Week of 14 Nov 2005

Decisions served

1. 18 Nov 2005 AB 314 (Sub-No. 3X)
   FOUND THAT ABANDONMENT OF THE INVOLVED RAIL LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

   Director Of Proceedings · CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN LINN COUNTY, IA · decision 36420
2. 18 Nov 2005 FD 34769
   PROVIDED NOTICE THAT MODOC RAILWAY AND LAND COMPANY FILED FOR EXEMPTION TO ACQUIRE BY LEASE WITH AN OPTION TO PURCHASE 107.15-MILES OF RAIL LINES FROM UNION PACIFIC RAILROAD COMPANY.

   Director Of Proceedings · MODOC RAILWAY AND LAND COMPANY LLC-ACQUISTION EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 36377
3. 18 Nov 2005 FD 34768
   PROVIDED NOTICE THAT MODOC NORTHERN RAILROAD COMPANY FILED AN EXEMPTION TO OPERATE APPROXIMATELY 107.15 MILES OF RAIL LINES TO BE ACQUIRED BY LEASE FROM UNION PACIFIC RAILROAD COMPANY.

   Director Of Proceedings · MODOC NORTHERN RAILROAD COMPANY- OPERATION EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 36376
4. 18 Nov 2005 FD 34722
   PROVIDED NOTICE THAT BETH A. BLANSETT AND WILLIAM D. BLANSETT FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF MODOC RAILWAY AND LAND COMPANY LLC (MR&L) AND MODOC NORTHERN RAILROAD COMPANY (MNRR), UPON THEIR BECOMING CLASS III RAIL CARRIER. THE BLANSETTS CURRENTLY CONTROL UTAH CENTRAL RAILWAY COMPANY, A CLASS III RAIL CARRIER. MR&L ALSO IS INVOKING THE CLASS EXEMPTION TO CONTROL MNRR, WHEN BOTH BECOME RAIL CARRIERS.

   Director Of Proceedings · BETH A. BLANSETT, WILLIAM D. BLANSETT, AND MODOC RAILWAY AND LAND COMPANY LLC-CONTINUANCE IN CONTROL EXEMPTION · decision 36375
5. 18 Nov 2005 FD 34738
   DECISION (1) APPROVED, SUBJECT TO LABOR PROTECTIVE CONDITIONS, THE ACQUISITION, BY PADUCAH & LOUISVILLE RAILWAY, INC. (P&L), OF A RAIL LINE OWNED BY CSX TRANSPORTATION, INC.; (2) AUTHORIZED THROUGH EXEMPTION THE TRANSFER OF THAT LINE FROM P&L TO EVANSVILLE WESTERN RAILWAY, INC. (EVWR); AND (3) AUTHORIZED THROUGH EXEMPTION, SUBJECT TO LABOR PROTECTIVE CONDITIONS, THE CONTINUANCE IN CONTROL OF EVWR BY P&L, AND THE CONTINUANCE IN CONTROL OF P&L AND EVWR BY FOUR RIVERS TRANSPORTATION, INC.

   Entire Board · PADUCAH & LOUISVILLE RAILWAY, INC.--ACQUISITION--CSX TRANSPORTATION, INC. · also entered in FD 34738 (Sub-No. 1), FD 34738 (Sub-No. 2) · decision 36342
6. 18 Nov 2005 FD 34337
   DECISION GRANTED CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY'S MOTION TO DISMISS ITS NOTICE OF EXEMPTION AND DISCONTINUED THIS PROCEEDING.

   Entire Board · MICHAEL H. MEYER, TRUSTEE IN BANKRUPTCY FOR CALIFORNIA WESTERN RAILROAD, INC. V. NORTH COAST RAILROAD AUTHORITY, D/B/A NORTHWESTERN PACIFIC RAILROAD · decision 36331
7. 18 Nov 2005 AB 878
   DECISION DENIED PIONEER INDUSTRIAL RAILWAY COMPANY'S REQUEST TO HOLD ITS PETITION TO REOPEN THIS PROCEEDING IN ABEYANCE AND DENIED ITS PETITION TO REOPEN FOR IMMEDIATE MODIFICATION OR CLARIFICATION.

   Entire Board · CITY OF PEORIA AND THE VILLAGE OF PEORIA HEIGHTS, IL--ADVERSE DISCONTINUANCE--PIONEER INDUSTRIAL RAILWAY COMPANY · decision 36309
8. 18 Nov 2005 AB 862-X
   (1) REVOKED THE CONDITIONAL ABANDONMENT AUTHORITY GRANTED IN THE OCTOBER 24, 2004 DECISION; AND (2) GRANTED TWIN STATE RAILROAD COMPANY AUTHORITY TO DISCONTINUE OPERATIONS OVER THE LINE, SUBJECT TO THE CONDITIONS IMPOSED PREVIOUSLY IN THIS PROCEEDING.

   Entire Board · TWIN STATE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CALEDONIA AND ESSEX COUNTIES, VT · decision 36294
9. 18 Nov 2005 FD 34734
   DECISION (1) REJECTS THE NOTICE AS INAPPROPRIATE FOR CONSIDERATION UNDER THE CLASS EXEMPTION AT 49 CFR 1150.31, IN STB FINANCE DOCKET NO. 34734; AND (2) REJECTS, AS MOOT, THE NOTICE OF THE CONTINUANCE-IN-CONTROL EXEMPTION IN STB FINANCE DOCKET NO. 34735.

   Entire Board · NORTHEAST INTERCHANGE RAILWAY, LLC--LEASE AND OPERATION EXEMPTION--LINE IN CROTON-ON-HUDSON, NY · also entered in FD 34735 · decision 36278
10. 18 Nov 2005 FD 34747
    GRANTED A MOTION TO DISMISS A NOTICE OF EXEMPTION AND DISCONTINUED THIS PROCEEDING.

    Entire Board · CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY-ACQUISITION EXEMPTION-BNSF RAILWAY COMPANY · decision 36179
11. 18 Nov 2005 FD 28676 (Sub-No. 5)
    DECISION DENIES AN APPEAL TO REVIEW THE RINALDO AWARD ENTERED IN THE NEW YORK DOCK BENEFITS ARBITRATION PROCEEDING. IN ADDITION, THE CANADIAN NATIONAL RAILWAY COMPANY'S (CN) AND GRAND TRUNK WESTERN RAILROAD'S (GTW) REQUESTS TO STRIKE ADDITIONAL PLEADINGS ARE DENIED AND CN/GTW'S REPLIES TO THE PLEADINGS ARE ACCEPTED.

    Entire Board · GRAND TRUNK WESTERN RAILROAD--CONTROL--DETROIT, TOLEDO AND IRONTON RAILROAD COMPANY AND DETROIT AND TOLEDO SHORE LINE RAILROAD COMPANY (ARBITRATION REVIEW) · decision 36087
12. 18 Nov 2005 FD 34540
    DENIED PETITIONS FILED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS & TRAINMEN AND THE UNITED TRANSPORTATION UNION (JOINTLY PETITIONERS) SEEKING TO REVOKE THE EXEMPTION AUTHORIZED IN THIS PROCEEDING.

    Entire Board · THE COLUMBUS & OHIO RIVER RAIL ROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION-- RAIL LINES OF CSX TRANSPORTATION, INC. · decision 35251
13. 17 Nov 2005 AB 33 (Sub-No. 232X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED THREE CONDITIONS RECOMMENDED BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS IN THE ENVIRONMENTAL ASSESSMENT.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN ORANGE COUNTY, CA · decision 36356
14. 16 Nov 2005 AB 654-X
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) AND BROWNSVILLE & RIO GRANDE INTERNATIONAL RAILROAD COMPANY (B&RG) FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F FOR UP TO ABANDON, AND FOR B&RG TO DISCONTINUE SERVICE OVER, 2.2 MILES OF RAILROAD BETWEEN MILEPOST 0.00, NEAR UP MAIN SWITCH, AND MILEPOST 2.20, NEAR ARTHUR STREET, IN CAMERON COUNTY, TX.

    Director Of Proceedings · BROWNSVILLE & RIO GRANDE INTERNATIONAL RAILROAD COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN CAMERON COUNTY, TX · also entered in AB 33 (Sub-No. 226X) · decision 36391
15. 15 Nov 2005 AB 878
    PROVIDED NOTICE THAT THE VOTING CONFERENCE SCHEDULED FOR NOVEMBER 16, 2005, AT 2:00 P.M. HAS BEEN CANCELLED DUE TO THE ILLNESS AND RESULTING UNAVAILABILITY OF CHAIRMAN NOBER.

    Secretary · CITY OF PEORIA AND THE VILLAGE OF PEORIA HEIGHTS, IL--ADVERSE DISCONTINUANCE--PIONEER INDUSTRIAL RAILWAY COMPANY · also entered in EP 333, FD 34337, FD 34540, FD 34734, FD 34738, FD 34747, WCC 101, AB 862-X, FD 34738 (Sub-No. 1), FD 34738 (Sub-No. 2), FD 28676 (Sub-No. 5), EP 552 (Sub-No. 9) · decision 36413
16. 15 Nov 2005 AB 490 (Sub-No. 1X)
    (1) GRANTED THE REQUEST FOR GREENVILLE COUNTY ECONOMIC DEVELOPMENT CORPORATION AND WESTERN CAROLINA RAILWAY SERVICE CORPORATION FOR THE BOARD TO EXTEND THE DUE DATE FOR A REQUEST TO SET TERMS AND CONDITIONS FOR AN ADDITIONAL 90 DAYS UNTIL FEBRUARY 14, 2006.

    Director Of Proceedings · GREENVILLE COUNTY ECONOMIC DEVELOPMENT CORPORATION--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN GREENVILLE COUNTY, S.C. · decision 36409
17. 15 Nov 2005 NOR 42088
    (1) GRANTED WESTERN FUELS ASSOCIATION, INC.'S REQUEST FOR AN EXTENSION OF THE DUE DATE FOR BRIEFS IN THIS PROCEEDING; AND (2) ORDERED THAT THE BRIEFS ARE DUE BY DECEMBER 6, 2005 AND NOT TO EXCEED 25 PAGES IN LENGTH.

    Secretary · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · decision 36408
18. 15 Nov 2005 AB 167 (Sub-No. 1186X)
    DECISION REOPENED THIS PROCEEDING AND IMPOSED AN ENVIRONMENTAL CONDITION RECOMMENDED BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN CUMBERLAND COUNTY, NJ · decision 36373
19. 14 Nov 2005 WCC 101
    PROVIDED INSTRUCTIONS AND GUIDELINES FOR PARTICIPATION IN ORAL ARGUMENT THAT IS SCHEDULED FOR NOVEMBER 16, 2005.

    Secretary · GOVERNMENT OF THE TERRITORY OF GUAM V. SEA-LAND SERVICE, INC., AMERICAN PRESIDENT LINES, LTD., AND MATSON NAVIGATION COMPANY, INC. · decision 36403