Week of 29 Aug 2005

Decisions served

1. 2 Sep 2005 AB 57 (Sub-No. 55X)
   DECISION GRANTED REQUEST OF WISCONSIN DEPARTMENT OF TRANSPORTATION TO EXTEND THE NITU NEGOTIATING PERIOD TO NOVEMBER 5, 2005.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MILWAUKEE COUNTY, WI · decision 36161
2. 2 Sep 2005 AB 290 (Sub-No. 236X)
   PROVIDED NOTICE THAT THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY COMPANY, A WHOLLY SUBSIDIARY OF NORFOLK SOUTHERN RAILWAY COMPANY, FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON AN APPROXIMATELY 1.1-MILE LINE OF RAILROAD, EXTENDING FROM MILEPOST 156.9-H TO MILEPOST 158-0-H IN ROCKWOOD, ROANE COUNTY, TN.

   Director Of Proceedings · THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ROANE COUNTY, TN · decision 36131
3. 2 Sep 2005 AB 103 (Sub-No. 18X)
   PROVIDED NOTICE THAT THE KANSAS CITY SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 3.16-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST 144.64 TO MILEPOST 147.80, LOCATED NEAR WINNFIELD, IN WINN PARISH, LA.

   Director Of Proceedings · THE KANSAS CITY SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WINN PARISH, LA · decision 36130
4. 2 Sep 2005 AB 682-X
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · THE LOS ANGELES JUNCTION RAILWAY--ABANDONMENT EXEMPTION--IN LOS ANGELES COUNTY, CA · decision 36127
5. 1 Sep 2005 NOR 42090
   GRANTED REQUESTS BY THE PARTIES TO HOLD THE PROCEEDINGS IN ABEYANCE TO GIVE THEM ADDITIONAL TIME TO CONDUCT SETTLEMENT DISCUSSIONS.

   Secretary · WTL RAIL CORPORATION--PETITION FOR DECLARATORY RELIEF · also entered in EP 230 (Sub-No. 8) · decision 36164
6. 1 Sep 2005 AB 12 (Sub-No. 184X)
   GRANTED THE REQUEST OF U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND AND MANAGEMENT TO EXTEND THE NITU NEGOTIATING PERIOD TO SEPTEMBER 3, 2006.

   Director Of Proceedings · SOUTHERN PACIFIC TRANSPORTATION COMPANY--ABANDONMENT EXEMPTION--WENDEL-ALTURAS LINE IN MODOC AND LASSEN COUNTIES, CAL. · decision 36150
7. 1 Sep 2005 FD 32299 (Sub-No. 1)
   DECISION GRANTED A JOINT MOTION FOR A PROTECTIVE ORDER TO MAINTAIN THE CONFIDENTIALLY OF UNREDACTED VERSIONS OF THE 2005 NEWBERRY OPERATING RIGHTS AGREEMENT AND THE 2005 NEWBERRY SWITCHING AGREEMENT. THE PROTECTIVE ORDER AND UNDERTAKINGS ARE CONTAINED IN THE APPENDIX.

   Secretary · NORFOLK SOUTHERN RAILWAY COMPANY--CONSOLIDATION OF OPERATIONS--CSX TRANSPORTATION, INC. · decision 36134
8. 1 Sep 2005 FD 34736
   PROVIDED NOTICE THAT WATCO COMPANIES, INC. FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF THE YELLOWSTONE VALLEY RAILROAD, INC. (YVRR), UPON YVRR'S BECOMING A CLASS III RAIL CARRIER.

   Director Of Proceedings · WATCO COMPANIES, INC.--CONTINUANCE IN CONTROL EXEMPTION--YELLOWSTONE VALLEY RAILROAD, INC. · decision 36094
9. 1 Sep 2005 FD 34737
   PROVIDES NOTICE THAT YELLOWSTONE VALLEY RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO LEASE TWO RAIL LINES FROM BNSF RAILWAY COMPANY LOCATED IN THE STATE OF MONTANA.

   Director Of Proceedings · YELLOWSTONE VALLEY RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--BNSF RAILWAY COMPANY · decision 36093
10. 31 Aug 2005 AB 290 (Sub-No. 238X)
    (1) EXTENDED THE NITU NEGOTIATING PERIOD UNTIL FEBRUARY 28, 2006 AND THE CONSUMMATION NOTICE FILING DEADLINE WILL BE EXTENDED UNTIL APRIL 29, 2006.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 36160
11. 31 Aug 2005 AB 682-X
    PROVIDED NOTICE THAT THE LOS ANGELES JUNCTION RAILWAY (LAJ) FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 0.46-MILE LINE OF RAILROAD BETWEEN LAJ MILEPOST 2.21 AND LAJ MILEPOST 2.67, IN MAYWOOD, LOS ANGELES COUNTY, CA.

    Director Of Proceedings · THE LOS ANGELES JUNCTION RAILWAY--ABANDONMENT EXEMPTION--IN LOS ANGELES COUNTY, CA · decision 36120
12. 30 Aug 2005 NOR 42088
    DECISION GRANTED A REQUEST TO MODIFY PROCEDURAL SCHEDULE SET BY THE BOARD'S MARCH 21, 2005, DECISION AND EXTENDED THE DUE DATE FOR REBUTTAL STATEMENTS UNTIL SEPTEMBER 30, 2005.

    Secretary · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · decision 36167
13. 30 Aug 2005 FD 34536
    REVISES THE BOARD'S DECISION SERVED ON AUGUST 23, 2005, IN THIS PROCEEDING.

    Secretary · INDIANA & OHIO CENTRAL RAILROAD, INC.-- ACQUISITION AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 36166
14. 30 Aug 2005 MCF 21008
    DECISION (1) GRANTED THE REQUEST OF COLORADO PUBLIC UTILITIES COMMISSION TO WAIVE THE FILING REQUIREMENT OF 49 CFR 1104.7(b), AND ITS MOTION TO MODIFY THE PROCEDURAL SCHEDULE, (2) EXTENDED THE DUE DATE FOR FILING A REPLY TO COLORADO MOUNTAIN EXPRESS' (CME'S) PETITION FOR DECLARATORY ORDER TO SEPTEMBER 9, 2005, AND (3) EXTENDED THE DUE DATE FOR CME'S REBUTTAL STATEMENT TO SEPTEMBER 30, 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 36154
15. 30 Aug 2005 AB 55 (Sub-No. 659X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALLEGANY COUNTY, MD · decision 36114
16. 30 Aug 2005 AB 290 (Sub-No. 264X)
    PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO DISCONTINUE SERVICE OVER A 9.8-MILE RAIL LINE BETWEEN MILEPOST SB-12.20 AT FOXVILLE AND MILEPOST SB-22.00 AT HASSKAMP, IN SUMTER COUNTY, SC.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--DISCONTINUANCE OF SERVICE--IN SUMTER COUNTY, SC · decision 36107
17. 30 Aug 2005 FD 34714
    PROVIDED NOTICE THAT ARKANSAS MIDLAND RAILROAD COMPANY, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41, ET SEQ., TO LEASE FROM UNION PACIFIC RAILROAD COMPANY (UP), AND OPERATE, UP'S: (1) CYPRESS BEND INDUSTRIAL LEAD, BETWEEN MILEPOST 407.5 AT MCGEHEE, AR, AND MILEPOST 399.7 AT CYPRESS BEND, AR; AND (2) POTLATCH SPUR, BETWEEN MILEPOST 0.0 (MILEPOST 399.7 ON THE CYPRESS BEND INDUSTRIAL LEAD), AND APPROXIMATELY MILEPOST 3.4 AT THE CONNECTION WITH THE INDUSTRIAL TRACKAGE OF POTLATCH CORPORATION'S CYPRESS BEND MILL, NEAR ARKANSAS CITY, AR, A TOTAL DISTANCE OF APPROXIMATELY 11.2 MILES.

    Director Of Proceedings · ARKANSAS MIDLAND RAILROAD COMPANY, INC.--LEASE AND OPERATION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 36084
18. 29 Aug 2005 NOR 42094
    DECISION EXTENDED THE DUE DATE FOR FORT WORTH & WESTERN RAILROAD COMPANY'S RESPONSE TO PCI TRANSPORTATION, INC.'S COMPLAINT TO SEPTEMBER 9, 2005.

    Secretary · PCI TRANSPORTATION, INC. V. FORT WORTH & WESTERN RAILROAD COMPANY · decision 36163
19. 29 Aug 2005 FD 34738
    DECISION ACCEPTING FOR CONSIDERATION THE PADUCAH & LOUISVILLE RAILWAY, INC. AND CSX TRANSPORTATION, INC. LINE ACQUISITION APPLICATION IN ADDITION TO TWO RELATED FILINGS BY EVANSVILLE WESTERN RAILWAY, INC. AND FOUR RIVERS TRANSPORTATION, INC. THE DECISION ALSO ESTABLISHES A PROCEDURAL SCHEDULE IN THIS PROCEEDING.

    Entire Board · PADUCAH & LOUISVILLE RAILWAY, INC.--ACQUISITION--CSX TRANSPORTATION, INC. · also entered in FD 34738 (Sub-No. 1), FD 34738 (Sub-No. 2) · decision 36104
20. 29 Aug 2005 FD 34608
    DECISION DIRECTS OHIO VALLEY RAILROAD COMPANY, MID-AMERICA LOCOMOTIVE & CAR REPAIR, INC., AND INDIANA SOUTHWESTERN RAILWAY TO APPEAR BEFORE THE BOARD ON SEPTEMBER 13, 2005.

    Secretary · OHIO VALLEY RAILROAD COMPANY--PETITION TO RESTORE SWITCH CONNECTION AND OTHER RELIEF · decision 36013