Week of 13 Aug 2001

Decisions served

1. 17 Aug 2001 AB 565 (Sub-No. 3X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN BERKSHIRE COUNTY, MA · also entered in AB 55 (Sub-No. 595X) · decision 32039
2. 17 Aug 2001 FD 34039
   NOTICE THAT WTNN HAS FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE AND OPERATE, PURSUANT TO AN AGREEMENT ENTERED INTO WITH NSR, APPROXIMATELY 140.1 MILES OF RAIL LINE.

   Director Of Proceedings · WEST TENNESSEE RAILROAD CORPORATION-LEASE AND OPERATION-NORFOLK SOUTHERN RAILROAD COMPANY · decision 32025
3. 17 Aug 2001 FD 34073
   NOTICE THAT HENRY G. HOHORST, BRUCE HOHORST, AND ANTHONY M. LINN, INDIVIDUALS HAVE FILED A VERIFED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF THE WEST TENNESSEE RAILROAD, LLC, A NEW JERSEY LIMITED LIABILITY COMPANY, UPON ITS SUCCEEDING TO THE OPERATING RIGHTS AND RESPONSIBILITIES OF WEST TENNESSEE RAILROAD CORP. AND ITS LEASING A LINE OF RAILROAD FROM NORFOLK SOUTHERN RAILWAY CO.

   Director Of Proceedings · HENRY G. HOHORST, BRUCE HOHORST AND ANTHONY M. LINN AND THE WEST TENNESSEE RAILROAD, LLC--CORPORATE FAMILY TRANSACTION EXEMPTION · decision 32024
4. 16 Aug 2001 FD 34078
   NOTICE THAT CZRY HAS FILED A NOTICE OF EXEMPTION TO OPERATE APPROXIMATELY 6.2 MILES OF RAIL LINE CURRENTLY OWNED BY SD&AE AND CONTROLLED THROUGH MANAGEMENT BY SDIY.

   Director Of Proceedings · CARRIZO GORGE RAILWAY INC.-- OPERATION EXEMPTION --LINE OF SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY AND SAN DIEGO & IMPERIAL VALLEY RAILROAD COMPANY,INC. · decision 32041
5. 15 Aug 2001 AB 303 (Sub-No. 21X)
   GRANTED MDNR'S REQUEST TO MODIFY THE NITU TO INCLUDE THE PORTION OF THE LINE FROM MILEPOST 156.56 TO MILEPOST 156.57

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN MARQUETTE COUNTY, MI · decision 32061
6. 15 Aug 2001 AB 402 (Sub-No. 8X)
   (1)MODIFIED THE HISTORIC PRESERVATION CONDITION NO. 10 THAT WAS PREVIOUSLY IMPOSED IN THE DECISION SERVED MARCH 2, 2001, TO REQUIRE THAT FVW RETAIN ITS INTEREST IN AND TAKE NO STEPS TO ALTER THE INTEGRITY OF THE RAIL LINE LOCATED WITHIN THE BOUNDARIES OF THE ONEIDA INDIAN RESERVATION UNTIL COMPLETITION OF THE SECTION 106 PROCESS OF THE NHAP, WHICH WILL DETERMINE THE EFFECT ON CULTRUAL AND HISTORIC RESOURCES; AND (2) ORDERED THAT ALL OTHER PROVISIONS AND ENVIRONMENTAL CONDITIONS IMPOSED IN THE MARCH 2, 2001 DECISION IN THIS PROCEEDING WILL REMAIN IN EFFECT.

   Director Of Proceedings · FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN BROWN AND OUTAGAMIE COUNTIES, WI · decision 32051
7. 15 Aug 2001 FD 33966
   GRANTED THE REQUEST FOR A DECLARATORY ORDER IN PART, RESOLVING THE CONTROVERSY WITHOUT TAKING FURTHER PLEADINGS.

   Entire Board · FRIENDS OF THE AQUIFER, CITY OF HAUSER, ID, HAUSER LAKE WATER DISTRICT, CHERYL L. RODGERS, CLAY LARKIN, KOOTENAI ENVIRONMENTAL ALLIANCE, RAILROAD AND CLEARCUTS CAMPAIGN · decision 31505
8. 14 Aug 2001 AB 55 (Sub-No. 577X)
   GRANTED CSXT'S REQUESTS TO EXTEND THE CONSUMMATION NOTICE FILING DEADLINE AND THE NITU NEGOTIATING PERIOD TO DECEMBER 31, 2001.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WAYNE COUNTY, IN · decision 32066
9. 14 Aug 2001 EP 572 (Sub-No. 1)
   DENIED UTU-IL PETITION FILED FEBRUARY 26, 2001 TO AMEND 49 CFR 1001, SECTION 1001.1(A).

   Entire Board · REMOVAL, REVISION, AND REDESIGNATION OF MISCELLANEOUS REGULATIONS · decision 31900
10. 14 Aug 2001 AB 406 (Sub-No. 13X)
    (1) REOPENED THIS PROCEEDING; (2) REMOVED THE 6 ENVIRONMENTAL CONDITIONS IMPOSED IN THE JANUARY 18 DECISION; (3) ACCEPTED BAMCO'S LATE-TENDERED PROTESTS AND REQUEST FOR FURTHER ENVIRONMENTAL REVIEW AND CKR'S REPLY TO THESE PLEADINGS; AND (4) DENIED KANSAS RAIL USERS ASSOCIATION'S (KRUA) AND BAMCO'S PETITION TO REJECT AND/OR REVOKE THE NOTICE OF EXEMPTION, BAMCO'S REQUEST FOR FURTHER ENVIRONMENTAL REVIEW, KRUA'S PETITION TO VACATE THE DIRECTOR'S JANUARY 18, 2001, DECISION AND TO REOPEN THE RECORD.

    Entire Board · CENTRAL KANSAS RAILWAY, L.L.C.--ABANDONMENT EXEMPTION--IN RENO, KINGMAN, HARPER, RICE AND MCPHERSON COUNTIES, KS · decision 31615
11. 13 Aug 2001 AB 565 (Sub-No. 3X)
    NOTICE THAT NYC AND CSXT, HAVE FILED A NOTICE OF EXEMPTION FOR NYC TO ABANDON AND CSXT TO DISCONTINUE SERVICE OVER APPROXIMATELY 1.91 MILES OF RAILROAD IN PITTSFIELD, IN BERKSHIRE COUNTY, MA.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN BERKSHIRE COUNTY, MA · also entered in AB 55 (Sub-No. 595X) · decision 32034
12. 13 Aug 2001 FD 34048
    NOTICE THAT RBMN HAS FILED A VERIFIED NOTICE OF EXEMPTION TO SUBLEASE AND OPERATED APPROXIMATELY 1.3 MILES OF RAIL LINE CURRENTLY OWNED BY PENNSYLVANIA LINES LLC AND CURRENTLY OPERATED BY NSR.

    Director Of Proceedings · READING BLUE MOUNTAIN AND NORTHERN RAILROAD COMPANY--LEASE AND OPERATION EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY AND PENNSYLVANIA LINES LLC · decision 32020
13. 13 Aug 2001 FD 33956
    (1) DENIED THE APPEALS OF A DECISION THAT DENIED A PETITION TO REJECT AND A MOTION TO DISMISS THE OFFER OF FINANCIAL ASSISTANCE FILED IN THE ABANDONMENT EXEMPTION PROCEEDING; AND (2) DENIED PETITIONS TO REVOKE THE ACQUISITION AND OPERATION EXEMPTION IN THE RELATED FINANCE PROCEEDING.

    Entire Board · KERN VALLEY RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--TRINIDAD RAILWAY, INC. · also entered in AB 573-X · decision 31631