Week of 20 Nov 2006

Decisions served

1. 24 Nov 2006 AB 290 (Sub-No. 280X)
   PROVIDED NOTICE THAT THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY COMPANY, A WHOLLY OWNED SUBSIDIARY OF NORFOLK SOUTHERN RAILWAY COMPANY, FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON AN APPROXIMATELY 1.10-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST 156.9-H TO MILEPOST 158.0-H IN ROCKWOOD, ROANE COUNTY, TN.

   Director Of Proceedings · THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN ROANE COUNTY, TENNESSEE · decision 37532
2. 24 Nov 2006 AB 6 (Sub-No. 447X)
   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 KANE COUNTY, IL · decision 37510
3. 24 Nov 2006 FD 34792
   PROVIDED NOTICE THAT PORTLAND & WESTERN RAILROAD, INC. A CLASS III RAIL CARRIER, FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE A PERMANENT, EXCLUSIVE RAIL FREIGHT OPERATING EASEMENT FROM UNION PACIFIC RAILROAD COMPANY TO OPERATE OVER AN APPROXIMATELY 5-MILE RAIL LINE BETWEEN MILEPOST 749.95 IN TIGARD, OR, AND MILEPOST 755.43 IN BEAVERTON, OR.

   Director Of Proceedings · PORTLAND & WESTERN RAILROAD, INC.-ACQUISITION AND OPERATION EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 37495
4. 22 Nov 2006 NOR 42088
   ORDERED THE PARTIES TO STB DOCKET NO. 41191 (SUB-NO. 1) AND STB DOCKET NO. 42088 TO SUBMIT THE REQUESTED INFORMATION TO THE BOARD IN ACCORDANCE WITH THE REVISED PROCEDURAL SCHEDULE SET FORTH IN THIS DECISION.

   Secretary · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · also entered in NOR 41191 (Sub-No. 1) · decision 37567
5. 22 Nov 2006 FD 34960
   STAYED THE EFFECTIVE DATE OF THE NOTICE OF EXEMPTION IN THIS PROCEEDING PENDING FURTHER ORDER OF THE BOARD.

   Commissioner · THE CHICAGO, LAKE SHORE AND SOUTH BEND RAILWAY COMPANY-ACQUISITION AND OPERATION EXEMPTION-NORFOLK SOUTHERN RAILWAY COMPANY · decision 37565
6. 22 Nov 2006 FD 33388 (Sub-No. 100)
   GRANTED THE REQUEST FOR THE MODIFICATION OF THE PROCEDURAL SCHEDULE SET BY THE BOARD IN A DECISION SERVED ON AUGUST 29, 2006; GRANTED THE REQUESTED EXTENSION FOR FILING COMMENTS ON THE SUPPLEMENTED PETITION, UNTIL DECEMBER 1, 2006; PETITIONERS WILL HAVE UNTIL DECEMBER 13, 2006, TO REPLY TO THOSE COMMENTS.

   Secretary · CSX CORPORATION AND CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY-CONTROL AND OPERATING LEASES/AGREEMENTS-CONRAIL INC. AND CONSOLIDATED RAIL CORPORATION · decision 37555
7. 22 Nov 2006 FD 34947
   REJECTED THE FEEDER LINE APPLICATION WITHOUT PREJUDICE TO THE FILING OF A NEW APPLICATION CONTAINING THE REQUIRED INFORMATION, AND DENIED DR. FIEHRER'S REQUESTS; ONE FOR AN ORDER PREVENTING TRANSFER AND/OR ALTERATION OF THE LINE , ANOTHER TO COMPEL BNSF RAILWAY COMPANY TO PROVIDE INFORMATION.

   Director Of Proceedings · DR. DANIEL R. FIEHRER--FEEDER LINE APPLICATION--LINE OF BNSF RAILWAY COMPANY BETWEEN HELENA AND GREAT FALLS, MT · decision 37525
8. 22 Nov 2006 FD 34951
   PROVIDED NOTICE THAT PURSUANT TO A TRACKAGE RIGHTS AGREEMENT DATED OCTOBER 30, 2006, BETWEEN PORTLAND & WESTERN RAILROAD, INC. (PNWR), AND BNSF RAILWAY COMPANY (BNSF), BNSF HAS AGREED TO GRANT PNWR OVERHEAD TRACKAGE RIGHTS: (A) BETWEEN MILEPOST 10.0 IN VANCOUVER, WA, ON THE BNSF FALLBRIDGE SUBDIVISION; AND MILEPOST 0.69 (MAIN TRACK 1) AND MILEPOST 0.91 (MAIN TRACK 2) IN PORTLAND, OR, AND (B) BETWEEN MILEPOST 132.5 AND MILEPOST 136.5 IN VANCOUVER, WA, ON THE BNSF SEATTLE SUBDIVISION, A TOTAL DISTANCE OF APPROXIMATELY 13.31 MILES.

   Director Of Proceedings · PORTLAND & WESTERN RAILROAD, INC.-TRACKAGE RIGHTS EXEMPTION-BNSF RAILWAY COMPANY · decision 37522
9. 22 Nov 2006 FD 34949
   PROVIDED NOTICE THAT THE GEORGIA SOUTHERN RAILROAD, INC. FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE PORTIONS OF A RAIL LINE FROM THE SOUTH WESTERN RAIL ROAD COMPANY, AND THE CENTRAL OF GEORGIA RAILROAD COMPANY.

   Director Of Proceedings · GEORGIA SOUTHWESTERN RAILROAD, INC.--ACQUISITION EXEMPTION--THE SOUTH WESTERN RAIL ROAD COMPANY AND CENTRAL OF GEORGIA RAILROAD COMPANY · decision 37515
10. 22 Nov 2006 FD 34792
    GRANTED PORTLAND & WESTERN RAILROAD, INC.'S PETITION TO WAIVE THE NOTICE REQUIREMENTS UNDER 49 CFR 1150.42 (E), RELATED TO A NOTICE OF EXEMPTION FOR THE ACQUISITION AND OPERATION OF A PERMANENT, EXCLUSIVE RAIL FREIGHT OPERATING EASMENT OVER A 5-MILE RAIL LINE BETWEEN TIGARD AND BEAVERTON, OR.

    Entire Board · PORTLAND & WESTERN RAILROAD, INC.-ACQUISITION AND OPERATION EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 37496
11. 21 Nov 2006 FD 34889
    DENIED SOUTH PLAINS SWITCHING, LTD. CO.'S MOTION TO DISMISS THE PETITION; (1) REVOKED THE EXEMPTIONS FOR ANY AND ALL OF THE COMMODITIES THAT PYCO INDUSTRIES, INC. (PYCO) SHIPS OR RECEIVES BY RAIL, TO THE EXTENT NECESSARY TO ALLOW THE PROVISION OF TEMPORARY ALTERNATIVE RAIL SERVICE FOR ALL OF PYCO'S RAIL TRAFFIC; (2) AUTHORIZED WEST TEXAS & LUBBOCK RAILWAY COMPANY, INC. TO PROVIDE TEMPORARY ALTERNATIVE RAIL SERVICE TO PYCO OVER THE RAIL LINES OF SOUTH PLAINS SWITCHING, LTD. CO. (SAW), BEGINNING AT 12:00 A.M. ON NOVEMBER 23, 2006, UNDER THE PROVISION OF 49 U.S.C. 11102(A) AND 49 CFR 1147.1; (3) DENIED PYCO'S REQUEST FOR A CONDITION ALLOWING INSPECTION AND REPAIR OF SAW'S LINES.

    Entire Board · PYCO INDUSTRIES, INC.-ALTERNATIVE RAIL SERVICE-SOUTH PLAINS SWITCHING, LTD. CO. · also entered in EP 346 (Sub-No. 14C) · decision 37534
12. 21 Nov 2006 AB 6 (Sub-No. 447X)
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 0.04-MILE OF LINE OF RAILROAD THAT EXTENDS BETWEEN MILEPOST 3.53 AND MILEPOST 3.57, AT NIFA, IN KANE COUNTY, IL.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KANE COUNTY, IL · decision 37507
13. 21 Nov 2006 NOR 42084
    (1) GRANTED THE PARTIES JOINT MOTION; (2) APPROVED THE SETTLEMENT AGREEMENT SUBMITTED IN STB DOCKET NO. 42084 WHICH WILL BE KEPT UNDER SEAL; (3) VACATED THE PRESCRIPTION IMPOSED IN STB DOCKET NO. 41685 FOR CERTAIN PIPELINE TRANSPORTATION PROVIDED TO CF INDUSTRIES, INC. (CFI); AND (4) ORDERED THAT THE RATES AND RATE UPDATE METHODOLOGIES SET FORTH IN THE PARTIES' SETTLEMENT AGREEMENT WILL BE PRESCRIBED AS THE MAXIMUM REASONABLE RATES FOR CFI AS BETWEEN THE SIGNATORIES TO THE SETTLEMENT AGREEMENT AND THEIR RESPECTIVE SUCCESSORS OR ASSIGNS.

    Entire Board · CF INDUSTRIES, INC. V. KANEB PIPE LINE PARTNERS, L.P. AND KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. · decision 33957
14. 20 Nov 2006 FD 34869
    GRANTED GARY L. ROBERTS' EXTENSION REQUEST FOR FILING HIS REPLY, UNTIL JANUARY 18, 2007.

    Secretary · HONEY CREEK RAILROAD, INC.--PETITION FOR DECLARATORY ORDER · decision 37554
15. 20 Nov 2006 NOR 42094 (Sub-No. 1)
    GRANTED THE REQUEST OF FORT WORTH & WESTERN RAILROAD COMPANY FOR AN EXTENSION OF TIME TO FILE A RESPONSE TO THE COMPLAINT OF PCI TRANSPORTATION, INC.

    Secretary · PCI TRANSPORTATION, INC. V. FORT WORTH & WESTERN RAILROAD COMPANY · decision 37552
16. 20 Nov 2006 AB 55 (Sub-No. 674X)
    DECISION GRANTED THE INDIANA RAILROAD COMPANY AUTHORIZATION TO ACQUIRE AND OPERATE THE RAIL LINE; DISMISSED THE ABANDONMENT PROCEEDING.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN VIGO COUNTY, IN · decision 37531
17. 20 Nov 2006 FD 34951
    (1) GRANTED PORTLAND & WESTERN RAILROAD, INC.'S MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING; AND (2) ORDERED THAT THE UNREDACTED TRACKAGE RIGHTS AGREEMENT SUBMITTED IN FINANCE DOCKET NO. 34951 WILL BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC.

    Secretary · PORTLAND & WESTERN RAILROAD, INC.-TRACKAGE RIGHTS EXEMPTION-BNSF RAILWAY COMPANY · decision 37523
18. 20 Nov 2006 AB 914-X
    (1) REOPENED THIS PROCEEDING; AND (2) VACATED TO THE EXTENT NECESSARY THE DECISIONS SERVED ON JUNE 28, 2006, AUGUST 25, 2006, AND SEPTEMBER 12, 2006 TO PERMIT THE ABANDONMENT EXEMPTION IN THIS PROCEEDING TO BECOME EFFECTIVE, AND TERMINATED THE OFA PROCESS IN THIS PROCEEDING.

    Director Of Proceedings · McCLOUD RAILWAY COMPANY--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--IN SISKIYOU, SHASTA, AND MODOC COUNTIES, CAL. · decision 37521