Week of 6 Nov 2006

Decisions served

1. 9 Nov 2006 AB 295 (Sub-No. 6X)
   GRANTED THE INDIANA RAIL ROAD COMPANY'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD, UNTIL MAY 8, 2007.

   Director Of Proceedings · THE INDIANA RAIL ROAD COMPANY--ABANDONMENT EXEMPTION--IN MONROE COUNTY, IN · decision 37508
2. 9 Nov 2006 AB 290 (Sub-No. 284X)
   PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 1.4-MILE LINE OF RAILROAD BETWEEN MILEPOST CQ 41.3, AND MILEPOST CQ 42.7, LOCATED IN PARCHMENT, KALAMAZOO COUNTY, MI.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KALAMAZOO COUNTY, MI · decision 37485
3. 9 Nov 2006 FD 34946
   PROVIDED NOTICE THAT THE PORTLAND TERMINAL RAILROAD COMPANY HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO PORTLAND & WESTERN RAILROAD, INC., EXTENDING BETWEEN MILEPOST 0.91 ON BNSF RAILWAY COMPANY'S FALLBRIDGE SUBDIVISION AND MILEPOST 0.0 ON UNION PACIFIC RAILROAD COMPANY'S PORTLAND SUBDIVISION, ALL LOCATED NEAR UNION STATION IN PORTLAND, OR, A DISTANCE OF APPROXIMATELY 1.50 MILES.

   Director Of Proceedings · PORTLAND AND WESTERN RAILROAD, INC.--TEMPORARY TRACKAGE RIGHTS EXEMPTION-- PORTLAND TERMINAL RAILROAD COMPANY · decision 37475
4. 9 Nov 2006 FD 34945
   PROVIDED NOTICE THAT THE UNION PACIFIC RAILROAD COMPANY(UP) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO PORTLAND & WESTERN RAILROAD, INC., EXTENDING BETWEEN UP MILEPOST 0.0 ON THE PORTLAND SUBDIVISION AT PORTLAND, OR, AND UP MILEPOST 720.9 ON THE BROOKLYN SUBDIVISION AT LABISH, OR, A DISTANCE OF APPROXIMATELY 50 MILES.

   Director Of Proceedings · PORTLAND AND WESTERN RAILROAD, INC.--TEMPORARY TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 37474
5. 9 Nov 2006 FD 34944
   PROVIDED NOTICE THAT PURSUANT TO A WRITTEN TRACKAGE AGREEMENT, BNSF RAILWAY COMPANY (BNSF) AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO PORTLAND & WESTERN RAILROAD, INC., EXTENDING FROM THE FACILITIES OF THE PORTLAND TERMINAL RAILROAD COMPANY AT PORTLAND, OR, TO WILLBRIDGE, OR, ON (A) BNSF MAIN TRACK #1 BETWEEN MILEPOST 0.69 AND MILEPOST 4.32 AND (B) BNSF MAIN TRACK #2 BETWEEN MILEPOST 0.91 AND MILEPOST 4.25 (INCLUDING USE OF THE CROSSOVER), A DISTANCE OF APPROXIMATELY 3.6 MILES.

   Director Of Proceedings · PORTLAND & WESTERN RAILROAD, INC.--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 37473
6. 9 Nov 2006 AB 355 (Sub-No. 33X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · SPRINGFIELD TERMINAL RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN MIDDLESEX COUNTY, MA · also entered in AB 32 (Sub-No. 99X) · decision 37455
7. 9 Nov 2006 FD 34913
   GRANTED GENESEE & WYOMING INC. AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323-25 TO CONTINUE IN CONTROL OF CHATTAHOOCHEE BAY RAILROAD, INC. (CBRR'S), UPON CBRR'S BECOMING A RAIL CARRIER IN A RELATED TRANSACTION INVOLVING THE ACQUISITION AND OPERATION OF CERTAIN RAIL ASSETS OF H&S RAILROAD COMPANY, INC. AND CHATTAHOOCHEE & GULF RAILROAD CO., INC., SUBJECT TO LABOR PROTECTIVE CONDITIONS.

   Entire Board · GENESEE & WYOMING INC.--CONTINUANCE IN CONTROL EXEMPTION--CHATTAHOOCHEE BAY RAILROAD, INC. · decision 37296
8. 8 Nov 2006 NOR 42088
   INSTRUCTED THE PARTIES IN STB DOCKET NO. 41191 (SUB-NO. 1) AND NO. 42088 TO SUBMIT THE REQUESTED INFORMATION NEEDED TO THE BOARD FOR COMPLETION OF THE BOARD'S ANALYSIS OF THESE TWO PROCEEDINGS BY THE DATES SPECIFIED IN THIS DECISION.

   Entire Board · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · also entered in NOR 41191 (Sub-No. 1) · decision 37530
9. 8 Nov 2006 AB 167 (Sub-No. 1185X)
   REOPENED THIS PROCEEDING; EXTENDED THE DUE DATE FOR FILING THE OFFER OF FINANCIAL ASSISTANCE, AND TOLLED THE EFFECTIVE DATE OF THE ABANDONMENT EXCEPTION, PENDING FURTHER ORDER OF THE BOARD.

   Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN MERCER COUNTY, NJ · decision 37505
10. 8 Nov 2006 AB 6 (Sub-No. 453X)
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON APPROXIMATELY 0.65- MILE OF RAIL LINE, EXTENDING BETWEEN MILEPOST 10.60 AND MILEPOST 11.25, NEAR WILBURTON, IN KING COUNTY, WA.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KING COUNTY, WA · decision 37464
11. 7 Nov 2006 EP 665
    DECISION ORDERED THAT THE OFFICIAL RECORD FOR THIS PROCEEDING WILL REMAIN OPEN UNTIL JANUARY 12, 2007, TO ALLOW FOR FILING OF SUPPLEMENTAL COMMENTS OR INFORMATION.

    Secretary · RAIL TRANSPORTATION OF GRAIN · decision 37516
12. 7 Nov 2006 AB 6 (Sub-No. 445X)
    REOPENED THIS PROCEEDING AND IMPOSED CONDITIONS TO THE ABANDONMENT EXEMPTION.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN CASCADE COUNTY, MONT. · decision 37461
13. 7 Nov 2006 AB 355 (Sub-No. 33X)
    PROVIDED NOTICE THAT BOSTON AND MAINE CORPORATION AND SPRINGFIELD TERMINAL RAILWAY COMPANY (ST) FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON, AND ST TO DISCONTINUE SERVICE OVER, A LINE OF RAILROAD, KNOWN AS THE FITCHBURG FREIGHT CUT-OFF, EXTENDING FROM MILEPOST 0.00 TO MILEPOST 0.86 IN SOMERVILLE, IN MIDDLESEX COUNTY, MA.

    Director Of Proceedings · SPRINGFIELD TERMINAL RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN MIDDLESEX COUNTY, MA · also entered in AB 32 (Sub-No. 99X) · decision 37448
14. 6 Nov 2006 EP 646 (Sub-No. 1)
    DECISION ORDERED THAT TABLE 1 OF THE U.S. DEPARTMENT OF AGRICULTURE'S OPENING COMMENTS IN THE NOTICE OF PROPOSED RULEMAKING, SERVED ON JULY 28, 2006, IS STRICKEN FROM THE RECORD AND ALL PARTIES SHALL REMOVE TABLE 1 FROM THEIR COPIES OF THE COMMENTS AND DESTROY THAT TABLE.

    Secretary · SIMPLIFIED STANDARDS FOR RAIL RATE CASES · decision 37519
15. 6 Nov 2006 AB 6 (Sub-No. 425X)
    DENIED KANZA RAIL-TRAIL CONSERVANCY'S REQUESTS FOR THE IMPOSITION OF A PUBLIC USE CONDITION AND FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHASE, MORRIS, MARION AND DICKINSON COUNTIES, KS · decision 37480
16. 6 Nov 2006 AB 303 (Sub-No. 25X)
    GRANTED THE REQUEST OF STOCKBRIDGE-MUNSEE COMMUNITY TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS UNTIL MAY 5, 2007.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN LANGLADE, MENOMINEE AND SHAWANO COUNTIES, WIS. · decision 37452
17. 6 Nov 2006 AB 6 (Sub-No. 408X)
    GRANTED THE NEBRASKA TRAILS FOUNDATION, INC.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD FOR THE PORTION OF THE RIGHT-OF-WAY BETWEEN MILEPOST 9.63, NEAR MARQUETTE, TO MILEPOST 17.50, NEAR CENTRAL CITY, UNTIL JANUARY 31, 2007.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION --IN HAMILTON AND MERRICK COUNTIES, NE · decision 37444