decision 35800
3. 6 May 2005 AB 933-X
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · DAKOTA, MISSOURI VALLEY & WESTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN BURLEIGH AND EMMONS COUNTIES, ND · decision 35797
4. 6 May 2005 FD 34679
   PROVIDED NOTICE THAT EAST PENN RAILWAYS, INC. FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE FROM THE WILMINGTON & NORTHERN RAILROAD COMPANY (W&N) AND ITS CORPORATE PARENT, READING COMPANY, AND OPERATE A LINE OF RAILROAD KNOWN AS THE W&N RIGHT-OF-WAY OR LINE 939.

   Director Of Proceedings · EAST PENN RAILWAYS, INC.--ACQUISITION AND OPERATION EXEMPTION--READING COMPANY · decision 35784
5. 6 May 2005 FD 34678
   PROVIDED NOTICE THAT EAST PENN RAILWAYS, INC. FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE FROM ISG RAILWAYS, INC. AND OPERATE A LINE OF RAILROAD EXTENDING BETWEEN APPROXIMATELY MILEPOST 12.66+- AT THE DELAWARE/PENNSYLVANIA STATE LINE AND MILEPOST 29.72 AT MODENA, PA.

   Director Of Proceedings · EAST PENN RAILWAYS, INC.--ACQUISITION AND OPERATION EXEMPTION--ISG RAILWAYS, INC. · decision 35783
6. 6 May 2005 FD 34677
   PROVIDED NOTICE THAT EAST PENN RAILWAYS, INC. (EAST PENN) FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE A SEGMENT OF TRACK, KNOWN AS THE OCTORARO BRANCH, THAT IS CURRENTLY OWNED BY THE SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY AND OPERATED BY EAST PENN PURSUANT TO A MODIFIED RAIL CERTIFICATE.

   Director Of Proceedings · EAST PENN RAILWAYS, INC.--ACQUISITION EXEMPTION--SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY · decision 35782
7. 6 May 2005 FD 34676
   PROVIDED NOTICE THAT PENN EASTERN HOLDINGS, INC. FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE CONTROL THROUGH STOCK OWNERSHIP OF EAST PENN RAILWAYS, INC. AND PENN EASTERN RAIL LINES, INC.

   Director Of Proceedings · PENN EASTERN HOLDINGS, INC.--CONTROL EXEMPTION--EAST PENN RAILWAYS, INC. AND PENN EASTERN RAIL LINES, INC. · decision 35781
8. 6 May 2005 AB 812-X
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE U. S. ARMY CORPS OF ENGINEERS CONSULTATION CONDITION AND THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE NOVEMBER 2004 DECISION.

   Director Of Proceedings · STOCKTON TERMINAL AND EASTERN RAILROAD--ABANDONMENT EXEMPTION--IN SAN JOAQUIN COUNTY, CA · decision 35779
9. 6 May 2005 FD 34673
   PROVIDED NOTICE THAT C&J RAILROAD COMPANY, D/B/A MISSISSIPPI DELTA RAILROAD, FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE BY LEASE AND OPERATE 1,320 FEET, OR 0.25 MILES, OF TRACK, INCLUDING YARD, LEAD AND SWITCHING TRACKS (WITHOUT ASSIGNED MILEPOSTS) THAT EXTENDS NORTH BEYOND CANADIAN NATIONAL RAILWAY COMPANY/ILLINOIS CENTRAL GULF RAILROAD COMPANY'S MILEPOST 104.

   Director Of Proceedings · C & J RAILROAD COMPANY, D/B/A MISSISSIPPI DELTA RAILROAD-ACQUISITION AND OPERATION EXEMPTION-IN TALLAHATCHIE COUNTY, MS · decision 35767
10. 5 May 2005 MCF 21008
    EXTENDED THE DUE DATE FOR REPLYING TO COLORADO MOUNTAIN EXPRESS' MOTION FOR PROTECTIVE ORDER TO MAY 6, 2005.

    Secretary · EAST WEST RESORT TRANSPORTATION, LLC, AND TMS, LLC, D/B/A COLORADO MOUNTAIN EXPRESS--PETITION FOR DECLARATORY ORDER--MOTOR CARRIER TRANSPORTATION OF PASSENGERS IN COLORADO · decision 35859
11. 5 May 2005 NOR 42089
    GRANTED THE REQUEST OF ALBANY & EASTERN RAILROAD COMPANY TO HOLD THE PROCEEDING IN ABEYANCE PENDING FURTHER BOARD ACTION.

    Secretary · ALBANY & EASTERN RAILROAD COMPANY V. BNSF RAILWAY COMPANY · decision 35847
12. 5 May 2005 FD 34687
    GRANTED A MOTION FOR PROTECTIVE ORDER AND ISSUED A PROTECTIVE ORDER TO ALLOW CONFIDENTIAL INFORMATION TO BE FILED UNDER SEAL TO PREVENT THE UNRESTRICTED DISCLOSURE OF INFORMATION.

    Director Of Proceedings · PATRICK D. BROE AND BNS HOLDINGS, INC.--ACQUISITION OF CONTROL EXEMPTION--NEBRASKA, KANSAS & COLORADO RAILNET, INC., ILLINOIS RAILNET, INC., AND GEORGIA & FLORIDA RAILNET, INC. · decision 35821
13. 5 May 2005 FD 34691
    PROVIDED NOTICE THAT STOCKTON TERMINAL & EASTERN RAILROAD A CLASS III RAIL CARRIER, FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE, FROM UNION PACIFIC RAILROAD COMPANY (UP), AND OPERATE APPROXIMATELY 1.07-MILES OF RAIL LINE (UP'S FORMER OAKDALE BRANCH), BETWEEN MILEPOST 91.83 AND THE END OF THE TRACK AT CALIFORNIA STATE HIGHWAY 99, MILEPOST 92.9 IN STOCKTON, SAN JOAQUIN COUNTY, CA.

    Director Of Proceedings · STOCKTON TERMINAL & EASTERN RAILROAD-ACQUISITION AND OPERATION EXEMPTION-RAIL LINE OF UNION PACIFIC RAILROAD COMPANY · decision 35790
14. 4 May 2005 AB 303 (Sub-No. 20X)
    GRANTED THE REQUESTS OF THE STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND WISCONSIN CENTRAL LTD. TO EXTEND THE NEGOTIATION PERIOD UNDER THE NITU FOR 180 DAYS UNTIL OCTOBER 18, 2005.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 35851
15. 4 May 2005 AB 33 (Sub-No. 224X)
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 0.74-MILE PORTION OF ITS KEARNEY INDUSTRIAL LEAD FROM MILEPOST 3.01 TO THE END OF THE LINE AT MILEPOST 3.75, NEAR KEARNEY, IN BUFFALO COUNTY, NE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN BUFFALO COUNTY, NEBRASKA · decision 35802
16. 4 May 2005 AB 33 (Sub-No. 219X)
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 9.87-MILE LINE OF RAILROAD KNOWN AS THE WESTVILLE INDUSTRIAL LEAD, EXTENDING FROM MILEPOST 164.87 AT VILLA GROVE TO THE END OF THE TRACK AT MILEPOST 155.0 NEAR BROADLANDS, IN DOUGLAS AND CHAMPAIGN COUNTIES, IL.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN DOUGLAS AND CHAMPAIGN COUNTIES, IL · decision 35789
17. 4 May 2005 AB 927-X
    REOPENED THE PROCEEDING TO IMPOSE AN ENVIRONMENTAL CONDITION ON THE ABANDONMENT OF THE RAIL LINE.

    Director Of Proceedings · BOOT HILL & WESTERN RAILWAY CO., L.C.--ABANDONMENT EXEMPTION--IN FORD COUNTY, KAN. · decision 35768
18. 4 May 2005 AB 290 (Sub-No. 168X)
    DENIED: (1) PETITIONS FOR RECONSIDERATION FILED BY ADJACENT LANDOWNERS CLAIMING THAT THE BOARD COMMITTED MATERIAL ERROR BY ISSUING A NOTICE OF INTERIM TRAIL USE AUTHORIZING RAIL BANKING/INTERIM TRAIL USE UNDER 16 U.S.C. 1247(D)(TRAILS ACT) IN THIS PROCEEDING IN MARCH 2004; AND (2) PETITIONS TO REOPEN AND REVOKE THE NITU ISSUED IN MAY 1996 FOR A DIFFERENT PORTION OF THIS RAILROAD RIGHT-OF-WAY.

    Entire Board · NORFOLK AND WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--BETWEEN KOKOMO AND ROCHESTER IN HOWARD, MIAMI, AND FULTON COUNTIES, IN · decision 34723
19. 3 May 2005 FD 34650
    PROVIDED NOTICE THAT MITTAL STEEL COMPANY N. V. FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE CONTROL OF THE FOLLOWING THREE RAILROADS: (1) ISG RAILWAYS, INC.; (2) ISG SOUTH CHICAGO & INDIANA HARBOR RAILWAY CO.; AND (3) ISG CLEVELAND WORKS RAILWAY CO.

    Director Of Proceedings · MITTAL STEEL COMPANY N.V. --ACQUISITION OF CONTROL EXEMPTION -- ISG RAILWAYS INC., ISG SOUTH CHICAGO & INDIANA HARBOR RAILWAY CO., AND ISG CLEVAND WORKS RAILWAY CO. · decision 35760
20. 3 May 2005 FD 34662
    DENIED THE DISTRICT OF COLUMBIA'S PETITION FOR RECONSIDERATION AND THE SIERRA CLUB'S PETITION TO REOPEN THE BOARD'S DECISION SERVED MARCH 14, 2005.

    Entire Board · CSX TRANSPORTATION, INC.--PETITION FOR DECLARATORY ORDER · decision 35720
21. 3 May 2005 FD 34391
    DISMISSED WITHOUT PREJUDICE A PETITION FOR EXEMPTION FILED BY NEW ENGLAND TRANSRAIL, LLC, D/B/A WILMINGTON & WOBURN TERMINAL RAILROAD COMPANY UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 TO CONSTRUCT APPROXIMATELY 2,700 FEET OF NEW RAIL LINE, TO ACQUIRE 1,300 FEET OF EXISTING TRACK, AND TO PROVIDE COMMON CARRIER RAIL SERVICE OVER APPROXIMATELY 4,000 FEET OF TRACK LOCATED ON AND ADJACENT TO LAND OWNED BY OLIN CORPORATION IN WILMINGTON AND WOBURN, MA.

    Entire Board · NEW ENGLAND TRANSRAIL, LLC, D/B/A WILMINGTON AND WOBURN TERMINAL RAILROAD CO.--CONSTRUCTION, ACQUISITION, AND OPERATION EXEMPTION--IN WILMINGTON AND WOBURN, MA · decision 35712
22. 3 May 2005 AB 33 (Sub-No. 195X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SALT LAKE COUNTY, UT · decision 35673
23. 3 May 2005 NOR 42057
    GRANTED THE PETITION FILED ON FEBRUARY 8, 2005 BY THE PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY AND CORRECTED TECHNICAL ERRORS IN THE BOARD'S RECONSIDERATION DECISION SERVED ON JANUARY 19, 2005.

    Entire Board · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 35646
24. 3 May 2005 FD 34609
    DISMISSED THE NOTICE OF EXEMPTION FILED BY THE STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION, BECAUSE THE BOARD'S REGULATORY APPROVAL WAS NOT REQUIRED FOR THE TRANSACTION.

    Entire Board · STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION--ACQUISITION EXEMPTION--PALOUSE RIVER AND COULEE CITY RAILROAD, INC. · decision 35615
25. 3 May 2005 FD 34509
    DENIED PETITIONS BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, A DIVISION OF THE RAIL CONFERENCE, INTERNATIONAL BROTHERHOOD OF TEAMSTERS AND THE UNITED TRANSPORTATION UNION TO REJECT THE NOTICE OF EXEMPTION FILED BY KAW RIVER RAILROAD, INC. (KRR) TO OPERATE TRACKS IN KANSAS CITY, OR, IN THE ALTERNATIVE, TO REVOKE KRR'S EXEMPTION.

    Entire Board · KAW RIVER RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION--THE KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 35529
26. 3 May 2005 AB 33 (Sub-No. 132X)
    DENIED THE FOLLOWING REQUESTS FILED BY CONCERNED CITIZENS OF CREEDE AND MINERAL COUNTY, CO: (1) A REQUEST FOR AN ORAL HEARING; (2) A MOTION FOR LEAVE TO FILE A REPLY TO A REPLY; AND (3) A PETITION TO REOPEN PRIOR DECISIONS IN THIS PROCEEDING.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RIO GRANDE AND MINERAL COUNTIES, CO · decision 35289
27. 3 May 2005 FD 34376
    BOARD RESPONDED TO QUESTIONS REGARDING FEDERAL PREEMPTION REFERRED TO IT BY THE FEDERAL DISTRICT COURT OF COLORADO. THE BOARD FOUND THAT THE DENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATION NEEDED THE FULL WIDTH OF ITS RIGHT-OF- WAY IN THE CITY OF CREEDE, CO (CITY), TO SAFELY AND EFFICIENTLY PROVIDE RAIL SERVICE, AND THAT THE CITY'S ZONING ORDINANCES ARE PREMEPTED UNDER 49 U.S.C. 10501(b).

    Entire Board · CITY OF CREEDE, CO--PETITION FOR DECLARATORY ORDER · decision 35239
28. 3 May 2005 NOR 42086
    DENIED THE PETITION FILED BY TERMINAL WAREHOUSE, INC. (TERMINAL) TO RECONSIDER THE BOARD'S MAY 14, 2004 DECISION IN WHICH THE BOARD DENIED TERMINAL'S PETITION TO REVOKE A USE OF THE CLASS EXEMPTION UNDER WHICH RAILROADS MAY ABANDON LINES THAT HAVE BEEN OUT-OF SERVICE FOR MORE THAN 2 YEARS, AND IN WHICH THE BOARD DISMISSED TERMINAL'S SEPARATE COMPLAINT ALLEGING THAT THE EMBARGO OF THE LINE WAS UNLAWFUL.

    Entire Board · TERMINAL WAREHOUSE, INC. V. CSX TRANSPORTATION, INC. · also entered in AB 55 (Sub-No. 631X) · decision 34857
29. 2 May 2005 NOR 42058
    PROVIDED NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT APRIL 22, 2005, IN THIS PROCEEDING, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

    Secretary · ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · decision 35846
30. 2 May 2005 FD 34688
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) HAS AGREED TO GRANT TRACKAGE RIGHTS TO CARRIZO GORGE RAILWAY, INC. OVER UP'S LINE OF RAILROAD BETWEEN MILEPOST 129.61 AT OR NEAR PLASTER CITY, AND MILEPOST 140.00 AT OR NEAR SEELEY, A DISTANCE OF APPROXIMATELY 10.39 MILES IN IMPERIAL COUNTY, CA.

    Director Of Proceedings · CARRIZO GORGE RAILWAY, INC.--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 35793
31. 2 May 2005 AB 383 (Sub-No. 4X)
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) AND WISCONSIN & SOUTHERN RAILROAD COMPANY (WSOR) HAVE JOINTLY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F FOR UP TO ABANDON AND WSOR TO DISCONTINUE SERVICE OVER A 4.4-MILE LINE OF RAILROAD, KNOWN AS THE CENTRAL SOYA LINE, HARVARD SUBDIVISION, BETWEEN MILEPOST 85.5 IN THE CITY OF MADISON AND MILEPOST 89.9 IN THE CITY OF FITCHBURG, IN DANE COUNTY, WI.

    Director Of Proceedings · WISCONSIN & SOUTHERN RAILROAD COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN DANE COUNTY, WI · also entered in AB 33 (Sub-No. 251X) · decision 35785
32. 2 May 2005 AB 792-X
    GRANTED RAILROAD SWITCHING SERVICE OF MISSOURI, INC. AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON ITS ENTIRE LINE OF RAILROAD EXTENDING 1.89 MILES FROM A POINT OF CONNECTION WITH NORFOLK SOUTHERN RAILWAY COMPANY AT OR NEAR BROAD STREET (MILEPOST O) TO THE END OF THE LINE AT THE PUBLISHING FACILITY OF THE ST. LOUIS POST-DISPATCH LOCATED AT 900 NORTH TUCKER BOULEVARD (MILEPOST 1.89), IN ST. LOUIS COUNTY, MO, SUBJECT TO TRAIL USE, PUBLIC USE, AND ENVIRONMENTAL CONDITIONS.

    Entire Board · RAILROAD SWITCHING SERVICE OF MISSOURI, INC.--ABANDONMENT EXEMPTION--IN ST. LOUIS COUNTY, MO · decision 35536