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>From the Surface Transportation Board, Washington, D.C.
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Surface Transportation Board Chairman Roger Nober today announced the
results of the voting conference held today, February 23, 2005 by the STB.
The Board voted unanimously to adopt each of the draft decisions in the
nine matters before it. A summary of those votes is attached as a fact
sheet.
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ATTACHMENT
______________
ATTACHMENT
Fact Sheet
VOTING RESULTS OF SURFACE TRANSPORTATION BOARD'S FEBRUARY 23, 2005 VOTING
CONFERENCE
-->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 [General
Oversight], STB Finance Docket No. 33388 (Sub-No. 91).
This proceeding involves a petition by the Commonwealth of Pennsylvania
("Commonwealth") asking the STB to reconsider, and to clarify the language
of a certain portion of, the STB's October 2004 decision ending the
agency's formal, five-year oversight of the 1998 "Conrail merger"
transaction involving the acquisition of "Conrail"assets by the "CSX" and
"Norfolk Southern" railroads.
The Board voted, 3 to 0, not to reconsider its October 2004 decision, but
to address and clarify a particular statement in that decision that
concerns the Commonwealth.
-->James Riffin d/b/a [doing business as] The Northern Central
Railroad--Acquisition and Operation Exemption--in York County, PA, STB
Finance Docket No. 34501.
(Embraced case: James Riffin d/b/a The Northern Central Railroad--Petition
for Declaratory Order, STB Finance Docket No. 34552.
At issue in this case is a State of Maryland petition requesting the
revocation of a class (of transactions) exemption allowing James Riffin,
doing business as The Northern Central Railroad (NCR), to acquire and
operate approximately 19 miles of railroad line, known as the USRA Line
145, in York County, Pennsylvania. Also at issue is NCR's request for a
declaratory order addressing questions regarding federal preemption of
state law.
The STB voted, 3 to 0, to revoke the acquisition and operation exemption
and to deny NCR's petition for a declaratory order.
-->Boston and Maine Corporation and Springfield Terminal Railway Company v.
New England Central Railroad, Inc., STB Finance Docket No. 34612.
This case concerns a complaint and petition for a declaratory order filed
by the Boston and Maine Corporation (BM) and the Springfield Terminal
Railway Company (ST) arising from the July 2004 derailment of a BM-ST train
on track owned by the New England Central Railroad, Inc., the defendant.
The STB voted, 3 to 0, to dismiss the complaint and petition for a
declaratory order as the primary issues presented are more properly the
subject of adjudication before the courts.
-->Ohio Valley Railroad Company--Petition to Restore Switch Connection and
Other Relief, STB Finance Docket No. 34608.
At issue here is a petition filed by the Ohio Valley Railroad Company (OVR)
and Mid-America Locomotive & Car Repair, Inc. requesting (1) that the STB
order the restoration of two Indiana Southwestern Railway (ISW)-owned
switches, that had been removed, connecting OVR's lines with those of ISW,
and (2) temporary emergency and alternative rail service.
The STB voted, 3 to 0, to order ISW to restore a switch connection with
OVR, and otherwise denied the requests for temporary emergency and
alternative service relief.
-->Ohio Valley Railroad Company--Acquisition and Operation
Exemption--Harwood Properties, Inc., STB Finance Docket No. 34486.
This case involves the Indiana Southwestern Railway Co.'s (ISW) petition
requesting that the STB reconsider a prior decision denying an ISW petition
asking the agency either (1) to reject a notice of exemption that would
allow the Ohio Valley Railroad Company (OVR) to acquire and operate certain
trackage in Evansville, Indiana, or (2) to revoke OVR's exemption.
The STB voted, 3 to 0, to find that the agency committed no material error
its prior decision, and to deny ISW's request for reconsideration of that
decision.
-->Central Illinois Railroad Company--Operation Exemption--Rail Line of the
City of Peoria and the Village of Peoria Heights in Peoria and Peoria
Heights, Peoria County, IL, STB Finance Docket No. 34518.
(Embraced case: Pioneer Industrial Railway Company--Petition for
Declaratory Order, STB Finance Docket No. 34636.)
This proceeding involves a petition by the Pioneer Industrial Railway
Company (PIRY) asking the STB (1) to reject or revoke the notice of
exemption allowing the Central Illinois Railroad Company to operate an
8.29-mile railroad line, known as the Kellar Branch, located in and owned
by the City of Peoria and the Village of Peoria Heights, in Peoria County,
Illinois; and (2) to issue a declaratory order to resolve certain related
issues.
The STB voted, 3 to 0, to deny PIRY's request for rejection or revocation
of the exemption, and PIRY's petition for a declaratory order.
-->Atlas Van Lines, Inc., et al.--Pooling Agreement, STB Docket No.
MC-F-21010.
At issue in this proceeding is an application filed by Atlas Van Lines,
Inc. (Atlas), together with Atlas agents participating in the
transportation of the household goods of military and civilian personnel
being relocated by the U.S. Department of Defense, for the STB's approval
of a revised service-pooling agreement among Atlas and its pooling
agents.
The STB voted, 3 to 0, to approve the revised pooling agreement. Under the
revised agreement, instead of being allowed only to hold narrow authorities
to carry military traffic, Atlas' agents will be allowed to hold broader
authorities, but with certain restrictions.
-->Sierra Pacific Industries--Abandonment Exemption--in Amador County, CA,
STB Docket No. AB-512X.
(Embraced case: SierraPine--Discontinuance Exemption--in Amador County, CA,
STB Docket No. AB-880X.)
This case involves a petition by Sierra Pacific Industries (SPI) and
SierraPine seeking an exemption from agency regulation to allow SPI's
abandonment of, and SierraPine's discontinuance of service over, an
approximately 12-mile line of railroad extending from a point at Ione to a
point at Martell, in Amador County, California.
The STB voted, 3 to 0, to grant the exemption, subject to public use,
trails use, and environmental conditions.
-->Union Pacific Railroad Company--Temporary Trackage Rights
Exemption--BNSF Railway Company, STB Finance Docket No. 34417 (Sub-No. 3).
This case concerns a Union Pacific Railroad Company petition requesting
that the STB partially revoke a class (of transactions) exemption to allow
a modified trackage-rights arrangement, authorized through exemption in
another proceeding, to expire on or about May 16, 2005.
The STB voted, 3 to 0, to grant the petition.
The STB provides the above summaries as a courtesy to the public and the
media. The STB's actions in these cases, however, are the agency's written
decisions. Those decisions will be forthcoming. Printed copies of the
decisions will be available for a fee by contacting ASAP Document
Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20706, telephone (202)
306-4004, or via asapdc@xxxxxxxxxxxx The decisions also will be available
for viewing and downloading via the Board's website at
http://www.stb.dot.gov.
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