Week of 10 Jul 2006

Decisions served

1. 14 Jul 2006 NOR 42084
   GRANTED KANEB PIPE LINE PARTNERS, L. P. AND KANEB PIPE LINE OPERATING PARTNERSHIP, L. P.'S MOTION AND THE AMENDED PROTECTIVE ORDER AND UNDERTAKINGS IN THIS DECISION ARE ADOPTED.

   Secretary · CF INDUSTRIES, INC. V. KANEB PIPE LINE PARTNERS, L.P. AND KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. · decision 37196
2. 14 Jul 2006 FD 34848
   DECISION GRANTED THE MOTION FOR A PROTECTIVE ORDER REQUESTED BY THE KANSAS CITY SOUTHERN RAILWAY COMPANY AND THE TEXAS MEXICAN RAILWAY COMPANY FOR A CONFIDENTIAL TRACKAGE RIGHTS AGREEMENT BETWEEN THE PARTIES.

   Secretary · THE KANSAS CITY SOUTHERN RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-THE TEXAS MEXICAN RAILWAY COMPANY · decision 37192
3. 14 Jul 2006 AB 156 (Sub-No. 23X)
   DECISION GRANTED DELAWARE AND HUDSON RAILWAY COMPANY, INC, D/B/A CANADIAN PACIFIC RAILWAY COMPANY'S REQUEST FOR AN EXTENSION FOR THE INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL OCTOBER 9, 2006.

   Director Of Proceedings · DELAWARE AND HUDSON RAILWAY COMPANY, INC. D/B/A CANADIAN PACIFIC RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALBANY COUNTY, NY · decision 37186
4. 14 Jul 2006 AB 290 (Sub-No. 265X)
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE CONDITIONS REQUIRING CONSULTATION WITH UNITED STATES ARMY CORPS OF ENGINEERS, U. S. FISH AND WILDLIFE SERVICE AND THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE MARCH 2006 DECISION.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN CALHOUN COUNTY, AL · decision 37148
5. 14 Jul 2006 AB 6 (Sub-No. 439X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON 11.90 MILES OF RAIL LINE IN BOTTINEAU COUNTY, ND.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BOTTINEAU COUNTY, ND · decision 37135
6. 14 Jul 2006 FD 33475
   DECISION DENIED RMW VENTURES, L.L.C. AND C&NC RAILROAD CORPORATION'S PETITION TO CLARIFY AND CORRECT NOTICES OF EXEMPTION THAT WERE PREVIOUSLY SERVED IN THESE PROCEEDINGS.

   Entire Board · C&NC RAILROAD CORPORATION--LEASE AND OPERATION EXEMPTION--LINES OF THE NORFOLK AND WESTERN RAILWAY COMPANY AND INDIANA HI RAIL CORPORATION · also entered in FD 33476 · decision 36438
7. 13 Jul 2006 FD 34890
   (1) GRANTED THE REQUEST PYCO INDUSTRIES, INC. (PYCO) FOR ENTRY ONTO SOUTH PLAINS SWITCHING, LTD. CO. 'S LINES (SAW) ON JULY 24, 2006 AND THE DUE DATE FOR PYCO'S AMENDMENT (IF ANY) TO THE VALUATION OF SAW'S LINES WILL BE CLARIFIED; AND (2) DENIED THE REQUEST FOR AN EARLIER DUE DATE FOR PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES.

   Secretary · PYCO INDUSTRIES, INC.-FEEDER LINE APPLICATION-LINES OF SOUTH PLAINS SWITCHING, LTD. CO. · decision 37198
8. 13 Jul 2006 FD 34883
   DENIED A PETITION SEEKING A STAY OF THE OPERATION OF THE NOTICE OF EXEMPTION FILED BY JOHN D. FITZGERALD, FOR AND ON BEHALF OF THE UNITED TRANSPORTATION UNION-GENERAL COMMITTEE OF ADJUSTMENT.

   Commissioner · PORTLAND AND WESTERN RAILROAD, INC.--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 37193
9. 13 Jul 2006 AB 55 (Sub-No. 667X)
   DECISION REOPENED THIS PROCEEDING AND REMOVED THE ENDANGERED SPECIES CONDITION IMPOSED IN THE JUNE 9, 2006 DECISION.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN HARLAN COUNTY, KY · decision 37176
10. 13 Jul 2006 AB 994-X
    PROVIDED NOTICE THAT KETTLE FALLS INTERNATIONAL RAILWAY, LLC FILED WITH THE BOARD A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON AN APPROXIMATELY 28.361-MILE LINE OF RAILROAD, EXTENDING FROM MILEPOST 48.779, NEAR DANVILLE, TO MILEPOST 77.14, AT SAN POIL, IN PERRY COUNTY, WA.

    Director Of Proceedings · KETTLE FALLS INTERNATIONAL RAILWAY, LLC--ABANDONMENT EXEMPTION--IN FERRY COUNTY, WA · decision 37133
11. 13 Jul 2006 FD 34891
    PROVIDED NOTICE THAT LACKAWAXEN-HONESDALE SHIPPERS ASSOCIATION, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 FOR THE ACQUISITION OF APPROXIMATELY 24.74 MILES OF RAIL LINE FROM THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION IN WAYNE AND PIKE COUNTIES, PA.

    Director Of Proceedings · LACKAWAXEN-HONESDALE SHIPPERS ASSOCIATION, INC.-ACQUISITION EXEMPTION-PENNSYLVANIA DEPARTMENT OF TRANSPORTATION · decision 37096
12. 12 Jul 2006 AB 290 (Sub-No. 192X)
    (1) REOPENED THIS PROCEEDING; AND (2) GRANTED THE REQUEST OF TYRONE BRIDGE AND RAIL COMPANY TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS TO DECEMBER 19, 2006.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND WOODFORD COUNTIES, KY · decision 37184
13. 12 Jul 2006 FD 34864 (Sub-No. 1)
    PROVIDED NOTICE THAT THE KANSAS CITY SOUTHERN RAILWAY COMPANY (KCSR), PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN KCSR AND BNSF RAILWAY COMPANY (BNSF), AGREED TO PROVIDE BNSF WITH NON-EXCLUSIVE, OVERHEAD, TEMPORARY TRACKAGE RIGHTS, TO EXPIRE ON JULY 15, 2006, OVER KCSR'S TRACKAGE BETWEEN JEFFERSON, TX, AND METRO, TX, A TOTAL DISTANCE OF 200.9 MILES.

    Director Of Proceedings · BNSF RAILWAY COMPANY-TEMPORARY TRACKAGE RIGHTS EXEMPTION-THE KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 37147
14. 11 Jul 2006 AB 6 (Sub-No. 434X)
    DECISION GRANTED THE REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL JANUARY 8, 2007.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FERGUS COUNTY, MT · decision 37183
15. 11 Jul 2006 AB 314 (Sub-No. 2X)
    GRANTED THE REQUEST OF THE CITY OF MARION, IA TO EXTEND THE INTERIM TRAIL USE NEGOTIATING PERIOD FOR THE PORTION OF THE LINE BETWEEN MILEPOSTS ZA 225.7 AND ZA 228.45 TO SEPTEMBER 30, 2006.

    Director Of Proceedings · CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LINN COUNTY, IA · decision 37155
16. 11 Jul 2006 AB 6 (Sub-No. 441X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KOOTENAI COUNTY, ID · decision 37116
17. 11 Jul 2006 FD 34698
    GRANTED THE REQUEST OF BAY COLONY RAILROAD CORPORATION TO DISMISS THE PETITION FOR DECLARATORY ORDER IN STB FINANCE DOCKET NO. 34698.

    Secretary · BAY COLONY RAILROAD CORPORATION - PETITION FOR DECLARATORY ORDER · decision 35854
18. 10 Jul 2006 AB 103 (Sub-No. 20X)
    FOUND THAT NO SIGNIFICANT IMPACT UNDER 49 CFR 1105.10(G) WILL BE MADE PURSUANT TO 49 CFR 1011.7(B)(9).

    Director Of Proceedings · THE KANSAS CITY SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN JEFFERSON PARISH, LA · decision 37181
19. 10 Jul 2006 EP 575
    (1) ADOPTED THE PROTECTIVE ORDER AND UNDERTAKING IN THIS DECISION; AND (2) DENIED NORFOLK SOUTHERN CORPORATION'S (NS) REQUEST THAT THE BOARD GRANT THE CARRIER EXPLICIT ACCESS TO ANY CONFIDENTIAL INFORMATION FILED BY READING BLUE MOUNTAIN AND NORTHERN RAILROAD COMPANY , WITHOUT PREJUDICE TO NS OUTSIDE COUNSEL'S ABILITY TO OBTAIN ACCESS TO CONFIDENTIAL INFORMATION UNDER THE PROTECTIVE ORDER TO THIS DECISION.

    Secretary · REVIEW OF RAIL ACCESS AND COMPETITION ISSUES RENEWED PETITION OF THE WESTERN COAL TRAFFIC LEAGUE · decision 37178
20. 10 Jul 2006 FD 34869
    GRANTED THE REQUEST OF GARY L. ROBERTS FOR AN EXTENSION TO CONDUCT DISCOVERY AND ADDITIONAL TIME TO FILE HIS REPLY.

    Secretary · HONEY CREEK RAILROAD, INC.--PETITION FOR DECLARATORY ORDER · decision 37177
21. 10 Jul 2006 FD 32609
    GRANTED THE MOTION OF MARYLAND TRANSIT ADMINISTRATION TO EXTEND THE CITU NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS UNTIL JANUARY 6, 2007.

    Director Of Proceedings · CHESAPEAKE RAILROAD COMPANY-CERTIFICATE OF INTERIM TRAIL USE AND TERMINATION OF MODIFIED RAIL CERTIFICATE · decision 37082