Week of 30 Apr 2001

Decisions served

1. 4 May 2001 AB 534 (Sub-No. 2X)
   GRANTED LAKE STATE'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU UNTIL NOVEMBER 3, 2001.

   Director Of Proceedings · LAKE STATE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALPENA AND PRESQUE ISLE COUNTIES, MI · decision 31829
2. 4 May 2001 AB 55 (Sub-No. 587X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK COUNTY, IN · decision 31788
3. 3 May 2001 AB 478 (Sub-No. 2X)
   FOUND THAT ABANDONMENT OF THE INVOLVED RAIL LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

   Director Of Proceedings · CHARLES CITY AREA DEVELOPMENT CORPORATION D/B/A CHARLES CITY RAILWAY--ABANDONMENT EXEMPTION--IN FLOYD COUNTY, IA · decision 31843
4. 3 May 2001 AB 55 (Sub-No. 585X)
   FOUND THAT ABANDONMENT OF THE INVOLVED RAIL LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY OR ON HISTORIC RESOURCES.

   Director Of Proceedings · CSX TRANSPORTATION INC.--ABANDONMENT EXEMPTION--IN BOONE COUNTY, WV · decision 31842
5. 2 May 2001 FD 34021
   (1) GRANTED CMGN'S MOTION FOR A PROTECTIVE ORDER; AND (2) ORDERED THAT THE UNREDACTED VERSION OF THE TRACKAGE RIGHTS AGREEMENT IN FD NO. 34021 BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC.

   Secretary · CENTRAL MICHIGAN RAILWAY COMPANY AND CSX TRANSPORTATION, INC.--JOINT RELOCATION PROJECT EXEMPTION--IN SAGINAW, MI · decision 31821
6. 2 May 2001 AB 55 (Sub-No. 571X)
   DISCONTINUED THE PROCEEDING BECAUSE THE PARTIES HAVE MUTUALLY AGREED TO END THE OFA PROCESS.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN SAGINAW COUNTY, MI · decision 31805
7. 1 May 2001 FD 34003
   INSTITUTED BY THE BOARD A PROCEEDING UNDER 49 U.S.C. 10502(B) TO BE COMPLETED ON OR BEFORE FEBRUARY 1, 2002.

   Secretary · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--SEADRIFT AND KAMEY, TX · decision 31835
8. 1 May 2001 FD 34034
   NOTICE THAT THE MAHONING VALLEY RAILWAY COMPANY HAS AGREED TO GRANT LIMITED, NONEXCLUSIVE TRACKAGE RIGHTS TO THE CUYAHOGA VALLEY RAILWAY COMPANY.

   Director Of Proceedings · THE CUYAHOGA VALLEY RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--THE MAHONING VALLEY RAILWAY COMPANY · decision 31812
9. 1 May 2001 FD 33971
   FOUND THAT AYER'S PLANNING BOARD PERMIT PROCESS, THE ORDINANCE DETERMINING THAT AUTOMOBILE UNLOADING FACILITIES ARE A 'NOISOME TRADE' OR NUISANCE, AND THE CONSERVATION COMMISSION'S PRE-APPROVAL PROCESS ARE ALL PREEMPTED UNDER 49 U.S.C. 10501(B) AND THE COURT AND AGENCY DECISIONS INTERPRETING IT; AND (2) PROVIDED GUIDANCE FOR THE COURT AS TO THE REASONABLENESS OF THE TYPES OF CONDITIONS AYER WOULD HAVE IMPOSED ON GUILFORD IN THIS CASE.

   Entire Board · JOINT PETITION FOR DECLARATORY ORDER - BOSTON AND MAINE CORPORATION AND TOWN OF AYER, MA · decision 31506
10. 30 Apr 2001 AB 55 (Sub-No. 577X)
    GRANTED THE REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL SEPTEMBER 5, 2001.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WAYNE COUNTY, IN · decision 31822
11. 30 Apr 2001 FD 34016
    NOTICE THAT LAL HAS FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF WNYP, UPON WNYP'S BECOMING A CARRIER.

    Director Of Proceedings · LIVONIA, AVON & LAKEVILLE RAILROAD CORPORATION--CONTINUANCE IN CONTROL EXEMPTION--WESTERN NEW YORK & PENNSYLVANIA RAILROAD, LLC · decision 31804
12. 30 Apr 2001 FD 34017
    NOTICE THAT WNYP HAS FILED A VERIFIED NOTICE OF EXEMPTION TO SUBLEASE FROM NS AND OPERATE A RAIL LINE IN STEUBEN, ALLEGANY, CATTARAUGUS AND CHAUTAUQUA COUNTIES, NY AND ERIE COUNTY, PA (SUBJECT LINE).

    Director Of Proceedings · WESTERN NEW YORK & PENNSYLVANIA RAILROAD, LLC--LEASE AND OPERATION EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY AND PENNSYLVANIA LINES, LLC · decision 31803
13. 30 Apr 2001 AB 55 (Sub-No. 586X)
    NOTICE THAT CSXT FILED A PETITION FOR EXEMPTION TO ABANDON A PORTION OF ITS LINE OF RAILROAD IN ATHENS, MCMINN COUNTY, TN.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MCMINN COUNTY, TN · decision 31797
14. 30 Apr 2001 AB 33 (Sub-No. 176X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CALCASIEU PARISH, LA · decision 31786