Week of 25 Jun 2007

Decisions served

1. 29 Jun 2007 FD 34869
   DECISION (1) GRANTED HONEY CREEK RAILROAD, INC.'S REQUEST FOR LEAVE TO FILE A REBUTTAL AND PROVIDED THAT IT IS DUE BY JULY 11, 2007; AND (2) PROVIDED THAT GARY L. ROBERTS, ET AL.'S RESPONSE IS DUE BY JULY 23, 2007.

   Secretary · HONEY CREEK RAILROAD, INC.--PETITION FOR DECLARATORY ORDER · also entered in AB 865-X · decision 38167
2. 29 Jun 2007 FD 28905 (Sub-No. 29)
   DECISION GRANTED CSX TRANSPORTATION, INC.'S REQUEST FOR AN EXTENSION TO REPLY UNTIL JULY 24, 2007.

   Secretary · CSX CORPORATION-CONTROL-CHESSIE SYSTEM, INC. AND SEABOARD COAST LINE INDUSTRIES, INC. · decision 38158
3. 29 Jun 2007 FD 34075
   DECISION NOTICED THE AVAILABILITY OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR REVIEW AND COMMENT.

   Chief Of Section Of Environmental Analysis · SIX COUNTY ASSOCIATION OF GOVERNMENTS--CONSTRUCTION AND OPERATION EXEMPTION -- RAIL LINE BETWEEN LEVAN AND SALINA, UTAH · decision 38153
4. 29 Jun 2007 FD 35052
   PROVIDED NOTICE THAT THE KANSAS CITY SOUTHERN RAILWAY COMPANY (KCS) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER KCS'S LINE BETWEEN KANSAS CITY, MO, AND GODFREY, IL, A DISTANCE OF APPROXIMATELY 285 MILES.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--THE KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 38133
5. 29 Jun 2007 FD 35048
   PROVIDED NOTICE THAT DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO WISCONSIN CENTRAL LTD. OVER A DISTANCE OF APPROXIMATELY 154.6 MILES IN MN.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--TRACKAGE RIGHTS EXEMPTION--DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY · decision 38128
6. 29 Jun 2007 FD 35047
   PROVIDED NOTICE THAT DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO WISCONSIN CENTRAL LTD. OVER A DISTANCE OF APPROXIMATELY 80.80 MILES IN THE STATES OF MINNESOTA AND WISCONSIN.

   Director Of Proceedings · WISCONSIN CENTRAL LTD. -TRACKAGE RIGHTS EXEMPTION-DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY · decision 38126
7. 29 Jun 2007 FD 35050
   PROVIDED NOTICE THAT WISCONSIN CENTRAL LTD. HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY OVER A LINE OF RAILROAD, A DISTANCE OF APPROXIMATELY 296.7 MILES, IN THE STATE OF WISCONSIN.

   Director Of Proceedings · DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--WISCONSIN CENTRAL LTD. · decision 38123
8. 29 Jun 2007 FD 35049
   PROVIDED NOTICE THAT WISCONSIN CENTRAL LTD. AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY OVER A DISTANCE OF APPROXIMATELY 296.7 MILES IN WISCONSIN.

   Director Of Proceedings · DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--WISCONSIN CENTRAL LTD. · decision 38121
9. 29 Jun 2007 FD 35046
   PROVIDED NOTICE THAT DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY AGREED TO AMEND THE EXISTING OVERHEAD TRACKAGE RIGHTS PREVIOUSLY GRANTED TO DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY, ON A DISTANCE OF APPROXIMATELY 60 MILES IN MINNESOTA.

   Director Of Proceedings · DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY--AMENDED TRACKAGE RIGHTS EXEMPTION--DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY · decision 38120
10. 29 Jun 2007 FD 35045
    PROVIDED NOTICE THAT DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY AGREED TO AMEND THE EXISTING OVERHEAD TRACKAGE RIGHTS PREVIOUSLY GRANTED TO DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY, ON A DISTANCE OF APPROXIMATELY 64 MILES IN MINNESOTA.

    Director Of Proceedings · DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY--AMENDED TRACKAGE RIGHTS EXEMPTION--DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY · decision 38119
11. 29 Jun 2007 AB 43 (Sub-No. 176X)
    DECISION GRANTED ILLINOIS CENTRAL RAILROAD COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY FROM MILEPOST 70.20 TO MILEPOST 70.30 IN RANKIN COUNTY, MS, UNTIL DECEMBER 31, 2007.

    Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN RANKIN COUNTY, MS · decision 38104
12. 29 Jun 2007 AB 290 (Sub-No. 288X)
    DECISION (1) REOPENED THIS PROCEEDING; (2) GRANTED BP RAIL CORPORATION'S REQUEST TO TOLL THE TIME PERIOD TO FILE AN OFFER OF FINANCIAL ASSISTANCE UNTIL JULY 30, 2007; (3) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION UNTIL AUGUST 9, 2007; AND (4) DIRECTED NORFOLK SOUTHERN RAILWAY COMPANY TO FOLLOW THE RECOMMENDATIONS SERVED IN AN ENVIRONMENTAL ASSESSMENT BY THE BOARD'S SECTION OF ENVIRONMENTAL ANALYSIS ON JUNE 5, 2007 IN THIS PROCEEDING.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN BERGEN COUNTY, NJ · decision 38103
13. 29 Jun 2007 AB 55 (Sub-No. 683X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN GREENBRIER COUNTY, WV · decision 38098
14. 29 Jun 2007 AB 570 (Sub-No. 2X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Office Of Economics, Environmental Analysis And Administration · PALOUSE RIVER & COULEE CITY RAILROAD, INC.-ABANDONMENT EXEMPTION-IN LATAH COUNTY, ID · decision 37970
15. 29 Jun 2007 FD 34075
    DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR SIX COUNTY ASSOCIATION OF GOVERNMENTS' PROPOSED 43-MILE RAIL LINE IN SANPETE, SEVIER, AND JUAB COUNTIES, UTAH.

    Chief Of Section Of Environmental Analysis · SIX COUNTY ASSOCIATION OF GOVERNMENTS--CONSTRUCTION AND OPERATION EXEMPTION -- RAIL LINE BETWEEN LEVAN AND SALINA, UTAH · decision 37679
16. 28 Jun 2007 FD 35048
    DECISION GRANTED THE MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · WISCONSIN CENTRAL LTD.--TRACKAGE RIGHTS EXEMPTION--DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY · decision 38129
17. 28 Jun 2007 FD 35047
    DECISION GRANTED THE MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · WISCONSIN CENTRAL LTD. -TRACKAGE RIGHTS EXEMPTION-DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY · decision 38127
18. 28 Jun 2007 FD 35050
    DECISION GRANTED THE MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--WISCONSIN CENTRAL LTD. · decision 38124
19. 28 Jun 2007 FD 35049
    DECISION GRANTED THE MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--WISCONSIN CENTRAL LTD. · decision 38122
20. 28 Jun 2007 AB 290 (Sub-No. 281X)
    DECISION GRANTED THE CITY OF ALBEMARLE'S REQUEST FOR A 180-DAY EXTENSION OF THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT (NITU) NEGOTIATING PERIOD IN THIS PROCEEDING AND EXTENDED THE NITU NEGOTIATING PERIOD THROUGH DECEMBER 9, 2007.

    Director Of Proceedings · YADKIN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN STANLY COUNTY, NC · decision 38111
21. 28 Jun 2007 AB 55 (Sub-No. 679X)
    PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A NOTICE OF EXEMPTION TO ABANDON A 1.4-MILE LINE OF RAILROAD IN DELAWARE COUNTY, IN.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN DELAWARE COUNTY, IN · decision 38101
22. 28 Jun 2007 AB 976 (Sub-No. 2X)
    PROVIDED NOTICE THAT PITTSBURG & SHAWMUT RAILROAD, LLC FILED A NOTICE OF EXEMPTION TO ABANDON, AND BUFFALO & PITTSBURGH RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE AND OPERATING RIGHTS OVER, APPROXIMATELY 35.95 MILES OF RAIL LINE IN CLARION AND JEFFERSON COUNTIES, PA.

    Director Of Proceedings · PITTSBURG & SHAWMUT RAILROAD, LLC--ABANDONMENT EXEMPTION--IN CLARION AND JEFFERSON COUNTIES, PA. · also entered in AB 369 (Sub-No. 6X) · decision 38081
23. 28 Jun 2007 AB 1004-X
    PROVIDED NOTICE THAT SHANNON TRANSPORT, INC. FILED A NOTICE OF EXEMPTION TO ABANDON, AND BUFFALO & PITTSBURGH RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE AND OPERATING RIGHTS OVER 12.5 MILES OF RAIL LINE IN CLARION COUNTY, PA.

    Director Of Proceedings · SHANNON TRANSPORT, INC.--ABANDONMENT EXEMPTION--IN CLARION COUNTY, PA. · also entered in AB 369 (Sub-No. 6X) · decision 38080
24. 28 Jun 2007 AB 6 (Sub-No. 459X)
    DECISION REOPENED THIS PROCEEDING AND IMPOSED ENVIRONMENTAL CONDITIONS RECOMMENDED BY THE SECTION OF ENVIRONMENTAL ANALYSIS IN THE ENVIRONMENTAL ASSESSMENT.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KING COUNTY, WA · decision 38078
25. 28 Jun 2007 EP 656
    DECISION GRANTED AN EXTENSION FROM SEPTEMBER 4, 2007, UNTIL JANUARY 1, 2008, OF THE EFFECTIVE DATE OF THE BOARD'S DECISION TERMINATING ITS APPROVAL OF ALL 12 OF THE MOTOR CARRIER BUREAU AGREEMENTS THAT ARE STILL IN EFFECT.

    Entire Board · MOTOR CARRIER BUREAUS--PERIODIC REVIEW PROCEEDING · also entered in EP 656 (Sub-No. 1), S5M 46 (Sub-No. 20) · decision 38038
26. 27 Jun 2007 AB 1012
    DECISION GRANTED THE SHOPS AT KINGSBURY SQUARE, LLC'S REQUEST FOR WITHDRAWAL OF ITS PETITION FOR PARTIAL WAIVER OF ABANDONMENT REGULATIONS AND FOR EXEMPTIONS AND DISMISSED THIS PROCEEDING WITH PREJUDICE.

    Secretary · THE SHOPS AT KINGSBURY SQUARE, LLC--ADVERSE ABANDONMENT--CHICAGO TERMINAL RAILROAD IN CHICAGO, IL · decision 38151
27. 27 Jun 2007 EP 672
    DECISION PROVIDED THE SCHEDULE OF APPEARANCES FOR THE PUBLIC HEARING ON JULY 18, 2007, IN THIS PROCEEDING.

    Secretary · RAIL TRANSPORTATION OF RESOURCES CRITICAL TO THE NATION'S ENERGY SUPPLY · decision 38149
28. 27 Jun 2007 AB 33 (Sub-No. 243X)
    PROVIDED NOTICE TO THE PARTIES THAT A FEDERAL REGISTER NOTICE PUBLISHED IN THIS PROCEEDING INADVERTENTLY STATED IF CONSUMMATION HAD NOT BEEN EFFECTED BY THE CARRIER'S 'FILING OF A NOTICE OF CONSUMMATION BY JULY 18, 2008,' THE AUTHORITY TO ABANDON WILL AUTOMATICALLY EXPIRE. THE CORRECT DATE SHOULD HAVE BEEN JUNE 18, 2008.

    Secretary · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN DEKALB COUNTY, IL · decision 38148
29. 27 Jun 2007 FD 34753
    DECISION (1) DENIED PIONEER INDUSTRIAL COMPANY'S (PIRY) REQUEST TO REJECT CENTRAL ILLINOIS RAILROAD COMPANY'S (CIRY) NOTICE OF EXEMPTION; (2) DENIED PIRY'S REQUEST TO REOPEN THE PROCEEDING AND REVOKE CIRY'S OPERATION EXEMPTION; AND (3) DIRECTED CIRY BY JULY 27, 2007, TO SHOW CAUSE WHY IT SHOULD NOT BE REQUIRED TO OBTAIN BOARD AUTHORITY TO OPERATE OVER AN ADJACENT CONNECTING TRACK, OR CEASE OPERATING OVER THE TRACKAGE.

    Entire Board · CENTRAL ILLINOIS RAILROAD COMPANY-OPERATION EXEMPTION-RAIL LINE OF THE CITY OF PEORIA, IL · decision 37670
30. 27 Jun 2007 FD 34914
    DECISION GRANTED DESERTXPRESS ENTERPRISES, LLC'S PETITION FOR DECLARATORY ORDER, FINDING THAT ITS PROPOSED CONSTRUCTION IN THIS PROCEEDING IS NOT SUBJECT TO STATE AND LOCAL ENVIRONMENTAL REVIEW, LAND USE RESTRICTIONS, OR OTHER DISCRETIONARY PERMITTING REQUIREMENTS BECAUSE OF FEDERAL PREEMPTION; AND (2) DISCONTINUED THIS PROCEEDING.

    Entire Board · DESERTXPRESS ENTERPRISES, LLC--PETITION FOR DECLARATORY ORDER · decision 37656
31. 27 Jun 2007 NOR 42080
    DECISION DISCONTINUED THIS PROCEEDING.

    Secretary · MINNESOTA NORTHERN RAILROAD, INC. V. CANADIAN NATIONAL RAILWAY COMPANY · decision 37441
32. 26 Jun 2007 AB 55 (Sub-No. 683X)
    PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A NOTICE OF EXEMPTION TO ABANDON A 13.6-MILE LINE OF RAILROAD IN GREENBRIER COUNTY, WV.

    Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN GREENBRIER COUNTY, WV · decision 38091
33. 26 Jun 2007 FD 35019
    DECISION (1) DENIED WESTERN NEW YORK AND PENNSYLVANIA RAILROAD, LLC'S REQUEST FOR WAIVER OF 49 CFR 1150.42(E) AND PROVIDED THAT THE EXEMPTION CANNOT BECOME EFFECTIVE UNTIL AUGUST 3, 2007; AND (2) DENIED UNITED TRANSPORTATION UNION-NEW YORK STATE LEGISLATIVE BOARD'S PETITION TO REJECT AND REQUEST FOR STAY OF THE EFFECTIVE DATE OF THE EXEMPTION.

    Entire Board · WESTERN NEW YORK & PENNSYLVANIA RAILROAD, LLC--LEASE AND OPERATION EXEMPTION--CERTAIN ASSETS OF NORFOLK SOUTHERN RAILWAY COMPANY AND CHAUTAUQUA, CATTARAUGUS, ALLEGANY AND STEUBEN SOUTHERN TIER EXTENSION RAILROAD AUTHORITY · decision 38089
34. 26 Jun 2007 AB 55 (Sub-No. 678X)
    DECISION REOPENED THIS PROCEEDING AND PROVIDED THAT THE EXEMPTION OF THE ABANDONMENT OF THE RAIL LINE DESCRIBED IN THIS PROCEEDING IS SUBJECT TO THE CONDITION THAT CSX TRANSPORTATION, INC. SHALL NOTIFY NATIONAL GEODETIC SURVEY (NGS) AT LEAST 90 DAYS PRIOR TO BEGINNING SALVAGE ACTIVITIES IN ORDER TO PLAN FOR THE POSSIBLE RELOCATION OF THE THREE GEODETIC STATION MARKERS BY NGS.

    Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN CLAY COUNTY, IL · decision 38066
35. 25 Jun 2007 MCF 21022-TA
    DECISION AUTHORIZED CALLEN HOTARD ON AN INTERIM BASIS TO ACQUIRE MANAGEMENT CONTROL OF HOTARD COACHES, INC. AND PROVIDED THAT THE APPLICATION FOR PERMANENT AUTHORITY WILL BE ADDRESSED IN A SEPARATE DECISION.

    Entire Board · CALLEN HOTARD--ACQUISITION--HOTARD COACHES, INC. · decision 38131
36. 25 Jun 2007 FD 35020
    DECISION DENIED NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S PETITION FOR A FURTHER STAY OF THE EFFECTIVE DATE OF NORTHERN BERGEN RAILROAD, L.L.C.'S ACQUISITION EXEMPTION IN THIS PROCEEDING.

    Commissioner · NORTHERN AND BERGEN RAILROAD, L.L.C.--ACQUISITION EXEMPTION--A LINE OF RAILROAD OWNED BY NEW YORK & GREENWOOD LAKE RAILWAY · decision 38114