Week of 22 May 2000

Decisions served

1. 26 May 2000 NOR 41685
   NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT MAY 19, 2000, INVOLVING THE ABOVE-ENTITLED PROCEEDING.

   Secretary · CF INDUSTRIES, INC. V. KOCH PIPELINE COMPANY, L.P. · decision 31059
2. 26 May 2000 AB 55 (Sub-No. 579X)
   NOTICE THAT CSXT HAS FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F--EXEMPT ABANDONMENTS TO ABANDON AN APPROXIMATELY 1.17-MILE LINE OF ITS RAILROAD BETWEEN MILEPOST BD-191.41 AT MONTEZUMA AND MILEPOST BD-192.58 AT HILLSDALE IN PARKE AND VERMILLION COUNTIES, IN.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PARKE AND VERMILLION COUNTIES, IN · decision 31025
3. 26 May 2000 EP 347 (Sub-No. 2)
   UPDATED TABLES CONTAINING 'REVENUE SHORTFALL ALLOCATION METHOD' AND 'AVERAGE REVENUE TO VARIABLE COST>180' PERCENTAGES FOR CLASS I RAILROADS FOR THE PERIOD 1995-1998 FOR INDIVIDUAL CARRIERS, AS WELL AS REGIONAL (EASTERN AND WESTERN) AND NATIONAL COMPOSITE PERCENTAGES, WHICH ARE ATTACHED AS TABLES I AND II.

   Office Of Economics, Environmental Analysis And Administration · RATE GUIDELINES--NON-COAL PROCEEDINGS · decision 31024
4. 26 May 2000 AB 32 (Sub-No. 88X)
   EXEMPTED FROM PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 THE ABANDONMENT BY B & M OF AN APPROXIMATELY 2.95-MILE LINE OF RAILROAD IN ROCKINGHAM AND HILLSBOROUGH COUNTIES, NH , SUBJECT TO CERTAIN CONDITIONS.

   Entire Board · BOSTON AND MAINE CORPORATION--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--ROCKINGHAM AND HILLSBOROUGH COUNTIES, NH · decision 30842
5. 26 May 2000 NOR 42031
   FOUND THAT, EVEN IF CSXT'S ASSESSMENT AND COLLECTION OF THE DISPUTED SURCHARGES HAD NOT BEEN FOUND TO CONSTITUTE AN UNREASONABLE PRACTICE, P&H WAS UNLAWFULLY ASSESSED, AND WOULD NOT BE OBLIGATED TO PAY, SURCHARGES ON THOSE SHIPMENTS THAT WERE ACCEPTED BY CSXT F.O.B. ORIGIN WHEN THE SECTION 7 NON-RECOURSE PROVISION OF THE BILL OF LADING WAS ENDORSED.

   Entire Board · PARRISH & HEIMBECKER, INC.--PETITION FOR DECLARATORY ORDER · decision 30695
6. 25 May 2000 FD 33876
   NOTICE THAT GDOT, HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM GSWR CERTAIN RAILROAD ASSETS, INCLUDING APPROXIMATELY 71.13 MILES OF RAIL LINE EXTENDING BETWEEN ROCHELLE, GA, AND A POINT NEAR PRESTON, GA, AND BETWEEN OMAHA, GA, AND MAHRT, AL.

   Director Of Proceedings · STATE OF GEORGIA, DEPARTMENT OF TRANSPORTATION--ACQUISITION EXEMPTION--GEORGIA SOUTHWESTERN RAILROAD, INC. · decision 31037
7. 25 May 2000 AB 491-X
   GRANTED RJCP'S REQUEST TO EXTEND THE NITU NEGOTIATION PERIOD TO SEPTEMBER 7, 2000.

   Director Of Proceedings · R. J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES--ABANDONMENT EXEMPTION--IN CAMBRIA COUNTY, PA · decision 31036
8. 24 May 2000 AB 550-X
   GRANTED RJCN'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL SEPTEMBER 11, 2000.

   Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/ALLENTOWN LINES, INC.--ABANDONMENT EXEMPTION--IN LEHIGH COUNTY, PA. · decision 31041
9. 24 May 2000 FD 33875
   NOTICE THAT IC HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO THE KCS BETWEEN A CONNECTION AT EASTBRIDGE JUNCTION IN JEFFERSON PARISH, LA, AT IC'S MILEPOST 906.73 IN ITS MCCOMB DISTRICT, TO A CONNECTION AT LAMPERT JUNCTION, IN ORLEANS PARISH, LA, AT IC'S MILEPOST 921.3, IN ITS MCCOMB DISTRICT, A DISTANCE OF 2.8 MILES.

   Director Of Proceedings · THE KANSAS CITY SOUTHERN RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--ILLINOIS CENTRAL RAILROAD COMPANY · decision 31022
10. 24 May 2000 AB 33 (Sub-No. 132X)
    (1) DENIED CITY'S PETITION TO REOPEN; AND (2) FOUND THAT CITY HAS NOT SATISFIED ANY OF THE CRITERIA NECESSARY FOR REOPENING THIS ADMINISTRATIVELY FINAL PROCEEDING.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RIO GRANDE AND MINERAL COUNTIES, CO · decision 30766
11. 23 May 2000 AB 398 (Sub-No. 6X)
    (1) REOPENED THE ABOVE PROCEEDING, AND (2) IMPOSED THE THREE INITIAL CONDITIONS RECOMMENDED IN THE EA, SERVED APRIL 28, 2000, AS SET FORTH IN THIS DECISION.

    Director Of Proceedings · SAN JOAQUIN VALLEY RAILROAD COMPANY -- ABANDONMENT EXEMPTION -- IN KERN COUNTY, CA · decision 31016
12. 22 May 2000 AB 55 (Sub-No. 578X)
    (1) REOPENED THE ABOVE PROCEEDING, AND (2) DIRECTED THAT THE ABANDONMENT EXEMPTION OF THE LINE IS SUBJECT TO THE CONDITIONS THAT CSXT (1) CONDUCT ALL SALVAGE ACTIVITIES WITHIN THE RIGHT-OF WAY, AND (2) CEASE SALVAGE ACTIVITIES IF ARCHAEOLOGICAL ARTIFACTS OR HUMAN REMAINS ARE UNCOVERED AND REPORT TO, AND CONSULT WITH, THE DHPA WITHIN TWO BUSINESS DAYS.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK COUNTY, IN · decision 31052
13. 22 May 2000 AB 33 (Sub-No. 152X)
    RECOMMENDED THAT A CONDITION BE IMPOSED REQUIRING UP TO CONSULT WITH THE NGS AND PROVIDE NGS WITH 90 DAYS' NOTICE PRIOR TO DISTURBING OR DESTROYING ANY GEODETIC MARKERS.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ORANGE COUNTY, TX · decision 31015
14. 22 May 2000 AB 534 (Sub-No. 2X)
    EXEMPTED UNDER 49 U.S.C. 10502, FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903, THE ABANDONMENT BY LAKE STATE OF 37.55 MILES OF RAIL LINE, IN ALPENA AND PRESQUE ISLE COUNTIES, MI, SUBJECT TO TRAIL USE, PUBLIC USE, ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · LAKE STATE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALPENA AND PRESQUE ISLE COUNTIES, MI · decision 30846