Week of 30 May 2005

Decisions served

1. 3 Jun 2005 FD 34627
   THIS DECISION MODIFIES THE NOTICE OF EXEMPTION SERVED AND PUBLISHED ON JANUARY 6, 2005.

   Director Of Proceedings · NORTHERN LINES RAILWAY, LLC--LEASE AND OPERATION EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 35883
2. 3 Jun 2005 FD 34704
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY BETWEEN UP MILEPOST 83.0 AND UP MILEPOST 81.5 ON THE NATIONAL AVENUE INDUSTRIAL LEAD NEAR MILWAUKEE, WI, A DISTANCE OF APPROXIMATELY 1.5 MILES.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 35882
3. 2 Jun 2005 FD 34703
   (1) GRANTED THE MOTION FOR A PROTECTIVE ORDER FILED BY ILLINOIS CENTRAL RAILROAD COMPANY; (2) ADOPTED THE UNDERTAKING IN THE APPENDIX TO THIS DECISION; AND (3) ORDERED THE UNREDACTED TRACKAGE RIGHTS AGREEMENT SUBMITTED IN FINANCE DOCKET NO. 34703 TO BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC, UNLESS THE ATTACHED UNDERTAKING IS EXECUTED AND THE TERMS OF THE PROTECTIVE ORDER ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

   Secretary · ILLINOIS CENTRAL RAILROAD COMPANY-TRACKAGE RIGHTS EXEMPTION -UNION PACIFIC RAILROAD COMPANY · decision 35895
4. 2 Jun 2005 AB 870-X
   (1) REOPENED THIS PROCEEDING; AND (2) ACCEPTED THE LATE-FILED REQUEST FOR A NITU UNDER 16 U.S.C. 1247(D).

   Director Of Proceedings · BUTLER COUNTY, KANSAS--ABANDONMENT EXEMPTION--IN BUTLER COUNTY, KAN. · decision 35856
5. 1 Jun 2005 MCF 21008
   GRANTED COLORADO PUBLIC UTILITIES COMMISSION'S (CPUC'S) MOTION FOR SUBPOENA TO APPEAR AT DEPOSITION AS REGARDS MR. CHRISTOPHER JARNOT AND MS. SUSAN RUBIN-STEWART AND DIRECTED MR. JARNOT AND MS. RUBIN-STEWART TO APPEAR FOR DEPOSITIONS. GRANTED CPU'S MOTION TO SUBPOENA MR. MARK UHLFELDER AND DIRECTED MR. UHLFELDER TO APPEAR FOR DEPOSITION AT A TIME MUTUALLY CONVENIENT TO THE PARTIES. NOTED THAT CPUC'S MOTIONS FOR SUBPOENAS TO PRODUCE DOCUMENTS WOULD BE ADDRESSED, IF NECESSARY, IN A SUBSEQUENT 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 35914
6. 1 Jun 2005 FD 29963
   (1) GRANTED THE MOTION FILED ON MAY 31, 2005, BY MASSACHUSETTS BAY TRANSPORTATION AUTHORITY REQUESTING THAT THIS PROCEEDING BE HELD IN ABEYANCE; AND (2) DIRECTED THE PARTIES TO REPORT ON THE STATUS OF THEIR NEGOTIATIONS BY JULY 1, 2005.

   Secretary · BAY COLONY RAILROAD CORPORATION--MODIFIED RAIL CERTIFICATE · decision 35909
7. 1 Jun 2005 MCF 21012
   TENTATIVELY APPROVED THE APPLICATION FILED UNDER 49 U.S.C. 14303 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 35857
8. 1 Jun 2005 AB 33 (Sub-No. 225X)
   GRANTED UNION PACIFIC RAILROAD COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A LINE OF RAILROAD, KNOWN AS THE THORNTON INDUSTRIAL LEAD, FROM MILEPOST 2.0 NEAR FLINT, IA, TO MILEPOST 17.14 NEAR THORNTON, IA, A DISTANCE OF 15.14 MILES, IN CERRO GORDO COUNTY, IA, SUBJECT TO TRAIL USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CERRO GORDO COUNTY, IA · decision 35746
9. 31 May 2005 AB 55 (Sub-No. 638X)
   THE BOARD GRANTED CSXT'S (1) REQUEST TO EXTEND THE NITU UNTIL NOVEMBER 27, 2005, AND (2) REQUEST TO EXTEND THE TIME FOR CONSUMMATION UNTIL JANUARY 26, 2006.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN KNOX COUNTY, OH · decision 35907
10. 31 May 2005 AB 933-X
    REOPENED THE PROCEEDING TO IMPOSE SEVEN ENVIRONMENTAL CONDITIONS ON THE EXEMPTION OF THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · DAKOTA, MISSOURI VALLEY & WESTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN BURLEIGH AND EMMONS COUNTIES, ND · decision 35906
11. 31 May 2005 AB 33 (Sub-No. 219X)
    REOPENED THE PROCEEDING TO IMPOSE FOUR ENVIRONMENTAL CONDITIONS ON THE EXEMPTION OF THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN DOUGLAS AND CHAMPAIGN COUNTIES, IL · decision 35860
12. 31 May 2005 AB 33 (Sub-No. 251X)
    (1) REOPENED THIS PROCEEDING; AND (2) RECOMMENDED THAT A CONDITION BE IMPOSED REQUIRING THAT UNION PACIFIC RAILROAD COMPANY RETAIN ITS INTEREST IN AND TAKE NO STEPS TO ALTER THE HISTORIC INTEGRITY OF ALL SITES AND STRUCTURES ON THE RIGHT-OF-WAY THAT ARE 50 YEARS OLD OR OLDER UNTIL COMPLETION OF THE SECTION 106 PROCESS OF THE NATIONAL HISTORIC PRESERVATION ACT, 16 U.S.C. 470F(NHPA).

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DANE COUNTY, WI · decision 35858