Week of 11 Dec 2006

Decisions served

1. 15 Dec 2006 AB 303 (Sub-No. 26X)
   GRANTED THE REQUEST OF THE CITY OF ASHLAND, WI TO EXTEND THE NITU NEGOTIATING PERIOD FOR AN ADDITIONAL 180 DAYS UNTIL JUNE 18, 2007.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN ASHLAND COUNTY, WIS. · decision 37627
2. 15 Dec 2006 FD 34972
   PROVIDED NOTICE THAT FORTRESS INVESTMENT GROUP LLC, ON BEHALF OF CERTAIN PRIVATE EQUITY FUNDS MANAGED BY IT AND ITS AFFILIATES AND RR ACQUISITION HOLDING LLC, (COLLECTIVELY, APPLICANTS), BOTH NONCARRIERS, FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE CONTROL OF RAILAMERICA, INC, (RAILAMERICA), PALM BEACH RAIL HOLDING, INC., RAILAMERICA TRANSPORTATION CORP., AND RAILAMERICA'S 30 FREIGHT RAIL CARRIER SUBSIDIARIES LOCATED IN THE UNITED STATES (RAILAMERICA RAILROADS).

   Director Of Proceedings · FORTRESS INVESTMENT GROUP LLC, ET AL.--CONTROL EXEMPTION--RAILAMERICA, INC., ET AL. · decision 37604
3. 15 Dec 2006 EP 647
   DENIED THE PETITION FOR RULEMAKING AND INSTITUTION OF A PROCEEDING TO EXEMPT A CLASS OF SMALL CARRIERS FROM THE PRIOR APPROVAL REQUIREMENTS FOR ABANDONMENTS UNDER 49 U.S.C. 10903; DISCONTINUED THIS PROCEEDING.

   Entire Board · CLASS EXEMPTION FOR EXPEDITED ABANDONMENT PROCEDURE FOR CLASS II AND CLASS III RAILROADS · decision 37240
4. 14 Dec 2006 EP 657 (Sub-No. 1)
   PROVIDED NOTICE THAT COURT ACTIONS WERE INSTITUTED, ON OR ABOUT DECEMBER 6, 7, AND 12, 2006, IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

   Secretary · MAJOR ISSUES IN RAIL RATE CASES · decision 37640
5. 14 Dec 2006 AB 55 (Sub-No. 577X)
   GRANTED CSX'S TRANSPORTATION, INC. AN EXTENSION FOR THE NITU NEGOTIATING PERIOD, UNTIL JUNE 12, 2007, AND EXTENDED THE CONSUMMATION NOTICE FILING DEADLINE, UNTIL AUGUST 11, 2007.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WAYNE COUNTY, IN · decision 37637
6. 14 Dec 2006 FD 34920
   GRANTED THE REQUEST OF SAVANNAH PORT TERMINAL RAILROAD, INC. FOR AN EXTENSION OF TIME FOR FILING A RESPONSE TO CAPITAL CARGO, INC.'S DISMISSAL REQUEST AND CROSS-COMPLAINT.

   Secretary · SAVANNAH PORT TERMINAL RAILROAD, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES AS APPLIED TO CAPITAL CARGO, INC. · decision 37633
7. 14 Dec 2006 FD 34960
   (1) GRANTED THE CHICAGO LAKE SHORE AND SOUTH BEND RAILWAY COMPANY'S MOTION FOR A PROTECTIVE ORDER; AND (2) ORDERED THAT THE DOCUMENTS AND INFORMATION IN CONNECTION WITH THIS PROCEEDING WILL BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC, UNLESS OTHERWISE ORDERED BY THE BOARD.

   Secretary · THE CHICAGO, LAKE SHORE AND SOUTH BEND RAILWAY COMPANY-ACQUISITION AND OPERATION EXEMPTION-NORFOLK SOUTHERN RAILWAY COMPANY · decision 37619
8. 14 Dec 2006 AB 6 (Sub-No. 422X)
   ORDERED THAT BNSF RAILWAY COMPANY HAS AN EXTENSION OF TIME TO FILE A NOTICE OF CONSUMMATION, AND EXERCISE THE AUTHORITY TO ABANDON, UNTIL DECEMBER 31, 2007.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SNOHOMISH COUNTY, WA · decision 37592
9. 14 Dec 2006 AB 6 (Sub-No. 435X)
   EXTENDED BNSF RAILWAY COMPANY'S TIME TO FILE A NOTICE OF CONSUMMATION, AND EXERCISE THE AUTHORITY OF ABANDON, UNTIL DECEMBER 31, 2007.

   Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN ROCK ISLAND AND WHITESIDE COUNTIES, IL · decision 37591
10. 14 Dec 2006 FD 34964
    GRANTED THE REQUEST OF EVRAZ GROUP S.A. FOR WITHDRAWAL OF ITS NOTICE OF EXEMPTION AND DISMISSED THE PROCEEDING.

    Director Of Proceedings · EVRAZ GROUP S.A.-ACQUISITION EXEMPTION-OREGON STEEL MILLS, INC. · decision 37579
11. 14 Dec 2006 FD 34958
    PROVIDED NOTICE THAT NEVADA PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO LEASE FROM PAN WESTERN CORPORATION (PAN WESTERN) AND OPERATE APPROXIMATELY 2.66 MILES OF PRIVATE RAIL LINE OWNED BY PAN WESTERN, EXTENDING BETWEEN MILEPOST 0.0, AND MILEPOST 2.66, IN CLARK COUNTY, NV.

    Director Of Proceedings · NEVADA PACIFIC RAILROAD CORPORATION-LEASE AND OPERATION EXEMPTION-RAIL LINES OF PAN WESTERN CORPORATION · decision 37546
12. 13 Dec 2006 FD 33388 (Sub-No. 100)
    GRANTED THE REQUEST FOR MODIFICATION OF THE PROCEDURAL SCHEDULE; PETITIONERS' REPLY TO COMMENTS ON THEIR SUPPLEMENTED PETITION IS DUE ON JANUARY 15, 2007.

    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 37636
13. 13 Dec 2006 FD 34971
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO STILLWATER CENTRAL RAILROAD OVER BNSF'S LINE OF RAILROAD BETWEEN MILEPOST 688.0 IN ALTUS, OK, AND MILEPOST 668.73 IN LONG, OK, A DISTANCE OF APPROXIMATELY 19.3 MILES.

    Director Of Proceedings · BNSF RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-STILLWATER CENTRAL RAILROAD · decision 37597
14. 13 Dec 2006 FD 34970
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO STILLWATER CENTRAL RAILROAD OVER BNSF'S LINE OF RAILROAD BETWEEN MILEPOST 423.06, IN TULSA, OK, AND MILEPOST 438.90, IN SAPULPA, OK, A DISTANCE OF APPROXIMATELY 15.84 MILES.

    Director Of Proceedings · BNSF RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-STILLWATER CENTRAL RAILROAD · decision 37596
15. 13 Dec 2006 AB 55 (Sub-No. 625X)
    GRANTED CSX TRANSPORTATION, INC.'S REQUESTS: (1) EXTENDED THE NITU NEGOTIATING PERIOD, UNTIL MAY 22, 1997, AND (2) EXTENDED THE DEADLINE TO EXERCISE ABANDONMENT AUTHORITY UNTIL JULY 21, 2007.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PRESTON COUNTY, W. VA. · decision 37576
16. 13 Dec 2006 AB 55 (Sub-No. 665X)
    REOPENED THIS PROCEEDING; REMOVED PREVIOUSLY IMPOSED CONDITION.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN HARLAN AND LETCHER COUNTIES, KY · decision 37572
17. 13 Dec 2006 AB 33 (Sub-No. 219X)
    REOPENED THIS PROCEEDING TO REMOVE THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE MAY 2005 DECISION.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN DOUGLAS AND CHAMPAIGN COUNTIES, IL · decision 37559
18. 13 Dec 2006 AB 290 (Sub-No. 281X)
    REOPENED THIS PROCEEDING TO IMPOSE THE FOUR CONDITIONS IMPOSED BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS.

    Director Of Proceedings · YADKIN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN STANLY COUNTY, NC · decision 37550
19. 13 Dec 2006 AB 994-X
    REOPENED THIS PROCEEDING TO IMPOSE NEW CONDITIONS AS RECOMMENDED BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS.

    Director Of Proceedings · KETTLE FALLS INTERNATIONAL RAILWAY, LLC--ABANDONMENT EXEMPTION--IN FERRY COUNTY, WA · decision 37539
20. 12 Dec 2006 FD 34963
    (1) GRANTED THE REQUEST OF THE RARITAN VALLEY CONNECTING RAILROAD FOR LEAVE TO FILE THE AMENDED NOTICE OF EXEMPTION; AND (2) ORDERED THAT ANY REQUESTS FOR A STAY OF EFFECTIVENESS OF THE AMENDED NOTICE OF EXEMPTION MUST BE FILED BY DECEMBER 29, 2006.

    Director Of Proceedings · JAMES RIFFIN D/B/A THE RARITAN VALLEY CONNECTING RAILROAD-ACQUISITION AND OPERATION EXEMPTION-ON RARITAN VALLEY CONNECTING TRACK · decision 37601
21. 12 Dec 2006 FD 34969
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER BNSF'S LINES BETWEEN MILEPOST 146.0, HOBART, CA, AND MILEPOST 9.8, RIVERSIDE, CA, A DISTANCE OF APPROXIMATELY 55 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 37589
22. 12 Dec 2006 FD 34931
    (1) DISMISSED WITH PREJUDICE, THE PETITIONS FOR AN EMERGENCY SERVICE ORDER AND AUTHORIZATION OF ALTERNATIVE RAIL SERVICE FOR IMMEDIATE RELIEF; AND (2) DISCONTINUED THIS PROCEEDING.

    Secretary · ALBEMARLE CORPORATION--ALTERNATIVE RAIL SERVICE--LINE OF THE LOUISIANA AND NORTH WEST RAILROAD COMPANY · decision 37561
23. 12 Dec 2006 AB 6 (Sub-No. 428X)
    GRANTED BNSF RAILWAY COMPANY UNTIL FEBRUARY 10, 2007 TO FILE ITS NOTICE OF CONSUMMATION.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN COLFAX COUNTY, NM · decision 37524
24. 12 Dec 2006 AB 565 (Sub-No. 1X)
    REOPENED THIS PROCEEDING; MODIFIED THE ABANDONMENT EXEMPTION SERVED OCTOBER 12, 2001, AND GRANTED CSX TRANSPORTATION, INC.'S REQUESTS: (1) EXTENDED THE NITU NEGOTIATING PERIOD UNTIL MAY 24, 2007, AND (2) EXTENDED THE DEADLINE TO EXERCISE THE ABANDONMENT AUTHORITY, UNTIL JULY 23, 2007.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 37479
25. 11 Dec 2006 NOR 42094 (Sub-No. 1)
    EXTENDED THE TIME FOR PCI TRANSPORTATION, INC. TO FILE A REPLY TO FORT WORTH & WESTERN RAILROAD COMPANY'S MOTION TO DECEMBER 22, 2006.

    Secretary · PCI TRANSPORTATION, INC. V. FORT WORTH & WESTERN RAILROAD COMPANY · decision 37625
26. 11 Dec 2006 NOR 42098
    DECISION ORDERED THAT MEDIATION IS TO BE PROVIDED; THE PROCEDURAL SCHEDULE IS HELD IN ABEYANCE PENDING THE CONCLUSION OF MEDIATION.

    Secretary · WILLIAMS OLEFINS, L.L.C. v. GRAND TRUNK CORPORATION · decision 37578
27. 11 Dec 2006 FD 34959
    PROVIDED NOTICE THAT PURSUANT TO A TRACKAGE RIGHTS AGREEMENT DATED NOVEMBER 13, 2006, BETWEEN IOWA INTERSTATE RAILROAD, LTD. (IAIS) AND BNSF RAILWAY COMPANY (BNSF), IAIS HAS AGREED TO GRANT BNSF OVERHEAD TRACKAGE RIGHTS: (A) ON IAIS'S MAIN LINE BETWEEN MILEPOST 170.2, AT COLONA, IL, AND MILEPOST 175.4, AT EAST MOLINE, IL, A DISTANCE OF 5.2 MILES, AND (B) OVER VARIOUS MEETING OR PASSING TRACKS CONNECTING WITH IAIS'S MAIN LINE, AS IAIS MAY DESIGNATE(THE JOINT TRACKAGE).

    Director Of Proceedings · IOWA INTERSTATE RAILROAD, LTD.-TRACKAGE RIGHTS EXEMPTION-BNSF RAILWAY COMPANY · decision 37571
28. 11 Dec 2006 AB 290 (Sub-No. 286)
    PROVIDED NOTICE THAT THE CITY OF SOUTH BEND, IN, THE BROTHERS OF HOLY CROSS, INC. AND THE SISTERS OF THE HOLY CROSS, INC. FILED AN APPLICATION UNDER 49 U.S.C. 10903, REQUESTING THAT THE SURFACE TRANSPORTATION BOARD AUTHORIZE THE THIRD-PARTY OR ADVERSE ABANDONMENT OF APPROXIMATELY 3.7 MILES OF RAILROAD LINES OWNED BY NORFOLK SOUTHERN RAILWAY COMPANY, ALL IN ST. JOSEPH COUNTY, IN.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ADVERSE ABANDONMENT--ST. JOSEPH COUNTY, IND. · decision 37564
29. 11 Dec 2006 AB 290 (Sub-No. 284X)
    REOPENED THIS PROCEEDING TO IMPOSE THE THREE ENVIRONMENTAL CONDITIONS AS RECOMMENDED BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KALAMAZOO COUNTY, MI · decision 37551