Week of 19 Jun 2000

Decisions served

1. 23 Jun 2000 AB 290 (Sub-No. 206X)
   GRANTED MADISON TRANSIT'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO JULY 27, 2000.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MADISON COUNTY, IL · decision 31121
2. 23 Jun 2000 AB 55 (Sub-No. 571X)
   GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY FOR THE ABOVE-DESCRIBED LINE, WHICH MUST BE EXERCISED ON OR BEFORE SEPTEMBER 16, 2000.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN SAGINAW COUNTY, MI · decision 31118
3. 23 Jun 2000 FD 33888
   NOTICE THAT TRI-CITY HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO LEASE FROM THE PORT OF BENTON (POB) AND OPERATE APPROXIMATELY 17 MILES OF RAIL LINE CURRENTLY OWNED BY THE POB, KNOWN AS THE HANFORD SITE RAIL SYSTEM, SOUTHERN CONNECTION EXTENDING FROM MILEPOST 46.6 AT THE JUNCTION WITH THE UNION PACIFIC RAIL LINE IN RICHLAND, WA, TO MILEPOST 28.3 AT THE BORDER TO THE U.S. DEPARTMENT OF ENERGY'S HANFORD SITE, CONNECTING WITH THE HANFORD SITE RAIL SYSTEM, NORTHERN CONNECTION (NORTH OF THE CITY OF RICHLAND).

   Director Of Proceedings · TRI-CITY RAILROAD COMPANY, L.L.C.--LEASE AND OPERATION EXEMPTION--RAIL LINE OF PORT OF BENTON IN RICHLAND, WA · decision 31116
4. 23 Jun 2000 FD 33879 (Sub-No. 1)
   GRANTED A PETITION FOR EXEMPTION TO PERMIT UP'S OVERHEAD TRACKAGE RIGHTS OVER CERTAIN RAIL LINES OF THE BNSF TO EXPIRE ON JUNE 25, 2000, AS AGREED TO BY THE PARTIES WITHOUT THE NEED FOR UP TO OBTAIN DISCONTINUANCE AUTHORITY.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 31100
5. 23 Jun 2000 AB 406 (Sub-No. 6X)
   (1) DENIED THE MOTIONS TO STRIKE OR REJECT FILED BY CENTRAL KANSAS RAILWAY (CKR); AND (2) DIRECTED CENTRAL KANSAS CONSERVANCY INC. AND/OR CKR TO SHOW CAUSE THAT THE TRAIL SPONSOR IS MEETING ITS RESPONSIBILITIES UNDER KANSAS LAW FOR TAXES, LEGAL LIABILITY, AND TRAIL MANAGEMENT AND THAT THE TRAIL CONDITION SHOULD NOT BE REVOKED.

   Entire Board · CENTRAL KANSAS RAILWAY, LIMITED LIABILITY COMPANY--ABANDONMENT EXEMPTION--IN MARION AND MCPHERSON COUNTIES, KS · decision 31094
6. 23 Jun 2000 FD 33838
   NOTICE THAT METRO HAS FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM CSXT CERTAIN RAILROAD ASSETS BETWEEN APPROXIMATELY MILEPOST 16.38 IN CANTON, OH, AND APPROXIMATELY MILEPOST 40.42 IN AKRON, OH, A DISTANCE OF APPROXIMATELY 24.58 RAIL MILES IN STARK AND SUMMIT COUNTIES, OH.

   Director Of Proceedings · METRO REGIONAL TRANSIT AUTHORITY--ACQUISITION EXEMPTION--CSX TRANSPORTATION, INC. · decision 31070
7. 23 Jun 2000 AB 55 (Sub-No. 579X)
   (1) REOPENED THE ABOVE PROCEEDING, AND (2) ORDERED, THE EXEMPTION OF THE ABANDONMENT OF THE RAIL LINE DESCRIBED ABOVE IS SUBJECT TO THE CONDITIONS THAT CSXT SHALL: (A) BE PROHIBITED FROM CONDUCTING SALVAGE OPERATIONS BETWEEN THE PERIODS OF APRIL 15 THRU SEPTEMBER 15 TO PREVENT THE POSSIBLE INCIDENTAL TAKE OF THE ENDANGERED SPECIES LOCATED WITHIN THE RIGHT-OF-WAY; (B) BE PROHIBITED FROM CONDUCTING IN-CHANNEL WORK DURING THE FISH-SPAWNING SEASON FROM APRIL 1 THRU JUNE 30 AND BEST MANAGEMENT PRACTICES SHALL BE USED TO AVOID OR MINIMIZE RUNOFF OF SEDIMENT OR TOXIC SUBSTANCES INTO THE WATERWAYS; (C) PRIOR TO SALVAGE OPERATIONS CONSULT WITH THE FWS TO DEVISE A PLAN SO THAT SALVAGE OPERATIONS WOULD AVOID ALL WETLANDS IMPACTS INCLUDING DRAINAGE, FILLING, TREE CLEARING, AND DISPOSAL OF DEBRIS OCCURRING WITHIN THE PROPOSED PROJECT AREA; AND (D) RETAIN ITS INTEREST IN AND TAKE NO STEPS TO ALTER THE HISTORIC INTEGRITY OF THE WABASH RIVER BRIDGE AND THE CH&D DEPOT UNTIL COMPLETION OF THE SECTION 1

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PARKE AND VERMILLION COUNTIES, IN · decision 31065
8. 23 Jun 2000 AB 559 (Sub-No. 1X)
   GRANTED (1) JOINT PETITIONS FILED BY GAULEY RIVER AND CSXT TO REOPEN THE ABOVE PROCEEDINGS; AND (2) PETITIONERS' REQUEST FOR AN EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903, PERMITTING THEM TO ABANDON AND DISCONTINUANCE SERVICE OVER THREE RAIL LINE SEGMENTS, TOTALING 30.7 MILES, IN WEBSTER AND NICOLAS COUNTIES, WV.

   Entire Board · GAULEY RIVER RAILROAD, LLC--ABANDONMENT AND DISCONTINUANCE OF SERVICE--IN WEBSTER AND NICHOLAS COUNTIES, WV · also entered in AB 55 (Sub-No. 572X) · decision 30646
9. 22 Jun 2000 FD 33882
   NOTICE THAT KASGRO RAIL CORP., HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.3 TO LEASE FROM EASX CORPORATION AND RAIL SERVICES CORPORATION AND OPERATE TWO BRANCHES OF RAIL LINE TOTALING APPROXIMATELY 3.5 MILES IN LENGTH IN NEW CASTLE, LAWRENCE COUNTY, PA.

   Director Of Proceedings · KASGRO RAIL CORP.--LEASE AND OPERATION EXEMPTION--EASX CORPORATION AND RAIL SERVICES CORPORATION · decision 31101
10. 22 Jun 2000 EP 572 (Sub-No. 1)
    DENIED THE PETITION FOR RECONSIDERATION FILED BY JOSEPH C. SZABO, FOR AN ON BEHALF OF UNITED TRANSPORTATION UNION-ILLINOIS LEGISLATIVE BOARD.

    Entire Board · REMOVAL, REVISION, AND REDESIGNATION OF MISCELLANEOUS REGULATIONS · decision 30938
11. 21 Jun 2000 NOR 42051
    (1) DENIED PETITIONERS' INTERLOCUTORY APPEAL OF PROVISIONS OF THE ALJ'S DISCOVERY ORDER; (2) DISMISSED AS MOOT THE MOTION TO QUASH THE SUBPOENA DUCES TECUM ISSUED IN CONJUNCTION WITH THE ALJ'S DISCOVERY ORDER; (3) ORDERED LEPA TO COMPLY WITH THE SUBPOENA DUCES TECUM ON OR BEFORE 14 DAYS AFTER THE SERVICE DATE OF THIS DECISION; AND (4) DENIED WITHOUT PREJUDICE WPL'S MOTION FOR SANCTIONS AGAINST UP.

    Entire Board · WISCONSIN POWER AND LIGHT COMPANY V. UNION PACIFIC RAILROAD COMPANY · decision 31057
12. 21 Jun 2000 FD 33388
    REOPENED THE ABOVE PROCEEDING AND MODIFIED THE ENVIRONMENTAL CONDITION IMPOSED IN DECISION NO. 89 IN LIGHT OF THE NEGOTIATED AGREEMENT BETWEEN NS AND THE INDIANA DEPARTMENT OF TRANSPORTATION, BY: (1) ADDING THE NEGOTIATED AGREEMENT TO ENVIRONMENTAL CONDITION NO. 51 OF APPENDIX Q OF DECISION NO. 89; AND (2) AMENDING ENVIRONMENTAL CONDITION NO. 8(A) OF APPENDIX Q OF DECISION NO. 89 BY DELETING THE REFERENCE TO THE INSTALLATION OF '4-QUADRANT GATES, OR ALTERNATIVE MITIGATION SUCH AS MEDIAN BARRIERS' AT THE ANTHONY BOULEVARD GRADE CROSSING IN ALLEN COUNTY, FORT WAYNE, IN BECAUSE THE APPLICATION OF THAT CONDITION TO THIS PARTICUALAR CROSSING HAS BEEN SUPERSEDED BY THE PARTIES' NEGOTIATED AGREEMENT.

    Entire Board · 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 31047
13. 20 Jun 2000 EP 290 (Sub-No. 5)
    APPROVED THE THIRD QUARTER 2000 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.050, RCAF (ADJUSTED) OF 0.588, AND RCAF-5 OF 0.569.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 31102
14. 20 Jun 2000 FD 30000 (Sub-No. 16)
    DISMISSED THE PETITION TO REOPEN.

    Entire Board · ST LOUIS SOUTHWESTERN RAILWAY CO.-TRACKGE RIGHTS OVER MISSOURI PACIFIC RAILROAD COMPANY-KANSAS CITY TO ST. LOUIS · decision 31021
15. 20 Jun 2000 NOR 41195
    (1) DISMISSED WITH PREJUDICE THE PROPOSED ABANDONMENT EXEMPTION IN DOCKET NO. AB-39(SUB-NO. 18X), AND THE COMPLAINT IN DOCKET NO. 41195 AND DOCKET NO. 41195 (SUB-NO. 1); AND (2) ORDERED THAT A COPY OF THIS DECISION BE SERVED ON THE PARTIES IN MCRC ACQUISITION AND GRCH ACQUISITION.

    Secretary · SAVE THE ROCK ISLAND COMMITTEE, INC. V THE ST. LOUIS SOUTHWESTERN RAILWAY COMPANY · also entered in NOR 41195 (Sub-No. 1), AB 39 (Sub-No. 18X) · decision 31020