Week of 16 May 2005

Decisions served

1. 20 May 2005 NOR 42081
   SET THE DUE DATES FOR FILING POST-HEARING BRIEFS, IF ANY, AS OF JUNE 3, 2005, AND FOR FILING REPLY BRIEFS, IF ANY, AS OF 6/10/05.

   Secretary · DYNO NOBEL INC. V. KANEB PIPE LINE PARTNERS, L.P. · also entered in NOR 42084 · decision 35889
2. 20 May 2005 FD 34699
   PROVIDED NOTICE THAT GEORGIA SOUTHWESTERN RAILROAD, INC. (GSWR), SEEKS TO ACQUIRE FROM CENTRAL OF GEORGIA RAILROAD COMPANY AND OPERATE APPROXIMATELY 43 MILES OF RAIL LINE EXTENDING FROM MILEPOST R-120 AT FLORIDA ROCK TO MILEPOST R-55.0 AT ALLIE, IN HARRIS AND MERIWETHER COUNTIES, GA, INCLUDING THE ACQUISITION BY GSWR OF 12.2 MILES OF INCIDENTAL TRACKAGE RIGHTS, EXTENDING FROM MILEPOST M-290.3 AT SOUTH COLUMBUS THROUGH MILEPOST M-290.9/P-290.9 AT COLUMBUS AND MILEPOST P-291.7/R-1.2 AT WEST COLUMBUS TO MILEPOST R-12.0 AT FLORIDA ROCK, IN HARRIS AND MUSCOGEE COUNTIES, GA.

   Director Of Proceedings · GEORGIA SOUTHWESTERN RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION--CENTRAL OF GEORGIA RAILROAD COMPANY · decision 35849
3. 20 May 2005 AB 646-X
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · ATLANTIC & WESTERN RAILWAY, L.P.--ABANDONMENT EXEMPTION--IN LEE COUNTY, NC · decision 35844
4. 19 May 2005 FD 34701
   PROVIDED NOTICE THAT, PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT DATED APRIL 22, 2005, ILLINOIS CENTRAL RAILROAD COMPANY, A WHOLLY OWNED SUBSIDIARY OF CANADIAN NATIONAL RAILWAY COMPANY (COLLECTIVELY, CN), HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO CSX TRANSPORTATION, INC. OVER A LINE OF RAILROAD EXTENDING FROM (1) CN'S AULON INTERLOCKING, MILEPOST 390 ON THE FULTON SUBDIVISION TO MILEPOST 11.00 ON THE YAZOO SUBDIVISION, APPROXIMATELY 200 FEET PAST THE SOUTH LEG OF THE WYE SWITCH INTO THE MEMPHIS INTERMODAL TERMINAL (MEMPHIS FACILITY), IN FRANK C. PIDGEON INDUSTRIAL PARK, INCLUDING CN'S YARD LEAD AND YARD TRACKS REQUIRED TO ACCESS THE MEMPHIS FACILITY, A DISTANCE OF APPROXIMATELY 12 MILES; AND (2) CN'S MILEPOST 8.7 LOCATED ON THE TRACK KNOWN AS THE OLD BIRMINGHAM STEEL LEAD (OWNED BY THE SHELBY COUNTY PORT AUTHORITY AND OPERATED BY CN) CONTINUING WESTWARD TO AND BEYOND THE NEW TURNOUT TO THE MEMPHIS FACILITY, A DISTANCE OF APPROXIMATELY ONE THOUSAND FEET, ALL IN THE STATE OF T

   Director Of Proceedings · CSX TRANSPORTATION, INC.--TRACKAGE RIGHTS EXEMPTION--ILLINOIS CENTRAL RAILROAD COMPANY · decision 35852
5. 19 May 2005 MCF 21008
   GRANTED THE MOTION FOR PROTECTIVE ORDER FILED BY COLORADO MOUNTAIN EXPRESS, AND DIRECTED THE PARTIES TO COMPLY WITH THE PROTECTIVE ORDER IN THE APPENDIX TO THE DECISION.

   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 35795
6. 18 May 2005 NOR 42090
   CONTINUED THE PROCEEDING IN ABEYANCE UNTIL JUNE 17, 2005, TO ALLOW THE PARTIES ADDITIONAL TIME TO CONDUCT SETTLEMENT DISCUSSIONS.

   Secretary · WTL RAIL CORPORATION--PETITION FOR DECLARATORY RELIEF · also entered in EP 230 (Sub-No. 8) · decision 35885
7. 18 May 2005 NOR 42069
   EXTENDED THE DUE DATE FOR FILING OPENING STATEMENTS BY 30 DAYS AND MODIFIED IN A CORRESPONDING MANNER THE DEADLINES FOR REPLY STATEMENTS, REBUTTAL STATEMENTS, AND BRIEFS.

   Secretary · DUKE ENERGY CORPORATION V. NORFOLK SOUTHERN RAILWAY COMPANY · also entered in NOR 42070, NOR 42072 · decision 35880
8. 18 May 2005 NOR 42089
   GRANTED THE REQUEST OF ALBANY & EASTERN RAILROAD COMPANYTO DISMISS ITS COMPLAINT WITH PREJUDICE; DISCONTINUED THE PROCEEDING.

   Secretary · ALBANY & EASTERN RAILROAD COMPANY V. BNSF RAILWAY COMPANY · decision 35876
9. 18 May 2005 FD 34686
   PROVIDED NOTICE OF A PROPOSED CORPORATE RESTRUCTURING, THROUGH WHICH INDIANA & OHIO CENTRAL RAILROAD, INC. WILL MERGE INTO INDIANA & OHIO RAILWAY COMPANY (IORY), WITH IORY AS THE SURVIVING ENTITY.

   Director Of Proceedings · INDIANA & OHIO RAILWAY COMPANY-MERGER EXEMPTION-INDIANA & OHIO CENTRAL RAILROAD, INC. · decision 35826
10. 18 May 2005 FD 34695
    PROVIDED NOTICE THAT HAINESPORT INDUSTRIAL RAILROAD, LLC WILL ACQUIRE AND OPERATE APPROXIMATELY 1 MILE OF RAIL LINE OWNED BY HAINESPORT INDUSTRIAL PARK RAILROAD ASSOCIATION, INC., IN BURLINGTON COUNTY, NJ, WHICH LINE IS LOCATED WITHIN THE HAINESPORT INDUSTRIAL PARK IN THE TOWNSHIP OF HAINESPORT, AND CONNECTS WITH CONSOLIDATED RAIL CORPORATION AT MILEPOST 12.6 IN THE SOUTH JERSEY CONRAIL SHARED ASSETS AREA.

    Director Of Proceedings · HAINESPORT INDUSTRIAL RAILROAD, LLC--ACQUISITION AND OPERATION EXEMPTION--HAINESPORT INDUSTRIAL PARK RAILROAD ASSOCIATION, INC. · decision 35823
11. 17 May 2005 AB 295 (Sub-No. 6X)
    REOPENED THE PROCEEDING; IMPOSED FOUR ENVIRONMENTAL CONDITIONS; AND AUTHORIZED THE PARTIES TO NEGOTIATE FOR INTERIM TRAIL USE.

    Director Of Proceedings · THE INDIANA RAIL ROAD COMPANY--ABANDONMENT EXEMPTION--IN MONROE COUNTY, IN · decision 35869
12. 17 May 2005 FD 34696
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER BNSF'S LINE OF RAILROAD BETWEEN BNSF MILEPOST 141.7, NEAR ROCKVIEW, MO, AND BNSF MILEPOST 479.4, NEAR HULBERT, AR (VIA MARION, AR), A DISTANCE OF APPROXIMATELY 158.4 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 35839
13. 17 May 2005 FD 34697
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER BNSF'S RAIL LINE BETWEEN BNSF MILEPOST 2.1, NEAR ST. LOUIS, MO (GRAND AVE.), AND BNSF MILEPOST 34.1, NEAR PACIFIC, MO, A DISTANCE OF APPROXIMATELY 32.0 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 35838
14. 16 May 2005 MCF 21012-TA
    GRANTED INTERIM APPROVAL FOR CUSA CSS, LLC D/B/A CREW SHUTTLE SERVICES TO ACQUIRE CONTROL OF AND OPERATE CERTAIN ASSETS OF CREW SHUTTLE SERVICE, INC.

    Entire Board · CUSA CSS, LLC D/B/A CREW SHUTTLE SERVICES--ACQUISITION OF ASSETS AND BUSINESS OPERATIONS--CREW SHUTTLE SERVICE, INC. · decision 35850
15. 16 May 2005 FD 34694
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF), PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO WITH UNION PACIFIC RAILROAD COMPANY (UP), HAS AGREED TO GRANT LOCAL TRACKAGE RIGHTS TO UP OVER A BNSF LINE OF RAILROAD EXTENDING FROM BNSF MILEPOST 11.3 AT UP JUNCTION, WA, TO BNSF MILEPOST 36.0 NEAR SPRAGUE, WA, A DISTANCE OF APPROXIMATELY 24.7 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 35836
16. 16 May 2005 AB 485-X
    GRANTED THE PETITION FILED APRIL 25, 2005, REQUESTING PARTIAL VACATION OF THE NITU SERVED ON MARCH 4, 1997, WITH RESPECT TO THE 0.75-MILE LINE SEGMENT BETWEEN MILEPOST 26.75 AND MILEPOST 27.50 IN MOSCOW, IA.

    Director Of Proceedings · BLUE MOUNTAIN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN WHITMAN COUNTY, WA, AND LATAH COUNTY, ID · decision 35835
17. 16 May 2005 FD 34687
    PROVIDED NOTICE THAT PATRICK D. BROE AND BNS HOLDINGS, INC., HAVE FILED NOTICE TO ACQUIRE CONTROL OF THE NEBRASKA, KANSAS & COLORADO RAILNET, INC., ILLINOIS RAILNET, INC., AND GEORGIA & FLORIDA RAILNET, INC.

    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 35820