Week of 21 Aug 2000

Decisions served

1. 25 Aug 2000 AB 33 (Sub-No. 156)
   NOTICE TO THE PARTIES CORRECTED TO REFLECT THE STARTING MILEPOST DESIGNATION AS 3.48.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN HARRIS, FORT BEND, AUSTIN, WHARTON AND COLORADO COUNTIES, TX · decision 31267
2. 25 Aug 2000 AB 77 (Sub-No. 11X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · BANGOR & AROOSTOOK RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN AROOSTOOK COUNTY, ME · decision 31224
3. 25 Aug 2000 AB 567 (Sub-No. 1X)
   (1) REOPENED THE ABOVE PROCEEDING; (2) PLACED KING ASSOCIATES L.L.P. FILING AND RRDC'S REPLY IN THE PUBLIC DOCKET; AND (3) MODIFIED THE NOTICE OF EXEMPTION SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON JULY 27, 2000, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED ABOVE TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS IN DECISION FOR A PERIOD OF 180 DAYS COMMENCING AUGUST 26, 2000, THE EFFECTIVE DATE OF THE EXEMPTION (UNTIL FEBRUARY 22, 2001).

   Director Of Proceedings · RUTHERFORD RAILROAD DEVELOPMENT CORPORATION -- ABANDONMENT EXEMPTION -- IN RUTHERFORD COUNTY, NC · decision 31223
4. 25 Aug 2000 NOM 42014
   (1) FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY WILLIG AGAINST SIMPSON WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 13711; AND (2) DISCONTINUED THIS PROCEEDING.

   Entire Board · SIMPSON STRONG-TIE COMPANY, INC. V. WILLIG FREIGHT LINES, INC. · decision 29544
5. 23 Aug 2000 FD 33915
   (1) GRANTED NSR'S MOTION FOR A PROTECTIVE ORDER; AND (2) ORDERED THAT THE TRACKAGE RIGHTS AGREEMENT SUBMITTED IN ABOVE PROCEEDING WILL BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC UNLESS THE ATTACHED UNDERTAKING IS EXECUTED AND THE TERMS OF THE PROTECTIVE ORDER ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

   Secretary · NORFOLK SOUTHERN RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--CANTON RAILROAD COMPANY · decision 31258
6. 23 Aug 2000 AB 33 (Sub-No. 140)
   GRANTED FOUNDATION'S REQUEST TO EXTEND THE NEGOTIATING PERIOD TO DECEMBER 11, 2000.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LANCASTER AND GAGE COUNTIES, NEB., AND MARSHALL COUNTY, KAN. · decision 31252
7. 23 Aug 2000 FD 33908
   NOTICE THAT AKMD, HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE AND OPERATE PURSUANT TO AN AGREEMENT ENTERED INTO WITH THE UP, APPROXIMATELY 7.42 MILES OF UP'S RAIL LINES IN NORTH LITTLE ROCK, AR AS FOLLOWS: (1) A PORTION OF THE CARLISLE INDUSTRIAL LEAD FROM UP'S MILEPOST 130.33 TO THE END OF THE LINE AT UP'S MILEPOST 131.38, INCLUDING SIDE TRACKS APPURTENANT THERETO, AND (2) FROM UP'S MILEPOST 292.00 TO UP'S MILEPOST 297.93, INCLUDING SIDE TRACKS APPURTENANT THERETO, CONNECTING WITH UP'S MAINLINE IN NORTH LITTLE ROCK YARD NEAR MILEPOST 343.40.

   Director Of Proceedings · ARKANSAS MIDLAND RAILROAD COMPANY--LEASE AND OPERATION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 31234
8. 23 Aug 2000 AB 33 (Sub-No. 156)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN HARRIS, FORT BEND, AUSTIN, WHARTON AND COLORADO COUNTIES, TX · decision 31200
9. 23 Aug 2000 AB 571 (Sub-No. 1X)
   NOTICE THAT SC&M HAS FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON AN APPROXIMATELY 12.4-MILE LINE OF RAILROAD IN WEBSTER AND NICHOLAS COUNTIES, WV.

   Director Of Proceedings · STROUDS CREEK AND MUDDLETY RAILROAD--ABANDONMENT EXEMPTION--IN WEBSTER AND NICHOLAS COUNTIES, WV · decision 31188
10. 23 Aug 2000 FD 33862
    GRANTED A CONDITIONAL EXEMPTION UNDER 49 U.S.C. 10502, FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901, THE CONSTRUCTION BY PSCO'S OF A LINE OF RAILROAD, APPROXIMATELY 1,500 FEET IN LENGTH, IN PUEBLO COUNTY, CO.

    Entire Board · PUBLIC SERVICE COMPANY OF COLORADO--CONSTRUCTION EXEMPTION--PUEBLO COUNTY, CO · decision 30988
11. 22 Aug 2000 FD 33388
    EXTENDED THE COMPLIANCE DEADLINE FOR NS IN ENVIRONMENTAL CONDITION NO. 8(A) OF APPENDIX Q OF DECISION NO. 89 WITH RESPECT TO THE ENCKS MILL ROAD AT-GRADE CROSSING IN CUMBERLAND COUNTY, MECHANICSBURG, PA FOR 6 MONTHS UNTIL FEBRUARY 22, 2001.

    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 31246
12. 22 Aug 2000 FD 33388
    EXTENDED THE COMPLIANCE DEADLINE FOR NS IN ENVIRONMENTAL CONDITION NO. 11 OF APPENDIX Q OF DECISION NO. 89 FOR 1 YEAR UNTIL AUGUST 22, 2001.

    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 31245
13. 22 Aug 2000 AB 6 (Sub-No. 384X)
    ORDERED (1) THAT BNSF'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY IS MOOT; AND (2) BNSF'S FILING WILL BE PLACED IN THE PUBLIC DOCKET.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MINNEHAHA COUNTY, SD · decision 31244
14. 22 Aug 2000 FD 33388
    EXTENDED THE COMPLIANCE DEADLINE FOR CSX AND CR IN ENVIRONMENTAL CONDITION NO. 11 OF APPENDIX Q OF DECISION NO. 89 FOR 1 YEAR UNTIL AUGUST 22, 2001.

    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 31192
15. 22 Aug 2000 FD 33388
    REOPENS THE ABOVE PROCEEDING AND MODIFIES THE ENVIRONMENTAL CONDITION IMPOSED IN DECISION NO. 89 IN LIGHT OF THE NEGOTIATED AGREEMENT BETWEEN CSX AND THE BOROUGH OF FAYETTE CITY, PA, BY: (1) ADDING THE NEGOTIATED AGREEMENT TO ENVIRONMENTAL CONDITON NO. 51 OF APPENDIX Q OF DECISION NO. 89; AND (2) AMENDING ENVIRONMENTAL CONDITION NO. 11 OF APPENDIX Q OF DECISION NO. 89 (WHICH HAS BEEN SUPERSEDED BY THE NEGOTIATED AGREEMENT) BY DELETING THE BOROUGH OF FAYETTE CITY, PA, FROM THE SINNS-BROWNSVILLE, PA LINE SEGMENT.

    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 31191
16. 21 Aug 2000 FD 33780
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT AUGUST 4, 2000, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

    Secretary · THE KANSAS CITY SOUTHERN RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--GATEWAY WESTERN RAILWAY COMPANY AND GATEWAY EASTERN RAILWAY COMPANY · decision 31257