Week of 18 Jun 2001

Decisions served

1. 22 Jun 2001 AB 167 (Sub-No. 1182X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO DECEMBER 26, 2001.

   Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN INDIANA COUNTY, PA · decision 31946
2. 22 Jun 2001 FD 34053
   NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER BNSF'S RAIL LINES, NEAR STOCKTON, CA.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 31937
3. 22 Jun 2001 FD 34055 (Sub-No. 1)
   EXEMPT UNDER 49 U.S.C. 10502 THE TRACKAGE RIGHTS DESCRIBED IN STB FINANCE DOCKET NO. 34055, AS DISCUSSED IN THIS PROCEEDING, TO PERMIT THE TRACKAGE RIGHTS TO EXPIRE ON JUNE 22, 2001.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 31923
4. 22 Jun 2001 AB 55 (Sub-No. 589X)
   ORDERED THAT THE EXEMPTION OF THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING IS SUBJECT TO THE CONDITIONS THAT CSXT SHALL: (A) RETAIN ITS INTEREST IN THE LINE IN ITS ENTIRETY UNTIL COMPLETION OF THE SECTION 106 PROCESS OF THE NHPA; AND (B) CONSULT WITH THE NGS AND PROVIDE NGS WITH 90 DAYS' NOTICE PRIOR TO DISTRUBING OR DESTROYING ANY GEODETIC STATION MARKERS.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN LOGAN COUNTY, WV · decision 31910
5. 22 Jun 2001 AB 55 (Sub-No. 588X)
   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 POLK AND MCMINN COUNTIES, TN · decision 31851
6. 22 Jun 2001 FD 33740
   (1) GRANTED BNSF'S REQUEST FOR DECLARATORY RELIEF; (2) ORDERED KJRY, PURSUANT TO SECTION 10901(D) TO ALLOW BNSF TO CROSS KJRY'S LINE TO REACH THE MOOAR LINE; (3) DENIED BNSF'S PETITION FOR DETERMINATION OF TERMS AS PREMATURE; (4) DIRECTED THE PARTIES TO IMMEDIATELY BEGIN NEGOTIATIONS ON A NEW CROSSING AGREEMENT; AND (5) INSTRUCTED THE PARTIES TO SUBMIT DISPUTES TO THE BOARD, WHICH WILL MAKE A DETERMINATION WITHIN 120 DAYS THEREAFTER.

   Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--PETITION FOR DECLARATION OR PRESCRIPTION OF CROSSING, TRACKAGE, OR JOINT USE RIGHTS · also entered in FD 33740 (Sub-No. 1) · decision 31332
7. 21 Jun 2001 FD 34000
   DENIED THE MOTION FILED BY GREAT LAKES TRANSPORTATION, LLC TO COMPEL PRODUCTION BY AK STEEL CORPORATION OF CERTAIN DOCUMENTS.

   Entire Board · CANADIAN NATIONAL RAILWAY COMPANY, GRAND TRUNK CORPORATION, AND WC MERGER SUB, INC.--CONTROL--WISCONSIN CENTRAL TRANSPORTATION CORPORATION, WISCONSIN CENTRAL LTD., FOX VALLEY & WESTERN LTD., SAULT STE. MARIE BRIDGE COMPANY, AND WISCONSIN CHICAGO LINK LTD. · decision 31961
8. 21 Jun 2001 AB 103 (Sub-No. 11X)
   GRANTED HPRT'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO DECEMBER 22, 2001.

   Director Of Proceedings · KANSAS CITY SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN HEMPSTEAD, LAFAYETTE AND COLUMBIA COUNTIES, AR · decision 31951
9. 21 Jun 2001 FD 33744
   NOTICE THAT LOUISVILLE & INDIANA RAILROAD COMPANY HAS AGREED TO GRANT TO CSX TRANSPORTATION, INC. TRACKAGE RIGHTS OVER LIRC'S LINE, A DISTANCE OF APPROXIMATELY 106.5 MILES.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--TRACKAGE RIGHTS EXEMPTION--LOUISVILLE & INDIANA RAILROAD COMPANY · decision 31935
10. 21 Jun 2001 FD 29430 (Sub-No. 21)
    (1) ORDERED THE AUGUST 10, 1999 AWARD THAT IS THE SUBJECT IN THIS PROCEEDING IS VACATED AND MAY NOT BE CITED AS PRECEDENT; (2) DISMISSED TCU'S PETITION TO REVIEW THE VACATED AWARD; AND (3) DISCONTINUED THIS PROCEEDING.

    Secretary · NORFOLK SOUTHERN CORPORATION--CONTROL--NORFOLK AND WESTERN RAILWAY COMPANY AND SOUTHERN RAILWAY COMPANY (ARBITRATION REVIEW) · decision 31933
11. 20 Jun 2001 FD 34000
    NOTICE TO THE PARTIES: ACCEPTED LATE-FILED NOTICE OF INTENT TO PARTICIPATE, FROM MARK J. ROHN, PRESIDENT, GRAND RIVER NAVIGATION COMPANY, INC.

    Secretary · CANADIAN NATIONAL RAILWAY COMPANY, GRAND TRUNK CORPORATION, AND WC MERGER SUB, INC.--CONTROL--WISCONSIN CENTRAL TRANSPORTATION CORPORATION, WISCONSIN CENTRAL LTD., FOX VALLEY & WESTERN LTD., SAULT STE. MARIE BRIDGE COMPANY, AND WISCONSIN CHICAGO LINK LTD. · decision 31960
12. 20 Jun 2001 AB 550-X
    GRANTED CITY'S REQUEST TO EXTEND THE INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL AUGUST 10, 2001.

    Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/ALLENTOWN LINES, INC.--ABANDONMENT EXEMPTION--IN LEHIGH COUNTY, PA. · decision 31948
13. 20 Jun 2001 EP 290 (Sub-No. 5)
    APPROVED THE THIRD QUARTER 2001 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.079, RCAF (ADJUSTED) OF 0.585, AND RCAF-5 OF 0.562 AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 31928
14. 20 Jun 2001 FD 33388
    REOPENS THIS PROCEEDING AND AMENDED ITEM 10 OF THE CSX SUBSECTION OF ENVIRONMENTAL CONDITION NO. 51 OF APPENDIX Q OF DECISION NO. 89 IN LIGHT OF THE JANUARY 31, 2001 SETTLEMENT AGREEMENT BETWEEN CSX AND THE FOUR CITY CONSORTIUM.

    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 31860
15. 20 Jun 2001 NOR 41995
    DENIED THE PETITION OF WCL FOR DECLARATORY ORDER AND ITS REQUEST FOR A PROCEDURAL SCHEDULE.

    Entire Board · WISCONSIN CENTRAL LTD.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF THE BALTIMORE & OHIO CHICAGO TERMINAL RAILROAD COMPANY AND CSX TRANSPORTATION, INC. · decision 30357
16. 19 Jun 2001 AB 55 (Sub-No. 568X)
    GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY, AND ITS REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, PA · decision 31929
17. 19 Jun 2001 FD 34003
    GRANTED CONDITIONALLY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 TO THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FOR AUTHORITY TO CONSTRUCT AND OPERATE A 7 1/2-MILE LINE OF RAILROAD BETWEEN SEADRIFT AND KAMEY, TX.

    Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--SEADRIFT AND KAMEY, TX · decision 31637
18. 18 Jun 2001 FD 34000
    GRANTED AK STEEL'S REQUEST TO WITHDRAW ITS MOTION TO COMPEL.

    Secretary · CANADIAN NATIONAL RAILWAY COMPANY, GRAND TRUNK CORPORATION, AND WC MERGER SUB, INC.--CONTROL--WISCONSIN CENTRAL TRANSPORTATION CORPORATION, WISCONSIN CENTRAL LTD., FOX VALLEY & WESTERN LTD., SAULT STE. MARIE BRIDGE COMPANY, AND WISCONSIN CHICAGO LINK LTD. · decision 31949
19. 18 Jun 2001 FD 34055
    NOTICE THAT BNSF HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UP OVER BNSF'S RAIL LINES AS FOLLOWS: (1) BETWEEN SHAWNEE JCT., WY, AND BRIDGER JUCT., WY; (2) BETWEEN BRIDGER JCT., AND EAST GUERNSEY, WY; (3) BETWEEN EAST GUERNSEY AND NORTHPORT, NE; AND (4) BETWEEN NORTHPORT, AND SIDNEY, NE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION-- THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 31922
20. 18 Jun 2001 AB 434 (Sub-No. 3X)
    GRANTED WINCHESTER & WESTERN RAILROAD COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A 1.3-MILE LINE OF RAILROAD, AT OR NEAR HALEYVILLE, IN THE TOWNSHIP OF COMMERCIAL, IN CUMBERLAND COUNTY, NJ, SUBJECT TO ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · WINCHESTER & WESTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CUMBERLAND COUNTY, NJ · decision 31872