Week of 19 Sep 2005

Decisions served

1. 23 Sep 2005 FD 34762
   GRANTED THE REQUEST OF CSX TRANSPORTATION, INC. (CSXT) FOR WAIVER OF THE REQUIREMENT OF 49 CFR 1180.4(G) AND TO PERMIT THE NOTICE OF EXEMPTION TO BECOME EFFECTIVE SOONER SO THAT OPERATIONS UNDER THE AGREED-UPON ARRANGEMENT COULD COMMENCE NO LATER THAN SEPTEMBER 24, 2005. CSXT EXPLAINS THAT HURRICANE KATRINA DESTROYED OR SEVERELY DAMAGED SUBSTANTIAL PORTIONS OF ITS JACKSONVILLE, FL, TO NEW ORLEANS, LA MAIN LINE BETWEEN PASCAGOULA, MS, AND NEW ORLEANS.

   Entire Board · CSX TRANSPORTATION, INC.-TEMPORARY TRACKAGE RIGHTS EXEMPTION-ALABAMA GREAT SOUTHERN RAILROAD COMPANY · decision 36263
2. 23 Sep 2005 AB 1067-X
   DECISION REJECTED GENERAL RAILWAY CORPORATION D/B/A IOWA NORTHWESTERN RAILROAD'S VERIFIED NOTICE OF EXEMPTION FILED UNDER 49 CFR 1152 SUBPART F TO ABANDON 17.05-MILES OF TRACK IN OSCEOLA AND DICKINSON COUNTIES, IA.

   Director Of Proceedings · GENERAL RAILWAY CORPORATION D/B/A IOWA NORTHWESTERN RAILROAD-ABANDONMENT EXEMPTION-IN OSCEOLA AND DICKINSON COUNTIES, IA · decision 36258
3. 23 Sep 2005 AB 55 (Sub-No. 659X)
   DECISION ACCEPTED WMS, LLC'S LATE-FILED NOTICE OF INTENT TO FILE AN OFFER OF FINANCIAL ASSISTANCE AND EXTENDED THE DUE DATE TO OCTOBER 21, 2005.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALLEGANY COUNTY, MD · decision 36222
4. 23 Sep 2005 AB 43 (Sub-No. 176X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · ILLINOIS CENTRAL RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN RANKIN COUNTY, MS · decision 36183
5. 23 Sep 2005 FD 34744
   PROVIDED NOTICE THAT R. J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES INC. (RJCP) FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1180.2(D)(3). THE EXEMPTION INVOLVES WHAT RJCP DESCRIBES AS A CORPORATE FAMILY TRANSACTION WHEREBY R.J. CORMAN RAILROAD PROPERTY, LLC (RAILROAD PROPERTY) WILL LEASE TO RJCP AND RJCP WILL OPERATE A LINE OF RAILROAD, KNOWN AS THE LOUP CREEK BRANCH, EXTENDING FROM MILEPOST 0.0 AT THURMOND, WV, TO MILEPOST 12.0 AT MT. HOPE, WV, A DISTANCE OF APPROXIMATELY 12 MILES.

   Director Of Proceedings · R. J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES INC.-LEASE AND OPERATION WITHIN A CORPORATE FAMILY TRANSACTION EXEMPTION-R.J. CORMAN RAILROAD PROPERTY, LLC · decision 36169
6. 23 Sep 2005 FD 34749
   PROVIDED NOTICE THAT GULF & OHIO RAILWAYS HOLDING CO., INC., AND H. PETER CLAUSSEN AND LINDA C. CLAUSSEN HAVE FILED FOR EXEMPTION TO CONTINUE CONTROL OF MOREHEAD & SOUTH FORK RAILROAD CO., INC.

   Director Of Proceedings · GULF & OHIO RAILWAYS HOLDING CO., INC., H. PETTER CLAUSSEN AND LINDA C. CLAUSSEN-- CONTINUANCE INCONTROL EXEMPTION--MOREHEAD & SOUTH FORK RAILROAD CO., INC. · decision 36156
7. 23 Sep 2005 FD 34748
   PROVIDED NOTICE THAT MOREHEAD & SOUTH FORK RAILROAD CO., INC. FILED FOR EXEMPTION TO ACQUIRE AND OPERATE CAROLINA RAIL SERVICES, LLC'S EXCLUSIVE FREIGHT EASEMENT OVER ALL RAILROAD TRACKS AT THE PORT OF MOREHEAD CITY, NC.

   Director Of Proceedings · MOREHEAD & SOUTH FORK RAILROAD CO., INC. -ACQUISITION AND OPERATION EXEMPTION--CAROLINA RAIL SERVICE, LLC · decision 36155
8. 23 Sep 2005 FD 34741
   PROVIDED NOTICE THAT KWT RAILWAY, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE AND OPERATE APPROXIMATELY ONE MILE OF RAIL LINE. THE LINE IS BEING LEASED FROM MURRAY-CALLOWAY COUNTY ECONOMIC DEVELOPMENT CORPORATION AND RUNS BETWEEN MILEPOST 38.34 AND APPROXIMATELY MILEPOST 37.34 NEAR MURRAY, IN CALLOWAY COUNTY, KY.

   Director Of Proceedings · KWT RAILWAY, INC.-LEASE AND OPERATION EXEMPTION-MURRAY-CALLOWAY COUNTY ECONOMIC DEVELOPMENT CORPORATION · decision 36153
9. 22 Sep 2005 AB 857-X
   DECISION GRANTED GREAT WESTERN RAILWAY OF COLORADO, LLC'S REQUEST TO EXTEND THE INTERIM TRAIL USE PERIOD UNTIL MARCH 28, 2006.

   Director Of Proceedings · GREAT WESTERN RAILWAY OF COLORADO, LLC.--ABANDONMENT EXEMPTION--IN WELD COUNTY, CO · decision 36221
10. 22 Sep 2005 AB 55 (Sub-No. 661X)
    PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED FOR EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 15.12-MILE LINE PORTION OF ITS RAILROAD ON THE SOUTHERN REGION IN RALEIGH COUNTY, WV.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN RALEIGH COUNTY, WV · decision 36194
11. 22 Sep 2005 FD 34694 (Sub-No. 1)
    GRANTED UNION PACIFIC RAILROAD COMPANY'S REQUEST FOR PARTIAL REVOCATION OF THE CLASS EXEMPTION TO PERMIT THE TRACKAGE RIGHTS ARRANGEMENT EXEMPTED IN STB FINANCE DOCKET NO. 34694 TO EXPIRE ON OR ABOUT DECEMBER 31, 2005.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 35837
12. 21 Sep 2005 FD 34738
    PROVIDED NOTICE THAT ACTIVELY PARTICIPATING PARTIES OF RECORD MUST SERVE COPIES OF ALL FILINGS SUBMITTED THUS FAR IN THIS PROCEEDING WITHIN 10 DAYS OF THE SERVICE DATE. THE SERVICE LIST IS ATTACHED TO THIS DECISION.

    Secretary · PADUCAH & LOUISVILLE RAILWAY, INC.--ACQUISITION--CSX TRANSPORTATION, INC. · also entered in FD 34738 (Sub-No. 1), FD 34738 (Sub-No. 2) · decision 36257
13. 21 Sep 2005 AB 33 (Sub-No. 208X)
    GRANTED THE REQUEST OF NEBRASKA TRAILS FOUNDATION, INC. TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 90 DAYS TO DECEMBER 8, 2005.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARSHALL COUNTY, KAN. · decision 36255
14. 21 Sep 2005 FD 34731
    (1) GRANTED THE MOTION FOR A PROTECTIVE ORDER AND ADOPTED THE PROTECTIVE ORDER AND UNDERTAKING IN THE APPENDIX TO THIS DECISION; AND (2) ORDERED THAT THE UNREDACTED TRACKAGE RIGHTS AGREEMENT SUBMITTED IN STB FINANCE DOCKET NO. 34731 TO BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC, UNLESS THE ATTACHED UNDERTAKING IS EXECUTED AND THE TERMS OF THE PROTECTIVE ORDER ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

    Secretary · NITTANY AND BALD EAGLE RAILROAD COMPANY-TEMPORARY TRACKAGE RIGHTS EXEMPTION-NORFOLK SOUTHERN RAILWAY COMPANY · decision 36218
15. 21 Sep 2005 AB 33 (Sub-No. 218X)
    GRANTED THE REQUEST OF NORTH IDAHO CENTENNIAL TRAIL FOUNDATION TO EXTEND THE NITU NEGOTIATION PERIOD FOR AN ADDITIONAL 12 MONTHS TO SEPTEMBER 10, 2006.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN KOOTENAI COUNTY, ID · decision 36209
16. 21 Sep 2005 FD 34746
    NOTICE THAT KANSAS & OKLAHOMA RAILROAD, INC. FILED FOR EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE RAIL LINES FROM UNION PACIFIC RAILROAD COMPANY IN NEWTON AND MCPHERSON, KS.

    Director Of Proceedings · KANSAS & OKLAHOMA RAILROAD, INC.--ACQUISITION EXEMPTION--RAIL LINE OF UNION PACIFIC RAILROAD COMPANY · decision 36149
17. 20 Sep 2005 EP 290 (Sub-No. 5)
    APPROVED THE FOURTH QUARTER 2005 RAIL COST ADJUSTMENT FACTOR (RCAF) AND COST INDEX FILED BY THE ASSOCIATION OF AMERICAN RAILROADS. THE FOURTH QUARTER 2005 RCAF (UNADJUSTED) IS 1.185. THE FOURTH QUARTER 2005 RCAF (ADJUSTED) IS 0.572. THE FOURTH QUARTER 2005 RCAF-5 IS O.548.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 36202
18. 20 Sep 2005 AB 43 (Sub-No. 176X)
    PROVIDED NOTICE THAT ILLINOIS CENTRAL RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 1.52-MILE LINE OF RAILROAD, ON ITS FLOWOOD TRACKAGE, BETWEEN MILEPOST 70.20 AND MILEPOST 71.72, IN FLOWOOD, RANKIN COUNTY, MS.

    Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN RANKIN COUNTY, MS · decision 36187
19. 20 Sep 2005 AB 477 (Sub-No. 3X)
    DECISION REOPENED THE PROCEEDING AND GRANTED BROWNS, GRAYVILLE & POSEYVILLE RAILWAY COMPANY'S PETITION TO VACATE THE INTERIM TRAIL USE ISSUED ON FEBRUARY 25, 1998, SO THAT RAIL SERVICE CAN BE RESTORED.

    Director Of Proceedings · OWENSVILLE TERMINAL COMPANY, INC.--ABANDONMENT EXEMPTION--IN EDWARDS AND WHITE COUNTIES, IL, AND GIBSON AND POSEY COUNTIES, IN · decision 36174
20. 20 Sep 2005 FD 34750
    PROVIDED NOTICE THAT BROWNS, GRAYVILLE & POSEYVILLE RAILWAY COMPANY FILED A VERIFIED NOTICE OF EXEMPTION UNDER CFR 1150.31 TO ACQUIRE AND OPERATE APPROXIMATELY 22.5 MILES OF RAIL LINE OWNED BY OWENSVILLE TERMINAL COMPANY, INC. IN EDWARDS AND WHITE COUNTIES, IL, AND GIBSON AND POSEY COUNTIES, IN. THE LINE RUNS BETWEEN MILEPOST 205.0 AT OR NEAR BROWNS, IL, AND MILEPOST 227.5 AT OR NEAR POSEYVILLE, IN.

    Director Of Proceedings · BROWNS, GRAYVILLE & POSEYVILLE RAILWAY COMPANY--ACQUISITION AND OPERATION EXEMPTION--OWENSVILLE TERMINAL COMPANY, INC. · decision 36168
21. 20 Sep 2005 FD 34690
    GRANTED THE REQUEST OF NEW HAVEN NATIONAL RAIL TERMINAL TRANSPORTATION COMPANY FOR WITHDRAWAL AND DISMISSED WITHOUT PREJUDICE THE EXEMPTION NOTICE FILED JUNE 8, 2005.

    Secretary · 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 35955
22. 19 Sep 2005 AB 6 (Sub-No. 429X)
    DECISION REOPENED THE PROCEEDING AND REMOVED THE PREVIOUSLY IMPOSED HISTORIC PRESERVATION CONDITION ESTABLISHED BY THE SEPTEMBER 8, 2005 NOTICE AND DECISION.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN RAMSEY COUNTY, MINN. · decision 36242
23. 19 Sep 2005 FD 34527
    DECISION GRANTED A JOINT REQUEST TO MODIFY THE PROCEDURAL SCHEDULE PROPOSED BY MAUMEE & WESTERN RAILROAD COMPANY, RMW VENTURES LLC, AND CSX TRANSPORATION, INC.

    Secretary · MAUMEE & WESTERN RAILROAD COMPANY AND RMW VENTURES LLC-PETITION FOR DECLARATORY ORDER-CSX TRANSPORTATION, INC. CROSSING RIGHTS AT DEFIANCE, OH · decision 36230
24. 19 Sep 2005 AB 290 (Sub-No. 257X)
    GRANTED THE REQUEST OF INDIANA TRAILS FUND, INC. TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS TO FEBRUARY 13, 2006.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BLACKFORD COUNTY, IN · decision 36210
25. 19 Sep 2005 FD 34732
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF), PURSUANT TO A MODIFIED WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN BNSF AND UNION PACIFIC RAILROAD COMPANY (UP), SUBMITS THIS VERIFIED NOTICE FOR AN EXEMPTION OF THE MODIFIED WRITTEN TRACKAGE RIGHTS AGREEMENT GOVERNING UP'S EXISTING OVERHEAD TRACKAGE RIGHTS OVER BNSF'S LINE OF RAILROAD BETWEEN MP 365.85 AT UP JCT., WA, AND MP 365.14 AT FISH LAKE, WA, APPROXIMATELY 0.70 MILES, ON BNSF'S SPOKANE SUBDIVISION (THE JOINT TRACKAGE).

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 36185