Week of 20 Jun 2005

Decisions served

1. 24 Jun 2005 AB 55 (Sub-No. 577X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU UNTIL DECEMBER 22, 2005, AND THE CONSUMMATION NOTICE FILING DEADLINE UNTIL FEBRUARY 20, 2006.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WAYNE COUNTY, IN · decision 35979
2. 24 Jun 2005 MCF 21008
   GRANTED THE REQUEST OF THE COLORADO PUBLIC UTILITIES COMMISSION TO MODIFY THE PROCEDURALSCHEDULE.

   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 35978
3. 24 Jun 2005 NOR 42090
   GRANTED THE REQUEST FOR AN EXTENSION BY CSX TRANSPORTATION, INC. AND CSX INTERMODAL THAT THESE PROCEEDINGS BE HELD IN ABEYANCE UNTIL AUGUST 1, 2005, TO GIVE 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 35970
4. 24 Jun 2005 FD 34709
   PROVIDED NOTICE THAT SOO LINE RAILROAD COMPANY HAS FILED A NOTICE OF EXEMPTION FOR OVERHEAD TRACKAGE RIGHTS OVER CERTAIN RAIL LINES OPERATED BY NORFORK SOUTHERN RAILWAY COMPANY.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 35941
5. 24 Jun 2005 AB 441 (Sub-No. 4X)
   PROVIDED NOTICE THAT SAN PEDRO RAILROAD OPERATING COMPANY, LLC FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON APPROXIMATELY 76.2 MILES OF RAILROAD IN COCHISE COUNTY, AZ.

   Director Of Proceedings · SAN PEDRO OPERATING COMPANY, LLC--ABANDONMENT EXEMPTION-- IN COCHISE COUNTY,AZ · decision 35937
6. 24 Jun 2005 AB 6 (Sub-No. 428X)
   CONCLUDED THAT ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN COLFAX COUNTY, NM · decision 35922
7. 24 Jun 2005 FD 34708
   PROVIDED NOTICE THAT GENESEE & WYOMING INC. (GWI), RP ACQUISITION COMPANY ONE (RP1), AND RP ACQUISITION COMPANY TWO (RP2) HAVE FILED A NOTICE OF EXEMPTION TO PERMIT: (1) GWI AND RP1 TO ACQUIRE CONTROL OF RAIL PARTNERS, L.P., AND EIGHT CLASS III RAIL CARRIERS FORMED AS LIMITED PARTNERSHIPS; AND (2) GWI AND RP2 TO ACQUIRE CONTROL OF RAIL PARTNERS, L.P., KWT RAILWAY, INC., A CLASS III RAIL CARRIER CORPORATION,AND FIVE CLASS III RAIL CARRIERS ORGANIZED AS LIMITED LIABILITY COMPANIES.

   Director Of Proceedings · GENESEE & WYOMING INC., RP ACQUISITION COMPANY ONE AND RP ACQUISITION COMPANY TWO--CONTROL EXEMPTION--RAIL PARTNERS, L.P., AN RAILWAY, ET AL., ATLANTIC & WESTERN RAILWAY, ET AL., AND KWT RAILWAY, INC. · decision 35905
8. 23 Jun 2005 FD 34707
   PROVIDED NOTICE THAT KETTLE FALLS INTERNATIONAL RAILWAY, LLC, A CLASS III RAIL CARRIER, FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE FROM BNSF RAILWAY COMPANY AND OPERATE APPROXIMATELY 0.50 MILES OF RAIL LINE BETWEEN MILEPOST 61.0 AND MILEPOST 60.5 NEAR CHEWELAH, WA.

   Director Of Proceedings · KETTLE FALLS INTERNATIONAL RAILWAY, LLC-LEASE AND OPERATION EXEMPTION-BNSF RAILWAY COMPANY · decision 35916
9. 23 Jun 2005 AB 874-X
   (1) REOPENED THIS PROCEEDING; AND (2) REPLACED THE CONDITION PREVIOUSLY IMPOSED FOR THE U. S. FISH AND WILDLIFE SERVICE WITH THE ONE CURRENTLY RECOMMENDED BY SECTION OF ENVIRONMENTAL ANALYSIS.

   Director Of Proceedings · SIERRA NORTHERN RAILWAY--ABANDONMENT EXEMPTION--IN YOLO COUNTY, CA · decision 35915
10. 23 Jun 2005 NOR 42092
    DENIED THE PETITION OF WTL RAIL CORPORATION (WTL) FOR INTERIM RELIEF PENDING A DECISION BY THE BOARD ON THE MERITS OF WTL'S PETITION FOR AN ORDER DECLARING THAT CERTAIN RAILROADS MAY NOT CANCEL THEIR TRAILER RENTAL AGREEMENTS WITH WTL AND SIMILARLY SITUATED LESSORS.

    Commissioner · WTL RAIL CORPORATION-PETITION FOR DECLARATORY ORDER AND INTERIM RELIEF · also entered in EP 230 (Sub-No. 9) · decision 35866
11. 23 Jun 2005 FD 34666
    INSTITUTED A PROCEEDING FILED UNDER 49 U.S.C. 10502(d) TO CONSIDER MORRIS RECYCLING, INC.'S PETITION TO REVOKE AND SET A PROCEDURAL SCHEDULE.

    Secretary · COLUMBUS AND GREENVILLE RAILWAY COMPANY--ACQUISITION AND OPERATION EXEMPTION--LINE OF CITY OF GREENWOOD, MS · decision 35810
12. 22 Jun 2005 EP 347 (Sub-No. 2)
    PROVIDED THE BOARD'S ANNUAL UPDATES TO THE 'REVENUE SHORTFALL ALLOCATION METHOD' AND 'AVERAGE REVENUE-TO-VARIABLE COST>180' PERCENTAGES TABLES FOR THE PERIOD 2000 TO 2003.

    Office Of Economics, Environmental Analysis And Administration · RATE GUIDELINES--NON-COAL PROCEEDINGS · decision 35976
13. 22 Jun 2005 NOR 42060 (Sub-No. 1)
    (1) GRANTED THE REQUEST OF NORTH AMERICA FREIGHT CAR ASSOCIATION TO MODIFY THE PROCEDURAL SCHEDULE, AS ESTABLISHED IN THE MARCH 18, 2005 DECISION.

    Secretary · NORTH AMERICA FREIGHT CAR ASSOCIATION, ET AL. V. BNSF RAILWAY COMPANY · decision 35973
14. 22 Jun 2005 AB 33 (Sub-No. 208X)
    GRANTED THE REQUEST OF NEBRASKA TRAILS FOUNDATION, INC. TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 90 DAYS UNTIL SEPTEMBER 8, 2005.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARSHALL COUNTY, KAN. · decision 35968
15. 22 Jun 2005 AB 290 (Sub-No. 250X)
    GRANTED THE REQUEST OF NORFOLK SOUTHERN RAILWAY COMPANY TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS UNTIL DECEMBER 24, 2005.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHAMPAIGN COUNTY, IL · decision 35939
16. 22 Jun 2005 FD 34712
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) AGREED TO GRANT NON-EXCLUSIVE, TEMPORARY OVERHEAD TRACKAGE RIGHTS TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY OVER BNSF'S LINE OF RAILROAD BETWEEN MILEPOST 307.5, IN NEOSHO, MO, AND MILEPOST 3.5X, AT MURRAY YARD, IN KANSAS CITY, MO, A DISTANCE OF APPROXIMATELY 229.1 MILES.

    Director Of Proceedings · THE KANSAS CITY SOUTHERN RAILWAY COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 35938
17. 22 Jun 2005 AB 33 (Sub-No. 195X)
    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 AND DISCONTINUE SERVICE OVER A LINE OF RAILROAD, KNOWN AS THE SUGAR HOUSE BRANCH, FROM MILEPOST 0.0 NEAR ROPER TO THE END OF THE BRANCH LINE AT MILEPOST 2.74 NEAR SUGAR HOUSE, A DISTANCE OF 2.74 MILES IN SALT LAKE COUNTY, UT, SUBJECT TO TRAIL USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SALT LAKE COUNTY, UT · decision 35711
18. 21 Jun 2005 EP 290 (Sub-No. 5)
    PROVIDED NOTICE THAT A DECISION BY THE BOARD SERVED JUNE 20, 2005, CONTAINED AN INADVERTENT CLERICAL ERROR IN TABLE A AT LINE 13. RCAF (UNADJUSTED) ON LINE 13 SHOULD BE CORRECTED TO READ RCAF (ADJUSTED).

    Secretary · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 35971
19. 21 Jun 2005 FD 34709
    (1) GRANTED A MOTION FOR PROTECTIVE ORDER; AND (2) DIRECTED THAT THE UNREDACTED TRACKAGE RIGHTS AGREEMENT SUBMITTED IN STB FINANCE DOCKET NO. 34709 WILL BE KEPT UNDER SEAL BY THE BOARD.

    Secretary · SOO LINE RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 35942
20. 21 Jun 2005 AB 6 (Sub-No. 428X)
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 36.90-MILE LINE OF RAILROAD BETWEEN MILEPOST 0.00 NEAR FRENCH, AND MILEPOST 36.90 NEAR YORK CANYON, IN COLFAX COUNTY, NM.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN COLFAX COUNTY, NM · decision 35918
21. 21 Jun 2005 AB 70 (Sub-No. 5X)
    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 BREVARD COUNTY, FL · decision 35911
22. 20 Jun 2005 AB 55 (Sub-No. 646X)
    GRANTED THE REQUEST OF PINELLAS COUNTY TO EXTEND THE NITU NEGOTIATING PERIOD TO DECEMBER 10, 2005.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PINELLAS COUNTY, FL · decision 35959
23. 20 Jun 2005 EP 290 (Sub-No. 5)
    APPROVED THE THIRD QUARTER 2005 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.136, RCAF (ADJUSTED) OF 0.552, AND RCAF-5 OF 0.528 AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 35956