Week of 15 Aug 2005

Decisions served

1. 19 Aug 2005 FD 34738
   (1) GRANTED THE MOTION FOR A PROTECTIVE ORDER FILED JOINTLY BY PADUCAH & LOUISVILLE RAILWAY, INC., AND CSX TRANSPORTATION, INC.; (2) ORDERED THE PARTIES TO THIS PROCEEDING TO COMPLY WITH THE PROTECTIVE ORDER IN THE APPENDIX ATTACHED TO THE DECISION; AND (3) ORDERED THE UNREDACTED AGREEMENT SUBMITTED IN STB FINANCE DOCKET NO. 34738 BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC, UNLESS THE ATTACHED UNDERTAKING TO THE APPENDIX IS EXECUTED AND THE TERMS OF THE PROTECTIVE ORDER ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

   Secretary · PADUCAH & LOUISVILLE RAILWAY, INC.--ACQUISITION--CSX TRANSPORTATION, INC. · also entered in FD 34738 (Sub-No. 1), FD 34738 (Sub-No. 2) · decision 36125
2. 19 Aug 2005 AB 979-X
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE JULY 28, 2005 DECISION.

   Director Of Proceedings · CONNECTICUT SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN HARTFORD COUNTY, CT · decision 36122
3. 19 Aug 2005 FD 34727
   PROVIDED NOTICE THAT INDIANA EASTERN RAILROAD, LLC HAS FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE AND OPERATE, PURSUANT TO A LAND AND TRACK LEASE AGREEMENT WITH CSX TRANSPORTATION, INC., TO OPERATE 43.0 MILES OF RAIL LINE, EXTENDING BETWEEN MILEPOST NO. CI 61.9 AT OR NEAR RICHMOND, IN, AND MILEPOST NO. CI 18.9 AT OR NEAR FERNALD, OH, INCLUDING SPUR, INDUSTRIAL, TEAM, SWITCHING, AND SIDE TRACK, IN WAYNE, UNION, AND FRANKLIN COUNTIES, IN, AND IN BUTLER AND HAMILTON COUNTIES, OH.

   Director Of Proceedings · INDIANA EASTERN RAILROAD, LLC-LEASE AND OPERATION EXEMPTION-CSX TRANSPORTATION, INC. · decision 36062
4. 18 Aug 2005 AB 290 (Sub-No. 243X)
   (1) REOPENED THE PROCEEDING; (2) IMPOSED ENVIRONMENTAL CONDITIONS RECOMMENDED BY THE SECTION OF ENVIRONMENTAL ANALYSIS, AS SUPPLEMENTED AND MODIFIED, BASED ON COMMENTS RECEIVED; AND (3) IMPOSED A 180-DAY PUBLIC USE CONDITION (UNTIL FEBRUARY 15, 2006), REGARDING A 1.8-MILE PORTION OF THE RAIL LINE BETWEEN MILEPOST R-124.2 AND MILEPOST R-126.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FORSYTH COUNTY, NC · decision 36124
5. 18 Aug 2005 AB 565 (Sub-No. 2X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO FEBRUARY 22, 2006, AND EXTENDED THE TIME FOR CSXT TO EXERCISE THE ABANDONMENT AUTHORITY AND TO FILE A NOTICE OF CONSUMMATION TO ON OR BEFORE APRIL 26, 2006.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 36092
6. 18 Aug 2005 AB 290 (Sub-No. 261X)
   (1) REOPENED THE PROCEEDING; (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON JULY 20, 2005, AND CORRECTED ON AUGUST 3, 2005, TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AND TO PERMIT PUBLIC USE NEGOTIATIONS FOR A PERIOD OF 180 DAYS COMMENCING FROM THE AUGUST 19, 2005 EFFECTIVE DATE OF THE EXEMPTION (UNTIL FEBRUARY 15, 2006); AND (3) IMPOSED ONE ENVIRONMENTAL CONDITION.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SPARTANBURG, SC · decision 36049
7. 17 Aug 2005 WCC 105
   PROVIDED NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT AUGUST 5, 2005 BEFORE THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.

   Secretary · DHX, INC. V. MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC. · decision 36123
8. 17 Aug 2005 AB 70 (Sub-No. 5X)
   (1) TERMINATED THE OFA PROCESS IN THIS PROCEEDING; AND (2) ORDERED THAT THE ABANDONMENT EXEMPTION WILL BE EFFECTIVE ON AUGUST 17, 2005, SUBJECT TO THE EMPLOYEE PROTECTIVE CONDITIONS PREVIOUSLY IMPOSED AND TO THE ENVIRONMENTAL CONDITION IMPOSED IN THE DECISION SERVED ON JULY 21, 2005.

   Director Of Proceedings · FLORIDA EAST COAST RAILWAY, L.L.C.-ABANDONMENT EXEMPTION-IN BREVARD COUNTY, FL · decision 36112
9. 17 Aug 2005 FD 34740
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) HAS AGREED TO GRANT NON-EXCLUSIVE, OVERHEAD, TEMPORARY TRACKAGE RIGHTS TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY OVER A PORTION OF UP'S RAIL LINE BETWEEN UP MILEPOST 230.8 (UP'S LUFKIN SUBDIVISION), IN SHREVEPORT, LA, AND UP MILEPOST 217.4 AT TRE JUNCTION (UP'S DALLAS SUBDIVISION), IN DALLAS, TX, A DISTANCE OF APPROXIMATELY 192 MILES.

   Director Of Proceedings · THE KANSAS CITY SOUTHERN RAILWAY COMPANY-TEMPORARY TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 36081
10. 16 Aug 2005 AB 103 (Sub-No. 19X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · THE KANSAS CITY SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WEBSTER PARISH, LA · decision 36067
11. 15 Aug 2005 MCF 21008
    EXTENDED THE DUE DATE FOR FILING A REPLY TO COLORADO MOUNTAIN EXPRESS' (CME'S) PETITION FOR DECLARATORY ORDER TO AUGUST 31, 2005, AND EXTENDED THE DUE DATE FOR CME'S REBUTTAL STATEMENT TO SEPTEMBER 16, 2005.

    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 36099
12. 15 Aug 2005 AB 882 (Sub-No. 1X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · MINNESOTA COMMERCIAL RAILWAY CO.--DISCONTINUANCE OF SERVICE EXEMPTION--IN RAMSEY COUNTY, MN · also entered in AB 6 (Sub-No. 429X) · decision 36056
13. 15 Aug 2005 AB 254 (Sub-No. 8X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · PROVIDENCE AND WORCESTER RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN PROVIDENCE COUNTY, RI · decision 35989