Week of 1 Oct 2001

Decisions served

1. 5 Oct 2001 AB 391 (Sub-No. 8X)
   DENIED A PETITION FILED BY GOVERNOR JANKLOW OPPOSING AN EXEMPTION FOR RED RIVER & WESTERN RAILROAD COMPANY TO ABANDON APPROXIMATELY 18.3 MILES OF RAIL LINE IN DICKEY COUNTY, ND AND BROWN COUNTY, SD.

   Entire Board · RED RIVER VALLEY & WESTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DICKEY COUNTY, ND AND BROWN COUNTY, SD · decision 32208
2. 5 Oct 2001 AB 33 (Sub-No. 183)
   GRANTED IN PART AND DENIED IN PART THE PETITION FOR WAIVER FILED SEPTEMBER 14, 2001 BY SALT LAKE CITY CORPORATION.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT- SALT LAKE CITY CORPORATION--ADVERSE ABANDONMENT--IN SALT LAKE CITY, UT · decision 32179
3. 5 Oct 2001 FD 34093
   NOTICE THAT CPR, SLC AND DHRC FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1180.2(D)(3) TO UNDERTAKE A CORPORATE FAMILY TRANSACTION, WHICH INVOLVES SLC'S THE ACQUISITION OF DIRECT CONTORL OF DHRC AND ITS INDIRECT CONTROL OF NONOPERATING CARRIERS CONTROLLED BY DHRC.

   Director Of Proceedings · CANADIAN PACIFIC RAILWAY COMPANY AND SOO LINE CORPORATION--CORPORATE FAMILY TRANSACTION EXEMPTION--DELAWARE AND HUDSON RAILWAY COMPANY, INC. · decision 32169
4. 5 Oct 2001 AB 391 (Sub-No. 8X)
   RECOMMENDED THAT RRVW SHALL CONSULT WITH THE NGS AND PROVIDE NSG WITH 90 DAYS NOTICE PRIOR TO DISTURBING OR DESTROYING ANY GEODETIC STATION MARKERS.

   Director Of Proceedings · RED RIVER VALLEY & WESTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DICKEY COUNTY, ND AND BROWN COUNTY, SD · decision 32165
5. 5 Oct 2001 AB 565 (Sub-No. 4X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESSS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN VERMILLION AND WARREN COUNTIES, IN · also entered in AB 55 (Sub-No. 597X) · decision 32162
6. 5 Oct 2001 AB 32 (Sub-No. 92)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · BOSTON AND MAINE CORPORATION--ABANDONMENT--IN SUFFOLK COUNTY, MA · decision 32146
7. 5 Oct 2001 FD 33971
   DENIED THE PETITION FOR RECONSIDERATION FILED MAY 1, 2001 BY AYER, AND DISCONTINUED THIS PROCEEDING.

   Entire Board · JOINT PETITION FOR DECLARATORY ORDER - BOSTON AND MAINE CORPORATION AND TOWN OF AYER, MA · decision 32076
8. 4 Oct 2001 WCC 104
   (1) ORDERED SEA STAR TO COMPLY WITH THIS ORDER BY OCTOBER 15, 2001; (2) GRANTED THE SECOND MOTION FOR ENFORCEMENT OF ORDERS COMPELLING DISCOVERY AND RENEWED REQUEST FOR SANCTIONS TO THE EXTENT SPECIFIED IN THIS ORDER; AND (3) DENIED THE REQUEST FOR SANCTIONS.

   Administrative Law Judge · TRAILER BRIDGE, INC. V. SEA STAR LINES, LLC · decision 32223
9. 4 Oct 2001 NOR 42056
   GRANTED THE JOINT REQUEST TO ESTABLISH A NEW PROCEDURAL SCHEDULE.

   Director Of Proceedings · TEXAS MUNICIPAL POWER AGENCY V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 32216
10. 4 Oct 2001 FD 33980
    GRANTED RIVERVIEW'S REQUEST TO WITHDRAW ITS PETITION FOR STAY FILED ON SEPTEMBER 27, 2001.

    Secretary · RIVERVIEW TRENTON RAILROAD COMPANY-ACQUISITION AND OPERATION EXEMPTION-CROWN ENTERPRISES, INC. · decision 32207
11. 4 Oct 2001 FD 33388
    DENIED THE MOTION FOR STAY PENDING JUDICIAL REVIEW.

    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 32204
12. 4 Oct 2001 AB 564
    GRANTED CSPR'S REQUEST FOR A 1-YEAR EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY FOR THE LINE DESCRIBED IN THIS DECISION.

    Director Of Proceedings · CAMAS PRAIRIE RAILNET, INC.—ABANDONMENT— IN LEWIS, NEZ PERCE, AND IDAHO COUNTIES, IDAHO (BETWEEN SPALDING AND GRANGEVILLE, IDAHO) · decision 32170
13. 4 Oct 2001 FD 34094
    NOTICE THAT SANTA CLARA VALLEY TRANSPORTATION AUTHORITY FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE UNION PACIFIC RAILROAD COMPANY'S RAILROAD RIGHT-OF-WAY AND CERTAIN RELATED IMPROVEMENTS LOCATED IN SANTA CLARA COUNTY, CA.

    Director Of Proceedings · SANTA CLARA VALLEY TRANSPORTATION AUTHORITY--ACQUISITION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 32153
14. 3 Oct 2001 FD 32760
    NOTICE THAT ANY INTERESTED PERSON THAT INTENDS TO SUBMIT A WRITTEN REPLY TO THE BNSF-95/ESI-34 JOINT PETITION IS DIRECTED TO FILE THAT REPLY WITH THE BOARD NO LATER THAN 5:00 P.M. ON TUESDAY, OCTOBER 9, 2001.

    Secretary · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY UP-SP MERGER · decision 32211
15. 3 Oct 2001 AB 32 (Sub-No. 90)
    AUTHORIZED UNDER 49 U.S.C. 10903, THE ABANDONMENT BY BOSTON AND MAINE CORPORATION OF A 3-MILE LINE OF RAILROAD IN ESSEX COUNTY, MA, AND ROCKINGHAM COUNTY, NH, SUBJECT TO EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · BOSTON AND MAINE CORPORATION--ABANDONMENT--IN ESSEX COUNTY, MA, AND ROCKINGHAM COUNTY, NH · decision 32036
16. 3 Oct 2001 FD 34013
    DENIED THE PETITION FOR DECLARATORY ORDER AND A PROCEEDING WILL NOT BE INSTITUTED.

    Director Of Proceedings · B. WILLIS, C.P.A., INC.--PETITION FOR DECLARATORY ORDER · decision 31677
17. 2 Oct 2001 FD 33782
    (1) ADOPTED THE MITIGATION MEASURES SET FORTH IN THE APPENDIX TO THIS DECISION, AND IMPOSED THEM AS A CONDITION TO THE EXEMPTION GRANTED IN THIS PROCEEDING; AND (2) ORDERED THAT THE EXEMPTION CONDITIONALLY APPROVED IN THE DECISION SERVED MAY 4, 2000, IS EFFECTIVE ON THE EFFECTIVE DATE OF THIS DECISION, SUBJECT TO CONDITIONS SPECIFIED IN THIS DECISION.

    Entire Board · ENTERGY ARKANSAS AND ENTERGY RAIL--CONSTRUCTION AND OPERATION EXEMPTION--WHITE BLUFF TO PINE BLUFF, AR · decision 32138
18. 2 Oct 2001 AB 330 (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 · OTTER TAIL VALLEY RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WILKIN AND OTTER TAIL COUNTIES, MN · decision 32064
19. 1 Oct 2001 AB 565 (Sub-No. 4X)
    NOTICE TO THE PARTIES: CORRECTED A NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER THAT INADVERTENTLY CONTAINED A TYPOGRAPHICAL ERROR ON PAGE 1, PARAGRAPH 1, LINE 4.

    Secretary · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN VERMILLION AND WARREN COUNTIES, IN · also entered in AB 55 (Sub-No. 597X) · decision 32206
20. 1 Oct 2001 FD 34079
    NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT.

    Chief Of Section Of Environmental Analysis · SAN JACINTO RAIL LIMITED CONSTRUCTION EXEMPTION AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY OPERATION EXEMPTION--BUILD-OUT TO THE BAYPORT LOOP NEAR HOUSTON, HARRIS COUNTY, TX · decision 32192
21. 1 Oct 2001 FD 34100
    (1) GRANTED RAIL AMERICA'S MOTION FOR A PROTECTIVE ORDER; AND (2) ORDERED THE AGREEMENT AND PLAN OF MERGER, SUBMITTED IN STB FINANCE DOCKET NO. 34100,TO 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 · RAILAMERICA, INC.--CONTROL EXEMPTION-PARKSIERRA ACQUISITION CORP. AND PARKSIERRA CORP. · decision 32182