Week of 8 May 2006

Decisions served

1. 12 May 2006 FD 34869
   DECISION GRANTED GARY L. ROBERTS' EXTENSION REQUEST AND SET THE DUE DATE FOR THE REPLY ON OR BEFORE JUNE 12, 2006.

   Secretary · HONEY CREEK RAILROAD, INC.--PETITION FOR DECLARATORY ORDER · decision 37017
2. 12 May 2006 EP 663
   PROVIDED NOTICE THAT ON MAY 15, 16, 17, AND 18, 2006, BOARD STAFF MEMBERS WILL CONDUCT AN INFORMATIONAL SITE VISIT TO POWDER RIVER BASIN RAIL FACILITIES IN WYOMING AND NEBRASKA TO EXAMINE AND EXPLORE THE ENGINEERING AND OPERATIONAL CONSIDERATIONS ASSOCIATED WITH TRANSPORTING THE UNIT-TRAIN COAL TRAFFIC THAT ORIGINATES IN THAT AREA.

   Secretary · POWDER RIVER BASIN SITE VISIT · decision 37004
3. 12 May 2006 FD 34856
   DECISION GRANTED THE MOTION FOR A PROTECTIVE ORDER AND SUBJECTED THE AGREEMENT SUBMITTED TO THE PROTECTIVE ORDER AND UNDERTAKINGS IN THE APPENDIX.

   Secretary · FOUR RIVERS TRANSPORTATION, INC.-CONTROL EXEMPTION-APPALACHIAN & OHIO RAILROAD, INC. · decision 36996
4. 12 May 2006 AB 914-X
   ORDERED: (1) THAT THE PUBLIC USE CONDITION IN THIS PROCEEDING, SHOULD IT BE IMPOSED, WILL INCLUDE THE ADDITIONAL SEGMENTS DESCRIBED HEREIN; AND (2) MCCLOUD RAILWAY COMPANY TO FILE A STATUS REPORT ON THE OFA PROCESS BY JUNE 12, 2006, DESCRIBING ITS PROGRESS AND THE CAUSE OF THE DELAY.

   Director Of Proceedings · McCLOUD RAILWAY COMPANY--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--IN SISKIYOU, SHASTA, AND MODOC COUNTIES, CAL. · decision 36994
5. 12 May 2006 FD 34874
   PROVIDED NOTICE THAT WICHITA UNION TERMINAL (WUT) AGREED TO GRANT RESTRICTED OVERHEAD TRACKAGE RIGHTS TO SOUTH KANSAS & OKLAHOMA RAILROAD, INC., OVER WUT'S LINE OF RAILROAD BETWEEN BNSF RAILWAY COMPANY (BNSF) MILEPOST 213.2 AND BNSF MILEPOST 211.7, IN WICHITA, KS, A TOTAL DISTANCE OF APPROXIMATELY 1.5 MILES.

   Director Of Proceedings · SOUTH KANSAS & OKLAHOMA RAILROAD, INC.-TRACKAGE RIGHTS EXEMPTION-WICHITA UNION TERMINAL · decision 36988
6. 12 May 2006 FD 34873
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) AGREED TO GRANT RESTRICTED OVERHEAD TRACKAGE RIGHTS TO SOUTH KANSAS & OKLAHOMA RAILROAD, INC. OVER BNSF'S LINE OF RAILROAD BETWEEN MILEPOST 249.7, NEAR W.N. JUNCTION, KS, AND MILEPOST 206.0, IN WICHITA, KS, A TOTAL DISTANCE OF APPROXIMATELY 43.7 MILES.

   Director Of Proceedings · SOUTH KANSAS & OKLAHOMA RAILROAD, INC.-TRACKAGE RIGHTS EXEMPTION-BNSF RAILWAY COMPANY · decision 36987
7. 12 May 2006 AB 586 (Sub-No. 2X)
   DECISION REOPENED THE PROCEEDING AND SUBJECTED THE EXEMPTION TO CONDITIONS.

   Director Of Proceedings · NORTH CENTRAL RAILWAY ASSOCIATION, INC.-ABANDONMENT EXEMPTION-IN HARDIN COUNTY, IA · decision 36949
8. 12 May 2006 FD 34865
   DECISION INSTITUTES A DECLARATORY ORDER PROCEEDING AND REQUESTS PUBLIC COMMENT.

   Director Of Proceedings · ARKANSAS MIDLAND RAILROAD COMPANY, INC.--PETITION FOR DECLARATORY ORDER--CADDO VALLEY RAILROAD COMPANY · decision 36945
9. 11 May 2006 FD 32549 (Sub-No. 25)
   DECISION DISCONTINUED THIS PROCEEDING AND DISMISSED THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN'S NOVEMBER 5, 2005 PLEADING WITH PREJUDICE.

   Secretary · BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN--ENFORCEMENT OF LABOR ARBITRATION AWARD--BNSF RAILWAY COMPANY · decision 37010
10. 11 May 2006 FD 34698
    DECISION GRANTED THE REQUEST TO HOLD STB FINANCE DOCKET NO. 34698 IN ABEYANCE AND DIRECTED THE PARTIES TO REPORT THE STATUS OF THEIR NEGOTIATIONS BY JULY 7, 2006.

    Secretary · BAY COLONY RAILROAD CORPORATION - PETITION FOR DECLARATORY ORDER · decision 37009
11. 11 May 2006 AB 33 (Sub-No. 223X)
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 7.25-MILE LINE OF RAILROAD, THE TYLER INDUSTRIAL LEAD, EXTENDING FROM MILEPOST 0.25 NEAR TROUP TO MILEPOST 7.50 NEAR WHITEHOUSE, IN SMITH COUNTY, TX.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN SMITH COUNTY, TX · decision 36970
12. 11 May 2006 AB 55 (Sub-No. 667X)
    PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED AN EXEMPTION TO ABANDON A 12.56-MILE OF RAIL LINE IN HARLAN COUNTY, KY.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN HARLAN COUNTY, KY · decision 36966
13. 10 May 2006 AB 33 (Sub-No. 168X)
    GRANTED THE REQUESTS OF THE CITY OF ELDORA, IA, AND THE IOWA NATURAL HERITAGE FOUNDATION TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO OCTOBER 8, 2006.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN HARDIN COUNTY, IA (ELDORA JUNCTION LINE IN ELDORA, IA) · decision 37012
14. 10 May 2006 FD 34873
    (1) GRANTED SOUTH KANSAS & OKLAHOMA RAILROAD, INC.'S MOTION FOR A PROTECTIVE ORDER; (2) ADOPTED THE UNDERTAKING IN THE APPENDIX TO THIS DECISION; AND (3) ORDERED THAT THE UNREDACTED TRACKAGE RIGHTS AGREEMENT SUBMITTED IN FINANCE DOCKET NO. 34873 WILL 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 ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

    Secretary · SOUTH KANSAS & OKLAHOMA RAILROAD, INC.-TRACKAGE RIGHTS EXEMPTION-BNSF RAILWAY COMPANY · decision 37008
15. 10 May 2006 AB 853 (Sub-No. 3X)
    PROVIDED NOTICE THAT KANSAS & OKLAHOMA RAILROAD, INC. FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON ITS 6-MILE LINE OF RAILROAD BETWEEN MILEPOST 85.0, AT CHASE, AND MILEPOST 91.0 AT SILICA, IN RICE COUNTY, KS.

    Director Of Proceedings · KANSAS & OKLAHOMA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN RICE COUNTY, KS · decision 36964
16. 10 May 2006 AB 43 (Sub-No. 177X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED THE SIX CONDITIONS RECOMMENDED BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS.

    Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LAWRENCE COUNTY, MS · decision 36940
17. 10 May 2006 FD 34828
    DECISION GRANTED EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323 TO CONTINUE IN CONTROL OF THREE CLASS III RAIL CARRIERS.

    Entire Board · GREGG HAUG-CONTINUANCE IN CONTROL EXEMPTION--NORTHERN PLAINS RAILROAD INC., MOHALL RAILROAD, INC., AND MOHALL CENTRAL RAILROAD, INC. · decision 36762
18. 9 May 2006 AB 33 (Sub-No. 143X)
    GRANTED THE REQUEST OF IOWA TRAILS COUNCIL TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU FOR AN ADDITIONAL 180 DAYS TO NOVEMBER 5, 2006.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN WRIGHT, FRANKLIN AND CERRO GORDO COUNTIES, IA · decision 37011
19. 9 May 2006 AB 295 (Sub-No. 6X)
    DECISION GRANTED THE PARTIES' REQUEST TO EXTEND THE NOTICE OF INTERIM NEGOTIATING PERIOD UNTIL NOVEMBER 9, 2006.

    Director Of Proceedings · THE INDIANA RAIL ROAD COMPANY--ABANDONMENT EXEMPTION--IN MONROE COUNTY, IN · decision 36991
20. 9 May 2006 AB 303 (Sub-No. 25X)
    GRANTED THE REQUEST OF STOCKBRIDGE-MUNSEE COMMUNITY TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU FOR AN ADDITIONAL 180 DAYS UNTIL NOVEMBER 6, 2006.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN LANGLADE, MENOMINEE AND SHAWANO COUNTIES, WIS. · decision 36982
21. 9 May 2006 AB 43 (Sub-No. 178X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED THE THREE CONDITIONS RECOMMENDED BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS.

    Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MADISON COUNTY, MS · decision 36938
22. 8 May 2006 AB 33 (Sub-No. 175X)
    (1) REOPENED THIS PROCEEDING; AND (2) ORDERED THAT IOWA TRAILS COUNCIL MAY NEGOTIATE WITH UNION PACIFIC RAILROAD COMPANY FOR TRAIL USE OF THE SUBJECT LINE, FOR A PERIOD OF 180 DAYS COMMENCING FROM THE SERVICE DATE OF THIS DECISION AND NOTICE (UNTIL NOVEMBER 4, 2006), AND SUBJECT TO THE CONDITIONS IMPOSED IN THE APRIL 28 DECISION.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN HAMILTON COUNTY, IA · decision 36990