Week of 27 Feb 2006

Decisions served

1. 3 Mar 2006 FD 34839
   DECISION GRANTED AN EXTENSION REQUEST AND EXTENDED THE DUE DATE FOR REPLIES UNTIL MARCH 16, 2006.

   Secretary · NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY--CONTROL AND CONSOLIDATION EXEMPTION--ALGERS, WINSLOW AND WESTERN RAILWAY COMPANY · decision 36801
2. 3 Mar 2006 AB 862-X
   PROVIDED NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT FEBRUARY 16, 2006 BEFORE THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS.

   Secretary · TWIN STATE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CALEDONIA AND ESSEX COUNTIES, VT · decision 36797
3. 3 Mar 2006 AB 290 (Sub-No. 259X)
   DECISION DISMISSED TENNESSEE RAILWAY COMPANY'S PETITION FOR EXEMPTION AND NOTICE OF EXEMPTION.

   Director Of Proceedings · TENNESSEE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND CAMPBELL COUNTIES, TN · also entered in AB 290 (Sub-No. 260X) · decision 36793
4. 3 Mar 2006 FD 34832
   DECISION DISMISSED THE NOTICES OF EXEMPTION FILED IN BOTH STB FINANCIAL DOCKET NO. 34832 AND 34833.

   Director Of Proceedings · TRANSIT SOLUTIONS GROUP, LLC--OPERATION EXEMPTION--NASHVILLE AND EASTERN RAILROAD · also entered in FD 34833 · decision 36781
5. 3 Mar 2006 FD 34797
   DECISION INSTITUTED A PROCEEDING TO ADDRESS ISSUES RAISED REGARDING THE CONSIDERATION OF NEW ENGLAND TRANSRAIL, LLC D/B/A WILMINGTON & WOBURN TERMINAL RAILWAY'S REQUEST FOR AN EXEMPTION PURSUANT TO 49 U.S.C. 10502.

   Secretary · NEW ENGLAND TRANSRAIL, LLC, D/B/A WILMINGTON & WOBURN TERMINAL RAILWAY--CONSTRUCTION, ACQUISITION AND OPERATION EXEMPTION-- IN WILMINGTON AND WOBURN, MASS. · decision 36766
6. 3 Mar 2006 AB 33 (Sub-No. 237X)
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) AND SALT LAKE CITY CORPORATION JOINTLY FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 FOR UP TO ABANDON ITS FREIGHT OPERATING RIGHTS AND RAIL FREIGHT SERVICE OVER 2.22 MILES OF A LINE OF RAILROAD BETWEEN MILEPOST 780.1 AND MILEPOST 782.32 IN SALT LAKE CITY, UT.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY AND SALT LAKE CITY CORPORATION-ABANDONMENT EXEMPTION-IN SALT LAKE CITY, UT · decision 36746
7. 3 Mar 2006 FD 34554 (Sub-No. 4)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF), PURSUANT TO A MODIFIED WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN BNSF AND UNION PACIFIC RAILROAD (UP), HAS AGREED TO EXTEND THE EXPIRATION DATE OF THE LOCAL TRACKAGE RIGHTS GRANTED TO UP OVER BNSF'S LINE OF RAILROAD EXTENDING FROM BNSF MILEPOST 579.3 NEAR MILL CREEK, OK, TO BNSF MILEPOST 631.1 NEAR JOE JUNCTION, TX, A DISTANCE OF APPROXIMATELY 51 MILES.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-TEMPORARY TRACKAGE RIGHTS EXEMPTION-BNSF RAILWAY COMPANY · decision 36742
8. 3 Mar 2006 AB 290 (Sub-No. 265X)
   DECISION (1) REOPENED THE PROCEEDING; AND (2) IMPOSED PUBLIC USE AND INTERIM TRAIL USE/RAIL BANKING CONDITIONS.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN CALHOUN COUNTY, AL · decision 36730
9. 3 Mar 2006 AB 6 (Sub-No. 436X)
   DECISION REOPENED THE PROCEEDING AND IMPOSED ENVIRONMENTAL ASSESSMENT CONDITIONS RECOMMENDED BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS.

   Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN PARK COUNTY, WY · decision 36729
10. 2 Mar 2006 FD 34818
    DECISION GRANTED THE JOINT MOTION FOR A PROTECTIVE ORDER AND ADOPTED UNDERTAKINGS THAT ARE IN THE APPENDIX TO THIS DECISION.

    Secretary · CITY OF JERSEY CITY, RAILS TO TRAILS CONSERVANCY, PENNSYLVANIA RAILROAD HARSIMUS STEM EMBANKMENT PRESERVATION COALITION, AND NEW JERSEY STATE ASSEMBLYMAN LOUIS M. MANZO-PETITION FOR DECLARATORY ORDER · decision 36790
11. 2 Mar 2006 FD 34837
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO BNSF RAILWAY COMPANY IN WICHITA, KS.

    Director Of Proceedings · BNSF RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 36757
12. 2 Mar 2006 AB 307 (Sub-No. 6X)
    PROVIDED NOTICE THAT WYOMING AND COLORADO RAILROAD COMPANY, INC. FILED FOR EXEMPTION TO ABANDON A 23.71-MILE LINE OF RAILROAD IN CARBON COUNTY, WY.

    Director Of Proceedings · WYOMING AND COLORADO RAILROAD COMPANY, INC.-ABANDONMENT EXEMPTION-IN CARBON COUNTY, WYO. · decision 36750
13. 1 Mar 2006 AB 290 (Sub-No. 238X)
    GRANTED THE BUCHANAN COUNTY BOARD OF SUPERVISORS' REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD AND NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 36788
14. 28 Feb 2006 FD 34830
    DENIED A PETITION TO STAY THE EFFECTIVE DATE OF THE EXEMPTIONS IN THE PROCEEDINGS FILED BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, A DIVISION OF THE RAIL CONFERENCE, INTERNATIONAL BROTHERHOOD OF TEAMSTERS.

    Commissioner · KANSAS CITY TRANSPORTATION COMPANY LLC--LEASE AND ASSIGNMENT OF LEASE EXEMPTION--KANSAS CITY TERMINAL RAILWAY COMPANY AND KAW RIVER RAILROAD, INC. · also entered in FD 34831 · decision 36787
15. 28 Feb 2006 FD 32549 (Sub-No. 25)
    GRANTED THE REQUEST OF BNSF RAIL COMPANY TO MODIFY THE PROCEDURAL SCHEDULE. DISPOSITIVE MOTIONS WILL BE DUE ON MARCH 9, 2006, AND REPLIES TO DISPOSITIVE MOTIONS WILL BE DUE ON OR BEFORE MARCH 24, 2006.

    Secretary · BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN--ENFORCEMENT OF LABOR ARBITRATION AWARD--BNSF RAILWAY COMPANY · decision 36782
16. 28 Feb 2006 AB 303 (Sub-No. 28X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · WISCONSIN CENTRAL LTD.-ABANDONMENT EXEMPTION-IN ASHLAND COUNTY, WI · decision 36717
17. 28 Feb 2006 FD 32760 (Sub-No. 42)
    DECLINED TO REVIEW AN ARBITRATION DECISION THAT DENIED MR. JOHN E. GROTHER'S CLAIM FOR BENEFITS UNDER THE NEW YORK DOCK CONDITIONS IMPOSED WHEN THE BOARD APPROVED THE MERGER OF THE UP AND SOUTHERN PACIFIC TRANSPORTATION COMPANY IN 1996.

    Entire Board · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY (ARBITRATION REVIEW) · decision 35690
18. 27 Feb 2006 MCF 21015
    DECISION GIVES NOTICES THAT THE FINANCE TRANSACTION IN THIS PROCEEDING IS TENTATIVELY APPROVED, IF NO OPPOSING COMMENTS ARE FILED.

    Entire Board · RAILCREW XPRESS, LLC AND RAILCREW XPRESS, CORP.--ACQUISITION OF CONTROL--RAUDIN MCCORMICK, INC., AND JLS, INC., D/B/A AAA LIMO, AND RAILCREW XPRESS, LLC--ACQUISITION OF CONTROL--BROWN'S CREW CAR OF WYOMING, INC. D/B/A ARMADILLO EXPRESS · decision 36741
19. 27 Feb 2006 NOR 41191
    DECISION INSTITUTED A RULEMAKING PROCEEDING TO ADDRESS MAJOR ISSUES REGARDING RAIL RATE CASES.

    Entire Board · WEST TEXAS UTILITIES COMPANY V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · also entered in NOR 42088, NOR 42095, EP 657 (Sub-No. 1), NOR 41191 (Sub-No. 1) · decision 36722