Week of 25 Jul 2005

Decisions served

1. 29 Jul 2005 FD 34509
   PROVIDED NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT JULY 5, 2005, IN THIS PROCEEDING, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

   Secretary · KAW RIVER RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION--THE KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 36070
2. 29 Jul 2005 AB 55 (Sub-No. 603X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO JANUARY 18, 2006, AND EXTENDED THE TIME FOR CSXT TO EXERCISE THE ABANDONMENT AUTHORITY AND TO FILE A NOTICE OF CONSUMMATION TO ON OR BEFORE MARCH 19, 2006.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WEBSTER COUNTY, WV · decision 36069
3. 29 Jul 2005 FD 34705 (Sub-No. 1)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY OVER APPROXIMATELY 84.6 MILES OF BNSF'S RAIL LINE BETWEEN ARDOCH, ND, AND ERSKINE, MN.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 36061
4. 29 Jul 2005 FD 34421
   PROVIDED NOTICE TO ADVISE THOSE INDIVIDUALS INTERESTED IN OR AFFECTED BY THE PROPOSED PROJECT AS WELL AS AGENCIES WITH SPECIAL EXPERTISE OR JURISDICTION BY LAW, OF THE SECTION OF ENVIRONMENTAL ANALYSIS' DECISION TO PREPARE AN EIS AND TO INITIATE THE FORMAL SCOPING PROCESS; AND (2) ANNOUNCED THE AVAILABILITY OF A DRAFT SCOPE OF STUDY AND REQUESTS COMMENTS ON THE DRAFT SCOPE OF STUDY.

   Chief Of Section Of Environmental Analysis · HOLRAIL LLC - CONSTRUCTION AND OPERATION EXEMPTION - IN ORANGEBURG AND DORCHESTER COUNTIES, S.C. · decision 36053
5. 29 Jul 2005 FD 34716
   PROVIDED NOTICE THAT R.J. CORMAN RAILROAD COMPANY/BARDSTOWN LINE, D/B/A R.J. CORMAN RAILROAD COMPANY/WV LINES, FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE FROM R.J. CORMAN RAILROAD PROPERTY, LLC AND OPERATE A LINE OF RAILROAD EXTENDING FROM MILEPOST 0.0, AT THURMOND, WV, TO MILEPOST 12.0, AT MT. HOPE, WV.

   Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/BARDSTOWN LINE, D/B/A R.J. CORMAN RAILROAD COMPANY/WV LINES--LEASE AND OPERATION EXEMPTION--LINE OF R.J. CORMAN RAILROAD PROPERTY, LLC · decision 36022
6. 29 Jul 2005 FD 34715
   PROVIDED NOTICE THAT R.J. CORMAN RAILROAD PROPERTY, LLC, FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE FROM THE RAILROAD CO. AND THE WV SOUTHERN RAILWAY CO. A LINE OF RAILROAD EXTENDING FROM MILEPOST 0.0, AT THURMOND, WV, TO MILEPOST 12.0, AT MT. HOPE, WV.

   Director Of Proceedings · R. J. CORMAN RAILROAD PROPERTY, LLC--ACQUISITION EXEMPTION--LINE OF THE RAILROAD CO. AND THE WV SOUTHERN RAILWAY CO. · decision 36021
7. 28 Jul 2005 AB 55 (Sub-No. 568X)
   EXTENDED THE TIME FOR CSXT TO EXERCISE THE ABANDONMENT AUTHORITY AND TO FILE A NOTICE OF CONSUMMATION TO ON OR BEFORE MARCH 26, 2006, AND EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU UNTIL JANUARY 25, 2006.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, PA · decision 36074
8. 28 Jul 2005 AB 70 (Sub-No. 4X)
   (1) GRANTED HUST BROTHERS, INC.'S MOTION FOR A PROTECTIVE ORDER; AND (2) DIRECTED THE PARTIES TO COMPLY WITH THE PROTECTIVE ORDER IN THIS DECISION.

   Secretary · FLORIDA EAST COAST RAILWAY, L.L.C. - ABANDONMENT EXEMPTION - IN MIAMI-DADE COUNTY, FL. · decision 36072
9. 28 Jul 2005 AB 441 (Sub-No. 4X)
   (1) GRANTED SONORA-ARIZONA INTERNATIONAL, LLC'S MOTION FOR AN EXTENSION OF TIME UNTIL AUGUST 2, 2005, TO LATE-FILE A REPLY AND COMMENTS TO THE PETITION.

   Director Of Proceedings · SAN PEDRO OPERATING COMPANY, LLC--ABANDONMENT EXEMPTION-- IN COCHISE COUNTY,AZ · decision 36071
10. 28 Jul 2005 AB 979-X
    REOPENED THE PROCEEDING TO IMPOSE AN ENVIRONMENTAL CONDITION ON THE EXEMPTION OF THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · CONNECTICUT SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN HARTFORD COUNTY, CT · decision 36024
11. 27 Jul 2005 AB 565 (Sub-No. 10X)
    EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO JANUARY 18, 2006, AND EXTENDED THE TIME FOR CSXT TO EXERCISE THE ABANDONMENT AUTHORITY AND TO FILE A NOTICE OF CONSUMMATION TO ON OR BEFORE MARCH 19, 2006.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN WORCESTER COUNTY, MA · decision 36064
12. 27 Jul 2005 AB 55 (Sub-No. 635X)
    EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO JANUARY 18, 2006, AND EXTENDED THE TIME FOR CSXT TO EXERCISE THE ABANDONMENT AUTHORITY AND TO FILE A NOTICE OF CONSUMMATION TO ON OR BEFORE MARCH 19, 2006.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GRATIOT COUNTY, MI · decision 36060
13. 27 Jul 2005 AB 933-X
    (1) REOPENED THE PROCEEDING TO REMOVE THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE MAY 31, 2005 DECISION; AND (2) ORDERED THAT CONDITIONS 1 THROUGH 6 IMPOSED IN THE MAY 31, 2005 DECISION REMAIN IN EFFECT.

    Director Of Proceedings · DAKOTA, MISSOURI VALLEY & WESTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN BURLEIGH AND EMMONS COUNTIES, ND · decision 36047
14. 27 Jul 2005 NOR 42087
    FOUND THAT GREENVILLE COUNTY ECONOMIC DEVELOPMENT CORPORATION (GCEDC) HAD A COMMON CARRIER OBLIGATION TO PROVIDE SERVICE TO GROOME & ASSOCIATES, INC. AND LEE K. GROOME (GROOME). FOUND THAT GCEDC WAS LIABLE FOR DAMAGES FROM AUGUST 2002 THROUGH JUNE 2003, ASSOCIATED WITH INCREASED STORAGE, HANDLING, AND SHIPPING COSTS INCURRED BY GROOME.

    Entire Board · GROOME & ASSOCIATES, INC. AND LEE K. GROOME V. GREENVILLE COUNTY ECONOMIC DEVELOPMENT CORPORATION · decision 35870
15. 27 Jul 2005 FD 32760 (Sub-No. 44)
    (1) GRANTED: (A) THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN'S (BLET) APPEAL OF THE ARBITRATOR'S DECISION OF APRIL 14, 2005, AND VACATES THAT DECISION; (B) BLET'S MOTION TO EXCEED THE 30-PAGE LIMIT OF 49 CFR 1115.2(D), WITH EXHIBITS CONTAINING SOCIAL SECURITY NUMBERS OR TELEPHONE NUMBERS REMOVED FROM THE PUBLIC DOCKET AND KEPT UNDER SEAL; (C) UNION PACIFIC RAILROAD COMPANY'S (UP) MOTION TO EXCEED THE 30-PAGE LIMIT OF 49 CFR 1115.2 (D); AND (D) UP'S MOTION TO SUBSTITUTE THE WITNESS STATEMENT OF ARTHUR TERRY OLIN; AND (2) DENIED (A) BLET'S REQUEST FOR STAY OF THE CARRIER'S EMPLOYMENT ACTIONS; AND (B) BLET'S MOTION FOR LEAVE TO FILE A REPLY TO A REPLY.

    Entire Board · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PAICIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP. AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY (ARBITRATION REVIEW) · decision 35855
16. 27 Jul 2005 AB 55 (Sub-No. 568X)
    DENIED A PETITION FOR RECONSIDERATION AND REOPENING FILED ON MARCH 1, 2005 BY NEW FRANKLIN PROPERTIES, INC.

    Entire Board · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, PA · decision 35716
17. 27 Jul 2005 FD 34649
    DENIED THE APPEAL OF NEW YORK & GREENWOOD LAKE RAILWAY (GREENWOOD) FILED ON FEBRUARY 14, 2005, AND AFFIRMED THE BOARD'S (THROUGH THE DIRECTOR OF THE OFFICE OF PROCEEDINGS) DECISION SERVED ON FEBRUARY 4, 2005, REJECTING THE FEEDER LINE APPLICATION OF GREENWOOD.

    Entire Board · NEW YORK & GREENWOOD LAKE RAILWAY--FEEDER LINE ACQUISITION--A LINE OF NORFOLK SOUTHERN RAILWAY COMPANY · decision 35614
18. 27 Jul 2005 FD 34337
    DENIED A DAMAGES COMPLAINT AGAINST NORTH COAST RAILROAD AUTHORITY, D/B/A NORTHWESTERN PACIFIC RAILROAD, FILED BY MICHAEL H. MEYER, TRUSTEE IN BANKRUPTCY (TRUSTEE) FOR CALIFORNIA WESTERN RAILROAD, INC., IN STB FINANCE DOCKET NO. 34337. DISMISSED, AS MOOT, THE TRUSTEE'S PETITION FOR PARTIAL REVOCATION FILED IN STB EX PARTE NO. 346 (SUB-NO. 25B).

    Entire Board · MICHAEL H. MEYER, TRUSTEE IN BANKRUPTCY FOR CALIFORNIA WESTERN RAILROAD, INC. V. NORTH COAST RAILROAD AUTHORITY, D/B/A NORTHWESTERN PACIFIC RAILROAD · also entered in EP 346 (Sub-No. 25B) · decision 35364
19. 27 Jul 2005 FD 34487
    FOUND THAT 49 U.S.C. 10501(b)(2) PREEMPTS STATE LAWS AND REMEDIES WITH REGARD TO A RAILROAD FAILING TO CARRY OUT ITS COMMON CARRIER OBLIGATION, AND FOUND THAT, WHILE FEDERAL DISTRICT COURTS AND THE BOARD HAVE CONCURRENT JURISDICTION UNDER THE STATUTE, THE BOARD HAS PRIMARY JURISDICTION TO DETERMINE WHETHER A RAILROAD'S COMMON CARRIER OBLIGATION HAS BEEN MET.

    Entire Board · GREENVILLE COUNTY ECONOMIC DEVELOPMENT CORPORATION--PETITION FOR DECLARATORY ORDER · decision 34778
20. 26 Jul 2005 AB 70 (Sub-No. 5X)
    (1) GRANTED THE MOTION FOR A PROTECTIVE ORDER FILED BY HUST BROTHERS, INC. ON JULY 20, 2005; AND (2) DIRECTED THE PARTIES TO COMPLY WITH THE PROTECTIVE ORDER IN THE APPENDIX TO THIS DECISION.

    Secretary · FLORIDA EAST COAST RAILWAY, L.L.C.-ABANDONMENT EXEMPTION-IN BREVARD COUNTY, FL · decision 36054
21. 26 Jul 2005 AB 303 (Sub-No. 18X)
    GRANTED THE REQUEST OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND POLK COUNTY, WI, TO EXTEND THE NITU NEGOTIATING PERIOD FOR A PORTION OF THE LINE BETWEEN MILEPOST 47.83 AND MILEPOST 49.6 UNTIL JANUARY 30, 2006.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN POLK COUNTY, WIS. · decision 36041
22. 26 Jul 2005 FD 34723
    PROVIDED NOTICE THAT BLACKLANDS RAILROAD, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE FROM UNION PACIFIC RAILROAD COMPANY AND OPERATE A SEGMENT OF RAIL LINE KNOWN AS THE COMMERCE BRANCH. THE SEGMENT EXTENDS APPROXIMATELY 7.9 MILES FROM MILEPOST 481.5 NEAR MT. PLEASANT, TX, TO MILEPOST 489.40 NEAR WINFIELD, TX.

    Director Of Proceedings · BLACKLANDS RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 36006
23. 25 Jul 2005 AB 33 (Sub-No. 190X)
    GRANTED THE REQUEST OF THE WISCONSIN DEPARTMENT OF TRANSPORTATION TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS UNTIL JANUARY 22, 2006.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DUNN COUNTY, WI · decision 36045
24. 25 Jul 2005 AB 68 (Sub-No. 4X)
    REOPENED THE PROCEEDING TO REMOVE THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE JANUARY 19, 2005 DECISION AND NOTICE.

    Director Of Proceedings · LAKE SUPERIOR & ISHPEMING RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARQUETTE COUNTY, MICH. · decision 36042