Week of 13 Jun 2005

Decisions served

1. 17 Jun 2005 AB 70 (Sub-No. 4X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · FLORIDA EAST COAST RAILWAY, L.L.C. - ABANDONMENT EXEMPTION - IN MIAMI-DADE COUNTY, FL. · decision 35815
2. 17 Jun 2005 AB 290 (Sub-No. 259X)
   GRANTED TENNESSEE RAILWAY COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON AN APPROXIMATELY 27.01-MILE LINE OF RAILROAD BETWEEN MILEPOST TE-0.95 NEAR ONEIDA, AND MILEPOST TE-27.96 NEAR NICK'S CREEK, IN SCOTT COUNTY, TN, SUBJECT TO ENVIRONMENTAL, PUBLIC USE, TRAIL USE, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · TENNESSEE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND CAMPBELL COUNTIES, TN · also entered in AB 290 (Sub-No. 260X) · decision 35726
3. 16 Jun 2005 AB 70 (Sub-No. 5X)
   PROVIDED NOTICE THAT FLORIDA EAST COAST RAILWAY, L.L.C. FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 9.8-MILE LINE OF RAILROAD KNOWN AS THE TITUSVILLE BRANCH, EXTENDING FROM MILEPOST TB 0.0 IN TITUSVILLE TO MILEPOST TB 9.8 IN AURANTIA, IN BREVARD COUNTY, FL.

   Director Of Proceedings · FLORIDA EAST COAST RAILWAY, L.L.C.-ABANDONMENT EXEMPTION-IN BREVARD COUNTY, FL · decision 35908
4. 15 Jun 2005 NOR 42057
   PROVIDED NOTICE THAT BY JUNE 30, 2005, BNSF RAILWAY COMPANY SHALL REMIT TO PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY REPARATIONS WITH INTEREST AS DETERMINED IN THIS DECISION.

   Secretary · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 35958
5. 15 Jun 2005 FD 34711
   PROVIDED NOTICE THAT ILLINOIS CENTRAL RAILROAD COMPANY D/B/A CANADIAN NATIONAL RAILWAY COMPANY (CN) AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY (UP) OVER CN'S LINE OF RAILROAD BETWEEN CN'S CONNECTION WITH UP AT CN MILEPOST 228.9, NEAR KINMUNDY, IL AND THE NORTH END OF LACLEDE SIDING AT CN MILEPOST 214.6, NEAR LACLEDE, IL, A DISTANCE OF APPROXIMATELY 14.3 MILES.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-TRACKAGE RIGHTS EXEMPTION-ILLINOIS CENTRAL RAILROAD COMPANY D/B/A CANADIAN NATIONAL RAILWAY COMPANY · decision 35919
6. 15 Jun 2005 FD 34689
   PROVIDED NOTICE THAT FLORIDA NORTHERN RAILROAD COMPANY, INC., HAS FILED A NOTICE OF EXEMPTION TO LEASE AND TO OPERATE APPROXIMATELY 70.74-MILES OF RAIL LINE OWNED BY CSX TRANSPORTATION, INC.

   Director Of Proceedings · FLORIDA NORTHERN RAILROAD COMPANY, INC.-LEASE EXEMPTION-LINE OF CSX TRANSPORTATION, INC. · decision 35900
7. 14 Jun 2005 FD 34690
   (1) THE NOTICE OF EXEMPTION FILED BY NEW HAVEN NATIONAL RAIL TERMINAL (NHNRT) IS HELD IN ABEYANCE PENDING FURTHER ORDER OF THE BOARD AND THE EXEMPTION PURPORTED TO BE COVERED BY THE NOTICE MAY NOT BECOME EFFECTIVE, IN EITHER THE CURRENT FORM OF THE NOTICE OR AN AMENDED FORM, IN THE ABSENCE OF A FURTHER ORDER OF THE BOARD; (2) NHNRT SHALL SUBMIT ON JULY 11, 2005, AND AUGUST 1, 2005, REPORTS RESPECTING THE STATUS OF ITS DISCUSSIONS WITH THE PROVIDENCE AND WORCESTER RAILROAD COMPANY AND CSX TRANSPORTATION, INC., AND ANY OTHER INTERESTED PARTIES; AND (3) NHNRT SHALL FILE ON AUGUST 8, 2005, EITHER AN AMENDMENT TO ITS NOTICE OR A MOTION TO DISMISS ITS NOTICE.

   Director Of Proceedings · NEW HAVEN NATIONAL RAIL TERMINAL TRANSPORTATION COMPANY, L.L.C.--LEASE AND OPERATION EXEMPTION--3.5 MILES OF TRACK IN THE FORMER CEDAR HILL YARD, NEW HAVEN AND NORTH HAVEN, CT · decision 35962
8. 14 Jun 2005 AB 565 (Sub-No. 17X)
   GRANTED CSXT'S REQUESTS TO EXTEND THE NITU NEGOTIATING PERIOD TO OCTOBER 10, 2005, AND TO EXTEND THE TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE DECEMBER 14, 2005.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC-- ABANDONMENT EXEMPTION--IN DUTCHESS COUNTY, N.Y. · decision 35936
9. 14 Jun 2005 FD 34692
   PROVIDED NOTICE THAT DENVER TERMINAL RAILROAD COMPANY, D/B/A DENVER ROCK ISLAND RAILROAD A CLASS III RAIL CARRIER, FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE FROM UNION PACIFIC RAILROAD COMPANY AND OPERATE RAIL LINES COMMONLY KNOWN AS THE STOCK YARD LEAD AND THE NORTH WASHINGTON INDUSTRIAL TRACK IN DENVER AND ADAMS COUNTIES, CO.

   Director Of Proceedings · DENVER TERMINAL RAILROAD COMPANY, D/B/A DENVER ROCK ISLAND RAILROAD--ACQUISITION AND OPERATION EXEMPTION--RAIL LINES OF UNION PACIFIC RAILROAD COMPANY · decision 35892
10. 14 Jun 2005 AB 355 (Sub-No. 31X)
    GRANTED THE BOSTON AND MAINE CORPORATION AND SPRINGFIELD TERMINAL RAILWAY COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO DISCONTINUE SERVICE OVER A 1.45-MILE LINE OF RAILROAD KNOWN AS THE MYSTIC WHARF BRANCH, EXTENDING FROM MILEPOST 0.0 TO MILEPOST 1.45 IN SUFFOLK COUNTY, MA, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · SPRINGFIELD TERMINAL RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN SUFFOLK COUNTY,MA · also entered in AB 32 (Sub-No. 93X) · decision 35692
11. 13 Jun 2005 AB 646-X
    REOPENED THE PROCEEDING TO IMPOSE AN ENVIRONMENTAL CONDITION.

    Director Of Proceedings · ATLANTIC & WESTERN RAILWAY, L.P.--ABANDONMENT EXEMPTION--IN LEE COUNTY, NC · decision 35884
12. 13 Jun 2005 WCC 105
    DENIED THE PETITION FILED BY DHX, INC. (DHX) SEEKING RECONSIDERATION OF THE BOARD'S MAY 14, 2003 DECISION AND DHX'S REQUEST FOR CLARIFICATION OF THE BOARD'S DECEMBER 15, 2004 DECISION.

    Entire Board · DHX, INC. V. MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC. · decision 35617
13. 13 Jun 2005 FD 34606
    DECISION: (1) ISSUES A CERTIFICATE OF INTERIM TRAIL USE OR ABANDONMENT (CITU) AT THE REQUEST OF THE CITY OF NEW YORK, ET. AL.; (2) DENIES THE FRIENDS OF THE HIGH LINE'S REQUEST TO HOLD THEIR PETITION TO REOPEN IN ABEYANCE; AND (3) DENIES FORTY PLUS FOUNDATION'S MOTION TO DISMISS THE JOINT REQUEST FOR A CITU AND ITS APPEAL OF THE DIRECTOR'S JANUARY 25, 2005 DECISION REJECTING ITS FEEDER LINE APPLICATION.

    Entire Board · FORTY PLUS FOUNDATION/MANHATTAN CENTRAL RAILWAY SYSTEMS, LLC--FEEDER LINE ACQUISITION--THE MANHATTAN HIGHLINE · also entered in AB 167 (Sub-No. 1094A) · decision 35204