Week of 12 Sep 2005

Decisions served

1. 16 Sep 2005 AB 980-X
   PROVIDED NOTICE THAT SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (SCVTA), FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903. SCVTA SEEKS TO ABANDON ALL COMMON CARRIER OBLIGATIONS OVER A 1.19-MILE LINE OF RAILROAD, EXTENDING FROM MILEPOST 16.30 TO MILEPOST 17.49 IN SANTA CLARA COUNTY, CA (INDUSTRIAL LINE), AND A 2.77-MILE LINE OF RAILROAD, EXTENDING FROM MILEPOST 2.61 NEAR PASEO PADRE DRIVE TO MILEPOST 5.38 NEAR GRIMMER BOULEVARD IN AND NEAR FREMONT, ALAMEDA COUNTY, CA (MILPITAS LINE).

   Director Of Proceedings · SANTA CLARA VALLEY TRANSPORTATION AUTHORITY--ABANODNMENT EXEMPTION--IN SANTA CLARA AND ALAMEDA COUNTIES, CA · decision 36180
2. 16 Sep 2005 FD 34745
   PROVIDED NOTICE THAT PENN EASTERN RAIL LINES, INC. FILED A NOTICE OF EXEMPTION TO OPERATE AS A RAIL COMMON CARRIER ON THE TRACK KNOWN AS BENSALEM BRANCH IN PA.

   Director Of Proceedings · PENN EASTERN RAILWAYS, INC.--OPERATION EXEMPTION-EXPRESSWAY 95 INDUSTRIAL PARK · decision 36142
3. 15 Sep 2005 AB 290 (Sub-No. 259X)
   (1) GRANTED THE PARTIES REQUEST TO EXTEND THE TIME PERIOD FOR EITHER PARTY TO REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF A PURCHASE; AND (2) ADVISED NATIONAL COAL CORPORATION 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 30, 2005.

   Director Of Proceedings · TENNESSEE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND CAMPBELL COUNTIES, TN · also entered in AB 290 (Sub-No. 260X) · decision 36227
4. 15 Sep 2005 WCC 101
   (1) RESOLVED THE SHOW CAUSE ORDER ISSUED IN THIS PROCEEDING; (2) ORDERED THAT PHASE II OF THIS COMPLAINT WILL CONTINUE; THE BOARD, IN A SEPARATE DECISION, WILL SET A DATE FOR ORAL ARGUMENT; AND (3) GRANTED GOVERNMENT OF THE TERRITORY OF GUAM'S MOTION TO STRIKE PORTIONS OF MATSON NAVIGATION COMPANY, INC.'S REPLY.

   Entire Board · GOVERNMENT OF THE TERRITORY OF GUAM V. SEA-LAND SERVICE, INC., AMERICAN PRESIDENT LINES, LTD., AND MATSON NAVIGATION COMPANY, INC. · decision 36165
5. 15 Sep 2005 AB 55 (Sub-No. 658X)
   PROVIDED NOTICE THAT CSX, TRANSPORTATION, INC. FILED FOR EXEMPTION UNDER 49 U.S.C. 10903 TO ABANDON A 0.85-MILE PORTION OF ITS SOUTHERN REGION IN HALL COUNTY, GA.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN HALL COUNTY, GA · decision 36157
6. 15 Sep 2005 FD 34746
   DECISION GRANTED KANSAS & OKLAHOMA RAILROAD COMPANY, INC.'S REQUEST FOR A WAIVER OF NOTICE REQUIREMENTS UNDER 49 CFR 1150.42(E).

   Entire Board · KANSAS & OKLAHOMA RAILROAD, INC.--ACQUISITION EXEMPTION--RAIL LINE OF UNION PACIFIC RAILROAD COMPANY · decision 36148
7. 15 Sep 2005 AB 441 (Sub-No. 4X)
   DENIED: (1) THE PETITION OF SAN PEDRO RAILROAD OPERATING COMPANY, LLC TO ABANDON APPROXIMATELY 76.2 MILES OF RAILROAD LINE COCHISE IN COCHISE COUNTY, AZ; AND (2) CHEMICAL LIME COMPANY'S MOTION TO STRIKE AS MOOT.

   Entire Board · SAN PEDRO OPERATING COMPANY, LLC--ABANDONMENT EXEMPTION-- IN COCHISE COUNTY,AZ · decision 36109
8. 15 Sep 2005 AB 976-X
   DECISION GRANTED A PETITION FOR EXEMPTION FROM PITTSBURG & SHAWMUT RAILROAD, LLC FOR PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON 40.0-MILES OF RAIL IN ARMSTRONG AND JEFFERSON COUNTIES, PA.

   Entire Board · PITTSBURG & SHAWMUT RAILROAD, LLC--ABANDONMENT EXEMPTION--IN ARMSTRONG AND JEFFERSON COUNTIES, PA · decision 36037
9. 15 Sep 2005 AB 600
   DENIED: (1) KERSHAW SUNNYSIDE RANCHES, INC.'S, PETITION FOR RECONSIDERATION AND CLARIFICATION; AND (2) LEVEL 3 COMMUNICATIONS, L.L.C.'S REQUEST FOR SANCTIONS.

   Entire Board · YAKIMA INTERURBAN LINES ASSOCIATION--ADVERSE ABANDONMENT--IN YAKIMA COUNTY, WA · decision 35592
10. 15 Sep 2005 FD 34505
    DECISION DENIES UNITED TRANSPORTATION UNION'S PETITION TO REVOKE EAST BROOKFIELD & SPENCER RAILROAD, LLC'S NOTICE OF EXEMPTION.

    Entire Board · EAST BROOKFIELD & SPENCER RAILROAD, LLC--LEASE AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 35307
11. 14 Sep 2005 EP 658
    NOTICE THAT A PUBLIC HEARING TO PROVIDE A FORUM FOR THE EXPRESSION OF VIEWS ON THE IMPACT, EFFECTIVENESS, AND FUTURE OF THE STAGGERS ACT WILL BE HELD AT THE SURFACE TRANSPORTATION BOARD IN WASHINGTON, DC, BEGINNING AT 10:00 A.M. ON WEDNESDAY, OCTOBER 19, 2005.

    Secretary · THE 25TH ANNIVERSARY OF THE STAGGERS RAIL ACT OF 1980: A REVIEW AND LOOK AHEAD · decision 36226
12. 14 Sep 2005 AB 33 (Sub-No. 202X)
    GRANTED THE REQUEST OF IOWA TRAILS COUNCIL TO EXTEND THE NITU NEGOTIATING PERIOD FOR A PORTION OF THE LINE EXTENDING FROM MILEPOST 173.90 NEAR SHEFIELD, IA, TO MILEPOST 178.0 NEAR CHAPIN, IA, UNTIL MARCH 15, 2006.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, IA · decision 36197
13. 14 Sep 2005 AB 33 (Sub-No. 200X)
    GRANTED THE REQUEST OF IOWA TRAILS COUNCIL TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 6 MONTHS UNTIL MARCH 15, 2006.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN AND BUTLER COUNTIES, IA · decision 36196
14. 13 Sep 2005 AB 547-X
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE NATIONAL GEODETIC SURVEY AND SECTION 106 HISTORIC PRESERVATION CONDITIONS IMPOSED IN THE OCTOBER 1998 DECISION.

    Director Of Proceedings · ROARING FORK RAILROAD HOLDING AUTHORITY--ABANDONMENT EXEMPTION--IN GARFIELD, EAGLE AND PITKIN COUNTIES, CO · decision 36206
15. 13 Sep 2005 AB 33 (Sub-No. 201X)
    GRANTED THE REQUEST OF IOWA TRAILS COUNCIL TO EXTEND THE NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS TO FEBRUARY 28, 2006.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, IA · decision 36193
16. 13 Sep 2005 AB 55 (Sub-No. 656X)
    DECISION CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT ON THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MARION COUNTY, W. VA. · decision 36145
17. 12 Sep 2005 FD 32299 (Sub-No. 1)
    DECISION ESTABLISHED THE DATES FOR FILING COMMENTS AND RESPONSES TO THE JOINT PETITION OF CSX TRANSPORTATION, INC. AND NORFOLK SOUTHERN RAILWAY COMPANY TO MODIFY SWITCHING RESPONSIBILITIES FOR BOTH CARRIERS IN NEWBERRY, SC.

    Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--CONSOLIDATION OF OPERATIONS--CSX TRANSPORTATION, INC. · decision 36133