Week of 1 Aug 2005

Decisions served

1. 5 Aug 2005 FD 34734
   ORDERED: (A) THAT THE NOTICES IN STB FINANCE DOCKET NOS. 34734 AND 34735 ARE STAYED AND THE EXEMPTIONS SOUGHT UNDER THE NOTICES WILL NOT BECOME EFFECTIVE UNTIL FURTHER ORDER OF THE BOARD; AND (B) NORTHEAST INTERCHANGE RAILWAY, LLC'S REPLY TO THE VILLAGE OF CROTON-ON-HUDSON PETITION IS DUE BY AUGUST 15, 2005.

   Commissioner · NORTHEAST INTERCHANGE RAILWAY, LLC--LEASE AND OPERATION EXEMPTION--LINE IN CROTON-ON-HUDSON, NY · also entered in FD 34735 · decision 36082
2. 5 Aug 2005 AB 441 (Sub-No. 4X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · SAN PEDRO OPERATING COMPANY, LLC--ABANDONMENT EXEMPTION-- IN COCHISE COUNTY,AZ · decision 35944
3. 5 Aug 2005 AB 70 (Sub-No. 4X)
   GRANTED FLORIDA EAST COAST RAILWAY, L.L.C. AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A PORTION OF ITS SOUTH LITTLE RIVER BRANCH LINE, EXTENDING FROM MILEPOST LR 13.0+ TO MILEPOST LR 18.0+, A DISTANCE OF APPROXIMATELY 5 MILES IN MIAMI-DADE COUNTY, FL, SUBJECT TO ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · FLORIDA EAST COAST RAILWAY, L.L.C. - ABANDONMENT EXEMPTION - IN MIAMI-DADE COUNTY, FL. · decision 35896
4. 4 Aug 2005 NOR 42090
   GRANTED CSX TRANSPORTATION, INC AND CSX INTERMODAL REQUESTS THAT THESE PROCEEDINGS BE HELD IN ABEYANCE UNTIL SEPTEMBER 1, 2005.

   Secretary · WTL RAIL CORPORATION--PETITION FOR DECLARATORY RELIEF · also entered in EP 230 (Sub-No. 8) · decision 36088
5. 3 Aug 2005 EP 230 (Sub-No. 9)
   INSTITUTED A PROCEEDING UNDER 49 U.S.C. 10502(D) TO CONSIDER WTL RAIL CORPORATION'S PETITION FOR PARTIAL REVOCATION OF THE EXEMPTION.

   Secretary · WTL RAIL CORPORATION-PETITION FOR PARTIAL REVOCATION OF EXEMPTION · decision 36089
6. 3 Aug 2005 AB 290 (Sub-No. 192X)
   (1) REOPENED THIS PROCEEDING; AND (2) GRANTED THE REQUEST OF TYRONE BRIDGE AND RAIL COMPANY TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS THROUGH DECEMBER 24, 2005.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND WOODFORD COUNTIES, KY · decision 36086
7. 3 Aug 2005 AB 254 (Sub-No. 7X)
   GRANTED THE REQUEST OF THE STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION TO EXTEND THE NITU NEGOTIATING PERIOD TO OCTOBER 26, 2005.

   Director Of Proceedings · PROVIDENCE AND WORCESTER RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WORCESTER COUNTY, MA, AND WINDHAM COUNTY, CT · decision 36075
8. 2 Aug 2005 AB 55 (Sub-No. 591X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO JANUARY 30, 2006, AND EXTENDED THE TIME FOR CSXT TO EXERCISE THE ABANDONMENT AUTHORITY ON OR BEFORE MARCH 31, 2006.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK AND FLOYD COUNTIES, IN · decision 36080
9. 2 Aug 2005 FD 34662
   PROVIDED NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT JULY 5, 2005, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

   Secretary · CSX TRANSPORTATION, INC.--PETITION FOR DECLARATORY ORDER · decision 36079
10. 2 Aug 2005 AB 55 (Sub-No. 592X)
    EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO JANUARY 30, 2006, AND EXTENDED THE TIME FOR CSXT TO EXERCISE THE ABANDONMENT AUTHORITY ON OR BEFORE MARCH 31, 2006.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK COUNTY, IN · decision 36077
11. 2 Aug 2005 NOR 42060 (Sub-No. 1)
    (1) GRANTED THE REQUEST OF NATIONAL INDUSTRIAL TRANSPORTATION LEAGUE AND AMERICAN CHEMISTRY COUNCIL TO WITHDRAW AND PARTICIPATE AS AMICUS CURIAE; AND (2) MODIFIED THE PROCEDURAL SCHEDULE.

    Secretary · NORTH AMERICA FREIGHT CAR ASSOCIATION, ET AL. V. BNSF RAILWAY COMPANY · decision 36076
12. 2 Aug 2005 NOR 38302-S
    (1) APPROVED THE SETTLEMENT AGREEMENT NEGOTIATED BY THE UNITED STATES DEPARTMENT OF ENERGY AND THE UNITED STATES DEPARTMENT OF DEFENSE (GOVERNMENT), AND BY UNION PACIFIC RAILROAD COMPANY (UP), TO RESOLVE RATE REASONABLENESS; (2) PRESCRIBED THE RATE AND RATE UPDATE METHODOLOGIES SET FORTH IN THE AGREEMENT AS THE MAXIMUM REASONABLE RATES AS BETWEEN THE SIGNATORIES; (3) EXTINGUISHED UP'S LIABILITY (INCLUDING THAT OF ITS PREDECESSOR AND SUBSIDIARIES) TO THE GOVERNMENT OR CONNECTING RAILROADS FOR REPARATIONS ON THE SHIPMENTS AT ISSUE IN THESE PROCEEDINGS; (4) DISMISSED UP AS A PARTY TO THESE PROCEEDINGS AND RELIEVES UP OF ANY OBLIGATION TO PARTICIPATE IN THEM OR IN RELATED PROCEEDINGS INVOLVING CLAIMS AGAINST CONNECTING RAILROADS, EXCEPT THAT UP WILL REMAIN OBLIGATED TO RESPOND TO THE BOARD'S SUBPOENA AUTHORITY; (5) ORDERED THAT THESE PROCEEDINGS CONTINUE TO BE HELD IN ABEYANCE; AND (6) DIRECTED THE GOVERNMENT TO FILE QUARTERLY REPORTS ON THE PROGRESS OF SETTLEMENT NEGOTIATIONS.

    Entire Board · UNITED STATES DEPARTMENT OF ENERGY AND UNITED STATES DEPARTMENT OF DEFENSE V. BALTIMORE & OHIO RAILROAD COMPANY, ET AL. · decision 35950