Week of 30 Jan 2006

Decisions served

1. 3 Feb 2006 FD 34822
   GRANTED THE JOINT MOTION FOR A PROTECTIVE ORDER, AND THE UNREDACTED AGREEMENTS SHALL BE SUBJECT TO THE PROTECTIVE ORDER AND UNDERTAKINGS CONTAINED IN THE APPENDIX TO THIS DECISION.

   Secretary · KANSAS CITY SOUTHERN, THE KANSAS CITY SOUTHERN RAILWAY COMPANY, AND MERIDIAN SPEEDWAY LLC-EXEMPTION FOR TRANSACTIONS WITHIN A CORPORATE FAMILY · also entered in FD 34823 · decision 36678
2. 3 Feb 2006 FD 34823
   PROVIDED NOTICE THAT MERIDIAN SPEEDWAY LLC (MSLLC) HAS AGREED TO GRANT LOCAL AND OVERHEAD TRACKAGE RIGHTS TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY (KCSR) TO PERMIT KCSR TO OPERATE OVER A LINE OF RAILROAD BEING TRANSFERRED TO MSLLC. THE TRACKAGE RIGHTS EXTEND OVER THIS LINE BETWEEN MILEPOST 0.0 AT MERIDIAN, MS, AND MILEPOST 95.26+ AT JACKSON, MS, AND BETWEEN MILEPOST 95.7+ AT JACKSON, MS, AND MILEPOST V-169.85+ AT SHREVEPORT, LA, A TOTAL DISTANCE OF APPROXIMATELY 320 MILES.

   Director Of Proceedings · THE KANSAS CITY SOUTHERN RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-MERIDIAN SPEEDWAY, LLC · decision 36677
3. 3 Feb 2006 FD 34821
   --

   Secretary · NORFOLK SOUTHERN RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-MERIDIAN SPEEDWAY LLC-BETWEEN MERIDIAN, MS AND SHREVEPORT, LA · decision 36675
4. 3 Feb 2006 FD 34821
   PROVIDED NOTICE THAT MERIDIAN SPEEDWAY LLC (MSLLC) HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO NORFOLK SOUTHERN RAILWAY COMPANY (NSR) TO PERMIT NSR TO OPERATE OVER A LINE OF RAILROAD BEING TRANSFERRED TO MSLLC. THE TRACKAGE RIGHTS EXTEND OVER THIS LINE BETWEEN MILEPOST 0.0 AT MERIDIAN, MS, AND MILEPOST 95.26+ AT JACKSON, MS, AND BETWEEN MILEPOST 95.7 + AT JACKSON, MS, AND MILEPOST v-169.85 + AT SHREVEPORT, LA, A TOTAL DISTANCE OF APPROXIMATELY 320 MILES.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-MERIDIAN SPEEDWAY LLC-BETWEEN MERIDIAN, MS AND SHREVEPORT, LA · decision 36674
5. 3 Feb 2006 FD 34775
   PROVIDED NOTICE THAT RICHARD J. CORMAN AND R.J. CORMAN RAILROAD GROUP, LLC FILED AN EXEMPTION TO CONTINUE CONTROL OF R.J. CORMAN RAILROAD COMPANY/TENNESSEE TERMINAL, LLC.

   Director Of Proceedings · RICHARD J. CORMAN AND R.J. CORMAN RAILROAD GROUP, LLC-CONTINUANCE IN CONTROL-R.J.CORMAN RAILROAD COMPANY/TENNESSEE TERMINAL, LLC · decision 36636
6. 3 Feb 2006 FD 34772
   PROVIDED NOTICE THAT R.J. CORMAM RAILROAD COMPANY/TENNESSEE TERMINAL, LLC FILED AN EXEMPTION TO LEASE 46.7--MILES OF RAIL LINE FROM BNSF RAILWAY COMPANY.

   Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/TENNESSEE TERMINAL, LLC-LEASE AND OPERATION EXEMPTION-BNSF RAILWAY COMPANY · decision 36635
7. 3 Feb 2006 AB 1081-X
   GRANTED SAN PEDRO RAILROAD OPERATING COMPANY, LLC AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON APPROXIMATELY 76.2 MILES OF RAILROAD LINE IN COCHISE COUNTY, AZ, SUBJECT TO ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · SAN PEDRO RAILROAD OPERATING COMPANY, LLC--ABANDONMENT EXEMPTION--IN COCHISE COUNTY, ARIZ. · decision 36543
8. 2 Feb 2006 AB 57 (Sub-No. 55X)
   DECISION GRANTED THE REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL MAY 4, 2006.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MILWAUKEE COUNTY, WI · decision 36706
9. 2 Feb 2006 FD 34783
   PROVIDED NOTICE OF THE SERVICE LIST THAT HAS BEEN COMPLIED FROM THE NOTICES OF INTENT TO PARTICIPATE FILED WITH THE BOARD IN ACCORDANCE WITH THE PROCEDURAL SCHEDULE SET FORTH IN THIS PROCEEDING AS DESCRIBED IN DECISION NO. 2, SERVED JANUARY 13, 2006, AND PUBLISHED THE SAME DAY IN THE FEDERAL REGISTER AT 71 FR 12694.

   Secretary · THE INDIANA RAILROAD COMPANY-ACQUISITION-SOO LINE RAILROAD COMPANY · decision 36705
10. 2 Feb 2006 AB 6 (Sub-No. 436X)
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY HAS FILED AN EXEMPTION TO ABANDON A 0.11-MILE OF RAILROAD IN WY.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN PARK COUNTY, WY · decision 36666
11. 2 Feb 2006 AB 290 (Sub-No. 265X)
    PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED AN EXEMPTION TO ABANDON A 5.8-MILE LINE OF RAILROAD IN AL.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN CALHOUN COUNTY, AL · decision 36658
12. 1 Feb 2006 FD 34667
    DECISION GRANTED THE REQUEST TO WITHDRAW THE INSTANT APPLICATION AND DISMISSED THIS PROCEEDING.

    Secretary · BNSF RAILWAY COMPANY--ACQUISITION AND OPERATION--STATE OF SOUTH DAKOTA · decision 36683
13. 1 Feb 2006 AB 33 (Sub-No. 229X)
    (1) REOPENED THIS PROCEEDING; (2) ACCEPTED THE LATE-FILED REQUEST FOR A NITU UNDER 16 U.S.C. 1247(D); AND (3) MODIFIED TO EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING TO PERMIT THE CITY OF WAXAHACHIE, TEXAS TO NEGOTIATE WITH UNION PACIFIC RAILROAD COMPANY FOR TRAIL USE OF THE SUBJECT LINE, FOR A PERIOD OF 180 DAYS COMMENCING FROM THE SERVICE OF THIS DECISION AND NOTICE (UNTIL JULY 31, 2006), AND SUBJECT TO THE CONDITIONS IMPOSED IN THE JANUARY 5, 2006 DECISION.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN ELLIS COUNTY,TX · decision 36656
14. 1 Feb 2006 AB 33 (Sub-No. 55)
    (1) REOPENED THIS PROCEEDING; (2) FOUND THAT THE DIVISION OF PARKS AND RECREATION HAS COMPLIED WITH THE REQUIREMENTS OF 49 CFR 1152.29(C)(2) REGARDING A REQUEST TO VACATE PORTIONS OF THE CITU.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--BETWEEN ECHO AND PARK CITY AND BETWEEN KETTLEY JUNCTION AND POSTON, AND SUMMIT AND WASATCH COUNTIES, UT · decision 36564
15. 1 Feb 2006 EP 575
    PROVIDED NOTICE THAT THE BOARD IS REQUESTING COMMENTS ON THE RENEWED PETITION OF THE WESTERN COAL TRAFFIC LEAGUE FOR A RULEMAKING TO ADDRESS AGREEMENTS TO SELL OR LEASE A RAIL LINE THAT RESTRICT THE ABILITY OF THE PURCHASER OR TENANT TO INTERCHANGE TRAFFIC WITH COMPETITORS.

    Entire Board · REVIEW OF RAIL ACCESS AND COMPETITION ISSUES RENEWED PETITION OF THE WESTERN COAL TRAFFIC LEAGUE · decision 35717
16. 1 Feb 2006 FD 34549
    DECISION DENIED UNITED TRANSPORTATION UNION'S PETITION TO REVOKE THE EXEMPTION IN THIS PROCEEDING.

    Entire Board · ILLINOIS RAILNET, INC.-ACQUISITION AND OPERATION EXEMPTION-BNSF RAILWAY COMPANY · decision 35560
17. 31 Jan 2006 EP 290 (Sub-No. 4)
    PROVIDED NOTICE THAT THE DECISION SERVED ON JANUARY 26, 2006, IN THIS PROCEEDING CONTAINED SEVERAL INADVERTENT ERRORS.

    Secretary · RAILROAD COST RECOVERY PROCEDURES-PRODUCTIVITY ADJUSTMENT · decision 36708
18. 31 Jan 2006 AB 290 (Sub-No. 259X)
    DECISION GRANTED THE REQUEST TO CONTINUE HOLDING THESE PROCEEDINGS IN ABEYANCE UNTIL FEBRUARY 15, 2006.

    Director Of Proceedings · TENNESSEE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND CAMPBELL COUNTIES, TN · also entered in AB 290 (Sub-No. 260X) · decision 36707
19. 31 Jan 2006 AB 6 (Sub-No. 432X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN WALSH COUNTY, ND · decision 36643
20. 31 Jan 2006 AB 988-X
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS WAS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · NEBKOTA RAILWAY, INC.-ABANDONMENT EXEMPTION-IN SHERIDAN AND CHERRY COUNTIES, NE · decision 36535
21. 30 Jan 2006 AB 303 (Sub-No. 18X)
    DECISION GRANTED THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND POLK COUNTY'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD TO JULY 29, 2006.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN POLK COUNTY, WIS. · decision 36694
22. 30 Jan 2006 AB 55 (Sub-No. 592X)
    DECISION GRANTED CSX TRANSPORTATION, INC.'S REQUEST FOR AN EXTENSION OF THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL JULY 29, 2006 AND EXTENDED THE TIME TO EXERCISE ABANDONMENT AUTHORITY TO SEPTEMBER 27, 2006.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK COUNTY, IN · decision 36671
23. 30 Jan 2006 FD 34820
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN BNSF AND UNION PACIFIC RAILROAD COMPANY (UP) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UP OVER BNSF'S LINE OF RAILROAD BETWEEN HOBART TOWER, CA (MILEPOST 146.0), AND RIVERSIDE, CA (MILEPOST 9.8), A DISTANCE OF APPROXIMATELY 57.7 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-TEMPORARY TRACKAGE RIGHTS EXEMPTION-BNSF RAILWAY COMPANY · decision 36647