Week of 18 Jul 2005

Decisions served

1. 22 Jul 2005 FD 34527
   GRANTED THE JOINT REQUEST OF MAUMEE & WESTERN RAILROAD COMPANY AND RMW VENTURES LLC (COLLECTIVELY, PETITIONERS) AND CSX TRANSPORTATION, INC. (CSXT) TO MODIFY THE PROCEDURAL SCHEDULE THAT WAS ESTABLISHED IN THE JULY 13, 2005 DECISION AS FOLLOWS: DISCOVERY IS TO BE COMPLETED BY AUGUST 30, 2005; CSXT'S REPLY IS DUE BY SEPTEMBER 20, 2005; AND PETITIONER'S REBUTTAL STATEMENT IS DUE BY SEPTEMBER 30, 2005.

   Director Of Proceedings · MAUMEE & WESTERN RAILROAD COMPANY AND RMW VENTURES LLC-PETITION FOR DECLARATORY ORDER-CSX TRANSPORTATION, INC. CROSSING RIGHTS AT DEFIANCE, OH · decision 36051
2. 22 Jul 2005 AB 854-X
   GRANTED THE REQUEST OF ALLEGHENY & EASTERN RAILROAD, INC. TO EXTEND THE NITU NEGOTIATING PERIOD FOR CAMMERON COUNTY UNTIL OCTOBER 20, 2005, TO COINCIDE WITH THE NEGOTIATING PERIOD FOR ELK COUNTY.

   Director Of Proceedings · ALLEGHENY AND EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ELK AND CAMERON COUNTIES, PA · decision 36050
3. 22 Jul 2005 AB 865-X
   GRANTED HONEY CREEK RAILROAD, INC.'S (HCR) REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY AND TO FILE A NOTICE OF CONSUMMATION ON OR BEFORE FEBRUARY 16, 2006.

   Director Of Proceedings · HONEY CREEK RAILROAD, INC.--ABANDONMENT EXEMPTION-- IN HENRY COUNTY, IN · decision 36036
4. 22 Jul 2005 FD 34726
   PROVIDED NOTICE THAT THE BNSF RAILWAY COMPANY (BNSF) HAS GRANTED OVERHEAD TRACAKGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER A LINE OF RAILROAD EXTENDING FROM BNSF MILEPOST 345.8, NEAR FORT WORTH, TX, TO BNSF MILEPOST 213.2, NEAR WICHITA, KS.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 36033
5. 22 Jul 2005 AB 290 (Sub-No. 261X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SPARTANBURG, SC · decision 36018
6. 22 Jul 2005 AB 290 (Sub-No. 243X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FORSYTH COUNTY, NC · decision 36015
7. 21 Jul 2005 AB 6 (Sub-No. 428X)
   (1) ACCEPTED THE LATE-FILED SEPARATE FORMAL EXPRESSIONS OF INTENT TO FILE AN OFFER OF FINANCIAL ASSISTANCE (OFA) BY COLFAX LAND AND CATTLE COMPANY, LLC (COLFAX) AND VERMEJO PARK, LLC (VERMEJO); (2) DIRECTED BNSF RAILWAY COMPANY (BNSF) TO PROVIDE COLFAX AND VERMEJO WITH REQUESTED INFORMATION AND TO NOTIFY THE BOARD IN WRITING THAT IT HAS DONE SO; (3) TOLLED THE DEADLINE FOR OFAS 15 DAYS FOLLOWING THE DATE THAT BNSF PROVIDES COLFAX AND VERMEJO WITH REQUESTED INFORMATION; AND (4) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION 10 DAYS AFTER THE DUE DATE FOR THE FILING OF OFAS.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN COLFAX COUNTY, NM · decision 36052
8. 21 Jul 2005 AB 6 (Sub-No. 401X)
   GRANTED BNSF RAILWAY COMPANY'S REQUEST TO EXTEND THE TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE DECEMBER 31, 2005.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN POLK COUNTY, IA · decision 36048
9. 21 Jul 2005 AB 70 (Sub-No. 5X)
   (1) REOPENED THIS PROCEEDING; (2) IMPOSED AN ENVIRONMENTAL CONDITION; (3) TOLLED THE TIME PERIOD FOR HUST BROTHERS, INC. TO FILE AN OFA UNTIL AUGUST 10, 2005; AND (4) POSTPONED THE EFFECTIVE OF THE DATE OF THE EXEMPTION UNTIL AUGUST 20, 2005.

   Director Of Proceedings · FLORIDA EAST COAST RAILWAY, L.L.C.-ABANDONMENT EXEMPTION-IN BREVARD COUNTY, FL · decision 35972
10. 20 Jul 2005 AB 838
    EXTENDED THE DEADLINE FOR SUBMISSION OF PROTESTS OR WRITTEN COMMENTS IN RESPONSE TO ILLINOIS DEPARTMENT OF TRANSPORTATION'S (IDOT) ABANDONMENT AND DISCONTINUANCE OF SERVICE APPLICATION TO APRIL 3, 2006, AND, ACCORDINGLY, EXTENDED THE DUE DATE FOR IDOT'S REPLY TO OPPOSITION TO ITS APPLICATION TO APRIL 18, 2006.

    Secretary · EAST ST. LOUIS JUNCTION RAILROAD COMPANY--ADVERSE ABANDONMENT--IN ST. CLAIR COUNTY, IL · also entered in AB 33 (Sub-No. 199) · decision 36043
11. 20 Jul 2005 AB 290 (Sub-No. 243X)
    PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 2.4-MILE LINE OF RAILROAD BETWEEN MILEPOST R-124.2, AND MILEPOST R-126-6, LOCATED IN WINSTON-SALEM, FORSYTH COUNTY, NC.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FORSYTH COUNTY, NC · decision 36009
12. 20 Jul 2005 AB 290 (Sub-No. 261X)
    PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 1.92-MILE LINE OF RAILROAD BETWEEN FORMER MILEPOST W 68.69 AND FORMER MILEPOST W 70.61, IN SPARTANBURG, SC.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SPARTANBURG, SC · decision 36007
13. 20 Jul 2005 FD 34719
    PROVIDED NOTICE THAT CORNHUSKER RAILWAYS LLC FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE BY PURCHASE FROM DTE RAIL SERVICES, INC. AND OPERATE APPROXIMATELY 5.0 MILES OF RAIL LINE, AS WELL AS CERTAIN RELATED YARD, INDUSTRY, SIDE AND SPUR TRACKS, IN HALL COUNTY, NE.

    Director Of Proceedings · CORNHUSKER RAILWAYS LLC--ACQUISITION AND OPERATION EXEMPTION--RAIL LINE OF DTE RAIL SERVICES, INC. · decision 35974
14. 20 Jul 2005 EP 333
    ANNOUNCED THE AGENDA ITEMS TO BE DISCUSSED AT THE BOARD'S JULY 27, 2005 VOTING CONFERENCE.

    Secretary · MEETINGS OF THE BOARD · also entered in FD 34337, FD 34487, FD 34649, NOR 42087, NOR 38302-S, NOR 38376-S, EP 346 (Sub-No. 25B), FD 32760 (Sub-No. 44), AB 55 (Sub-No. 568X) · decision 35862
15. 19 Jul 2005 FD 34720
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF), PURSUANT TO A MODIFIED WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN BNSF AND UNION PACIFIC RAILROAD COMPANY (UP), SUBMITS THIS VERIFIED NOTICE FOR AN EXEMPTION OF THE MODIFIED WRITTEN TRACKAGE RIGHTS AGREEMENT GOVERNING BNSF'S EXISTING OVERHEAD TRACKAGE RIGHTS OVER UP'S LINE OF RAILROAD BETWEEN CRESTLINE STREET MP 163.52 AND HELENA STREET MP 163.89, APPROXIMATELY 0.37 MILES, ON UP'S WALLACE SUBDIVISION (THE JOINT TRACKAGE) IN SPOKANE, WA.

    Director Of Proceedings · BNSF RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 36029
16. 19 Jul 2005 FD 34712 (Sub-No. 1)
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF), PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN BNSF AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY (KCS), HAS AGREED TO PROVIDE KCS WITH NON-EXCLUSIVE, OVERHEAD, TEMPORARY TRACKAGE RIGHTS, TO EXPIRE ON NOVEMBER 15, 2005, 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 36008
17. 18 Jul 2005 FD 34666
    GRANTED THE REQUESTS OF MORRIS RECYCLING, INC. (MORRIS) TO HOLD THE PROCEEDING IN ABEYANCE TO PERMIT SETTLEMENT DISCUSSIONS TO CONTINUE, TO EXTEND THE DUE DATE FOR MORRIS TO FILE A SUPPLEMENTAL PETITION TO REVOKE IN THIS PROCEEDING TO AUGUST 15, 2005, IN THE EVENT A SETTLEMENT IS NOT REACHED, AND TO EXTEND THE DUE DATE FOR COLUMBUS AND GREENVILLE RAILWAY COMPANY TO REPLY TO AUGUST 30, 2005.

    Secretary · COLUMBUS AND GREENVILLE RAILWAY COMPANY--ACQUISITION AND OPERATION EXEMPTION--LINE OF CITY OF GREENWOOD, MS · decision 36044
18. 18 Jul 2005 AB 364 (Sub-No. 10X)
    PROVIDED NOTICE THAT MID-MICHIGAN RAILROAD, INC. (MMRR), FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903. MMRR SEEKS TO DISCONTINUE SERVICE OVER A 1.50-MILE LINE OF RAILROAD, EXTENDING FROM MILEPOST 157.97 ON MMRR'S EAST-WEST RAIL LINE TO THE END OF THE LINE IN KENT COUNTY, MI.

    Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.--DISCONTINUANCE OF SERVICE EXEMPTION--IN KENT COUNTY, MI · decision 36025