Week of 27 Nov 2006

Decisions served

1. 1 Dec 2006 AB 33 (Sub-No. 156)
   (1) Proceeding reopened; (2) The Metropolitan Transity Authority's request to vacate the CITU for the 29.15 acres of the right-of-way is granted; and (3) the CITU served on November 8, 2000, is vacated effective as of December 1, 2006, and the CITU will remain in effect for the remainder of the right-of-way.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN HARRIS, FORT BEND, AUSTIN, WHARTON AND COLORADO COUNTIES, TX · decision 37556
2. 1 Dec 2006 FD 34791
   PROVIDED NOTICE THAT TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON A NONCARRIER, FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM WASHINGTON COUNTY, OR CERTAIN RIGHT-OF-WAY AND TRACKAGE, TOTALING APPROXIMATELY 5 MILES, IN WASHINGTON COUNTY.

   Director Of Proceedings · TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON-ACQUISIITION EXEMPTION-CERTAIN ASSETS OF WASHINGTON COUNTY, OR · decision 37491
3. 1 Dec 2006 FD 34810
   PROVIDED NOTICE THAT WASHINGTON COUNTY, OR A NONCARRIER, FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM UNION PACIFIC RAILROAD COMPANY CERTAIN RIGHT-OF-WAY AND TRACKAGE, TOTALING APPROXIMATELY 5 MILES, IN WASHINGTON COUNTY.

   Director Of Proceedings · WASHINGTON COUNTY, OR - ACQUISITION EXEMPTION - CERTAIN ASSETS OF THE UNION PACIFIC RAILROAD COMPANY · decision 37490
4. 30 Nov 2006 FD 34824
   (1) GRANTED THE REQUEST OF CONGRESSMAN JERROLD NADLER FOR AN EXTENSION OF TIME; AND (2) EXTENDED THE DUE DATE FOR FILING A REPLY TO THE PETITION TO DECEMBER 1, 2006.

   Secretary · TRI-STATE BRICK AND STONE OF NEW YORK, INC., AND TRI-STATE TRANSPORTATION, INC.-PETITION FOR DECLARATORY ORDER · decision 37593
5. 30 Nov 2006 FD 33388 (Sub-No. 100)
   DENIED PETITIONERS' JOINT MOTION TO COMPEL DISCOVERY.

   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 37365
6. 28 Nov 2006 NOR 42088
   PROVIDED NOTICE TO REFLECT THE CORRECT YEAR IN THE DECISION SERVED ON NOVEMBER 22, 2006, WHICH INADVERTENTLY CONTAINED AN ERROR ON PAGE 4 OF THE DECISION.

   Secretary · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · also entered in NOR 41191 (Sub-No. 1) · decision 37580
7. 28 Nov 2006 FD 34911 (Sub-No. 1)
   GRANTED A PETITION FOR PARTIAL REVOCATION OF A CLASS EXEMPTION TO PERMIT THE TRACKAGE RIGHTS ARRANGEMENT EXEMPTION IN MONTANA RAIL LINK, INC.-TRACKAGE RIGHTS EXEMPTION-BNSF RAILWAY COMPANY, STB FINANCE DOCKET NO. 34911 (STB SERVED OCTOBER 13, 2006) MRL TRACKAGE RIGHTS TO EXPIRE ON OR ABOUT DECEMBER 31, 2010, SUBJECT TO EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · MONTANA RAIL LINK, INC.--TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 37396
8. 27 Nov 2006 FD 34791
   (1) DIRECTED PORTLAND & WESTERN RAILROAD, INC. (P&W), TO SUBMIT A STATEMENT WITHIN 15 DAYS FROM THE SERVICE DATE OF THIS DECISION AS TO HOW IT WILL CONTINUE TO FULFILL ITS COMMON CARRIER OBLIGATION ONCE THE SHARED USE AGREEMENT'S TERMS TAKE EFFECT; AND (2) ORDERED P&W TO SERVE A COPY OF THIS DECISION WITHIN 5 DAYS OF ITS SERVICE DATE ON ALL SHIPPERS FOR WHICH IT HAS PROVIDED SERVICE FOR IN THE PAST TWO YEARS AND TO CERTIFY THAT IT HAS DONE SO.

   Director Of Proceedings · TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON-ACQUISIITION EXEMPTION-CERTAIN ASSETS OF WASHINGTON COUNTY, OR · also entered in FD 34810 · decision 37492