Week of 8 Aug 2005

Decisions served

1. 12 Aug 2005 AB 290 (Sub-No. 259X)
   (1) GRANTED THE REQUEST TO EXTEND THE TIME PERIOD FOR NATIONAL COAL CORPORATION (NCC), SOUTHERN RAILWAY COMPANY, AND TENNESSEE RAILWAY COMPANY TO REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF A PURCHASE; AND (2) ADVISED NCC AND THE CARRIER IF THEY CANNOT AGREE ON A PURCHASE PRICE, EITHER PARTY MAY REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF A PURCHASE ON OR BEFORE SEPTEMBER 15, 2005.

   Director Of Proceedings · TENNESSEE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND CAMPBELL COUNTIES, TN · also entered in AB 290 (Sub-No. 260X) · decision 36111
2. 12 Aug 2005 AB 882 (Sub-No. 1X)
   CORRECTED A NOTICE OF EXEMPTION SERVED ON AUGUST 10, 2005, TO ADD: THE LINE TRAVERSES UNITED STATES POSTAL SERVICE ZIP CODE 55109.

   Secretary · MINNESOTA COMMERCIAL RAILWAY CO.--DISCONTINUANCE OF SERVICE EXEMPTION--IN RAMSEY COUNTY, MN · also entered in AB 6 (Sub-No. 429X) · decision 36110
3. 12 Aug 2005 FD 34666
   GRANTED MORRIS RECYCLING, INC'S MOTION TO WITHDRAW ITS PETITION TO REVOKE THE EXEMPTION, AND DISCONTINUED THIS PROCEEDING.

   Secretary · COLUMBUS AND GREENVILLE RAILWAY COMPANY--ACQUISITION AND OPERATION EXEMPTION--LINE OF CITY OF GREENWOOD, MS · decision 36108
4. 11 Aug 2005 AB 6 (Sub-No. 428X)
   GRANTED THE REQUEST OF BNSF RAILWAY COMPANY (BNSF) FOR THIS PROCEEDING TO BE HELD IN ABEYANCE FOR 30 DAYS TO PERMIT THE PARTIES TO CONTINUE NEGOTIATIONS FOR THE POSSIBLE SALE OF THE RAIL CORRIDOR OUTSIDE OF THE OFA PROCESS; AND (2) DIRECTED BNSF TO REPORT TO THE BOARD ON THE STATUS OF THE NEGOTIATIONS WITHIN 30 DAYS OF THE SERVICE DATE OF THIS DECISION.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN COLFAX COUNTY, NM · decision 36085
5. 11 Aug 2005 AB 103 (Sub-No. 19X)
   PROVIDED NOTICE THAT THE KANSAS CITY SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON APPROXIMATELY 1.12 MILES OF RAILROAD BETWEEN MILEPOST 48.48 AND MILEPOST 49.60, IN SPRINGHILL, WEBSTER PARISH, LA.

   Director Of Proceedings · THE KANSAS CITY SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WEBSTER PARISH, LA · decision 36065
6. 10 Aug 2005 FD 34737
   DENIED THE PETITION BY JOHN D. FITZGERALD, FOR AND ON BEHALF OF THE UNITED TRANSPORTATION UNION-GENERAL COMMITTEE OF ADJUSTMENT, TO STAY THE EFFECTIVENESS OF THE EXEMPTION INVOKED BY A NOTICE FILED IN THIS PROCEEDING UNDER 49 CFR 1150.31 BY YELLOWSTONE VALLEY RAILROAD, INC.

   Commissioner · YELLOWSTONE VALLEY RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--BNSF RAILWAY COMPANY · decision 36103
7. 10 Aug 2005 FD 34737
   (1) GRANTED THE MOTION TO COMPEL DISCOVERY AND DIRECTED YELLOWSTONE VALLEY RAILROAD, INC. (YVRR) TO FURNISH UNITED TRANSPORTATION UNION-GENERAL COMMITTEE OF ADJUSTMENT WITH THE AGREEMENT(S) BETWEEN YVRR AND BNSF RAILWAY COMPANY FOR LEASE OF THE RAIL LINE (INCLUDING TRACKAGE RIGHTS) UNDERLYING THE TRANSACTION THAT IS THE SUBJECT OF THE NOTICE OF EXEMPTION FILED IN THIS PROCEEDING ON AUGUST 2, 2005; AND (2) GRANTED A PROTECTIVE ORDER AND DIRECTED PARTIES TO COMPLY WITH THE TERMS OF THE PROTECTIVE ORDER IN THE APPENDIX TO THIS DECISION.

   Secretary · YELLOWSTONE VALLEY RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--BNSF RAILWAY COMPANY · decision 36101
8. 10 Aug 2005 AB 882 (Sub-No. 1X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) AND MINNESOTA COMMERCIAL RAILWAY COMPANY (MNNR) FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F FOR BNSF TO ABANDON, AND MNNR TO DISCONTINUE SERVICE OVER, A 0.67-MILE LINE OF RAILROAD BETWEEN MILEPOST 7.19, A POINT APPROXIMATELY 100 FEET NORTH OF INTERSTATE HIGHWAY I-694 IN WHITE BEAR TOWNSHIP, AND MILEPOST 6.52, A POINT APPROXIMATELY 50 FEET NORTH OF BEAM AVENUE IN MAPLEWOOD, IN RAMSEY COUNTY, MN.

   Director Of Proceedings · MINNESOTA COMMERCIAL RAILWAY CO.--DISCONTINUANCE OF SERVICE EXEMPTION--IN RAMSEY COUNTY, MN · also entered in AB 6 (Sub-No. 429X) · decision 36059
9. 10 Aug 2005 AB 878
   (1) GRANTED AN ADVERSE APPLICATION AUTHORIZING THE DISCONTINUANCE OF SERVICE BY PIONEER INDUSTRIAL RAILWAY COMPANY (PIRY) OVER AN 8.29-MILE RAIL LINE, KNOWN AS THE KELLAR BRANCH, LOCATED IN AND OWNED BY THE CITY OF PEORIA AND THE VILLAGE OF PEORIA HEIGHTS (JOINTLY, THE CITIES), IN PEORIA COUNTY, IL; (2) GRANTED THE CITIES' MOTION TO REJECT PIRY'S NOTICE OF INTENT TO FILE AN OFFER OF FINANCIAL ASSISTANCE UNDER 49 U.S.C. 10904; AND (3) DENIED A REQUEST BY PIRY THAT THE BOARD APPOINT A MEDIATOR IN THIS PROCEEDING.

   Entire Board · CITY OF PEORIA AND THE VILLAGE OF PEORIA HEIGHTS, IL--ADVERSE DISCONTINUANCE--PIONEER INDUSTRIAL RAILWAY COMPANY · decision 35863
10. 9 Aug 2005 FD 34690
    GRANTED NEW HAVEN NATIONAL RAIL TERMINAL TRANSPORTATION COMPANY, L.L.C. AN EXTENSION TO SEPTEMBER 9, 2005, OF THE AUGUST 8, 2005 DEADLINE BY WHICH IT WAS ORDERED TO EITHER AMEND ITS NOTICE OR MOVE TO DISMISS IT.

    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 36098