Week of 9 May 2005

Decisions served

1. 13 May 2005 AB 33 (Sub-No. 143X)
   GRANTED THE REQUEST OF IOWA TRAILS COUNCIL TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS TO NOVEMBER 10, 2005.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN WRIGHT, FRANKLIN AND CERRO GORDO COUNTIES, IA · decision 35872
2. 13 May 2005 AB 512-X
   (1) REOPENED THIS PROCEEDING; (2) GRANTED THE RAILROAD'S REQUEST TO MAKE THE EXEMPTIONS EFFECTIVE IMMEDIATELY; (3) TERMINATED THE FINANCIAL ASSISTANCE PROCESS IN THESE PROCEEDINGS; AND (4) ORDERED THAT THE EXEMPTIONS WILL BECOME EFFECTIVE ON THE SERVICE DATE OF THIS DECISION, SUBJECT TO THE PREVIOUSLY IMPOSED CONDITIONS.

   Director Of Proceedings · SIERRA PACIFIC INDUSTRIES--ABANDONMENT EXEMPTION--IN AMADOR COUNTY, CA · also entered in AB 880-X · decision 35861
3. 13 May 2005 AB 646-X
   PROVIDED NOTICE THAT ATLANTIC & WESTERN RAILWAY, L.P. SEEKS TO ABANDON A 0.74-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST 3.76 (V.S. 198+37) TO MILEPOST 4.50 (V.S. 237+47) IN JONESBORO, LEE COUNTY, NC.

   Director Of Proceedings · ATLANTIC & WESTERN RAILWAY, L.P.--ABANDONMENT EXEMPTION--IN LEE COUNTY, NC · decision 35834
4. 13 May 2005 AB 303 (Sub-No. 25X)
   GRANTED THE REQUEST OF WISDNR TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL NOVEMBER 11, 2005.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN LANGLADE, MENOMINEE AND SHAWANO COUNTIES, WIS. · decision 35827
5. 12 May 2005 FD 34666
   TOLLED THE TIME FOR MORRIS RECYCLING, INC. TO FILE A SUPPLEMENTAL PETITION TO REVOKE IN THIS PROCEEDING.

   Secretary · COLUMBUS AND GREENVILLE RAILWAY COMPANY--ACQUISITION AND OPERATION EXEMPTION--LINE OF CITY OF GREENWOOD, MS · decision 35875
6. 12 May 2005 FD 28676 (Sub-No. 5)
   THE DECISION: DIRECTED THAT THE APPEAL FILED BY CLAIMANTS, AND ANY OTHER PLEADINGS PREVIOUSLY FILED IN THIS PROCEEDING, WILL HENCEFORTH BE TREATED AS IF THEY HAD BEEN DOCKETED UNDER STB FINANCE DOCKET NO. 28676 (SUB-NO. 5); ORDERED THAT THE PAGE IN THE APPEAL THAT IS MARKED 'ATTACHMENT C' WILL BE KEPT UNDER SEAL AND WILL NOT BE PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC UNLESS OTHERWISE ORDERED BY THE BOARD; AND WAIVED THE OTHERWISE APPLICABLE 49 CFR 1115.2(d) PAGE LIMITATION.

   Secretary · GRAND TRUNK WESTERN RAILROAD--CONTROL--DETROIT, TOLEDO AND IRONTON RAILROAD COMPANY AND DETROIT AND TOLEDO SHORE LINE RAILROAD COMPANY (ARBITRATION REVIEW) · decision 35873
7. 12 May 2005 AB 883 (Sub-No. 1X)
   (1) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 1152.27 TO PROCEED; (2) ADVISED THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND ROCKY MOUNT AND WESTERN RAILROAD CO., INC. IF THEY CANNOT AGREE ON THE PURCHASE PRICE, EITHER PARTY MAY REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF THE PURCHASE PRICE ON OR BEFORE JUNE 8, 2005, AND (3) CONCLUDED THAT IF NO AGREEMENT IS REACHED AND NO REQUEST IS SUBMITTED BY THAT DATE, THE BOARD WILL SERVE A DECISION VACATING THIS DECISION AND ALLOWING THE ABANDONMENT EXEMPTION TO BECOME EFFECTIVE.

   Director Of Proceedings · ROCKY MOUNT AND WESTERN RAILROAD CO., INC.-ABANDONMENT EXEMPTION-IN NASH COUNTY, NC · decision 35871
8. 12 May 2005 FD 34693
   PROVIDED NOTICE THAT KAW RIVER RAILROAD, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE AND OPERATE APPROXIMATELY 15.69 MILES OF RAIL LINES OWNED BY BNSF RAILWAY COMPANY (BNSF) LOCATED: (1) BETWEEN MILEPOST 215.55 NEAR BIRMINGHAM, MO, AND MILEPOST 199.86 AT KEARNEY, MO; AND (2) IN BNSF'S BIRMINGHAM YARD, INCLUDING TRACK NUMBERS 1501, 1502, 1503, 1504, 1547, 1555, 1550, 9956, 1560, AND 9955 AND THE LADDER TRACK LOCATED BETWEEN TRACK NUMBERS 1504 AND 1599.

   Director Of Proceedings · KAW RIVER RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--BNSF RAILWAY COMPANY · decision 35794
9. 11 May 2005 AB 290 (Sub-No. 238X)
   (1) GRANTED THE REQUEST OF BUCHANAN COUNTY BOARD OF SUPERVISORS TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU FOR AN ADDITIONAL 180 DAYS UNTIL AUGUST 29, 2005; AND (2) GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY TO ON OR BEFORE OCTOBER 28, 2005.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 35848
10. 11 May 2005 AB 6 (Sub-No. 419X)
    GRANTED REQUEST TO EXTEND CONSUMMATION DATE UNTIL DECEMBER 31, 2005.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN GRIGGS AND BARNES COUNTIES, ND · decision 35829
11. 10 May 2005 AB 6 (Sub-No. 413X)
    EXTENDED THE TIME FOR BNSF TO CONSUMMATE THE ABANDONMENT AND TO FILE A NOTICE OF CONSUMMATION IN THIS PROCEEDING UNTIL DECEMBER 31, 2005.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WASHINGTON COUNTY, MN · decision 35824
12. 10 May 2005 AB 6 (Sub-No. 403X)
    THE NITU SERVED ON APRIL 22, 2003, IS AMENDED TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING FOR THAT PORTION OF THE RIGHT-OF-WAY FROM MILEPOST 504.00 TO MILEPOST 504.05.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SEDGWICK COUNTY, KS · decision 35774
13. 9 May 2005 NOR 42081
    PROVIDED NOTICE OF TIME ALLOCATED TO THE SPEAKERS FOR THE ORAL ARGUMENT THAT IS SCHEDULED ON WEDNESDAY, MAY 11, 2005, AT 10:00 A.M., IN ROOM 760, THE BOARD'S HEARING ROOM, ON THE 7TH FLOOR AT THE BOARD'S HEADQUARTERS IN THE MERCURY BUILDING, 1925 K STREET, N. W., WASHINGTON, D.C.

    Secretary · DYNO NOBEL INC. V. KANEB PIPE LINE PARTNERS, L.P. · also entered in NOR 42084 · decision 35864
14. 9 May 2005 AB 290 (Sub-No. 251X)
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE AUGUST 20, 2004 DECISION.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHOWAN COUNTY, NC · decision 35832
15. 9 May 2005 AB 70 (Sub-No. 4X)
    PROVIDED NOTICE THAT FLORIDA EAST COAST RAILWAY, L.L.C. FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A PORTION OF ITS SOUTH LITTLE RIVER BRANCH LINE, EXTENDING FROM MILEPOST LR 13.0 + TO MILEPOST LR 18.0 +, A DISTANCE OF APPROXIMATELY 5 MILES IN MIAMI-DADE COUNTY, FL.

    Director Of Proceedings · FLORIDA EAST COAST RAILWAY, L.L.C. - ABANDONMENT EXEMPTION - IN MIAMI-DADE COUNTY, FL. · decision 35817
16. 9 May 2005 AB 33 (Sub-No. 224X)
    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 BUFFALO COUNTY, NEBRASKA · decision 35807
17. 9 May 2005 AB 33 (Sub-No. 219X)
    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 DOUGLAS AND CHAMPAIGN COUNTIES, IL · decision 35804