Week of 22 Oct 2001

Decisions served

1. 26 Oct 2001 EP 586
   CORRECTED THE DECISION SERVED OCTOBER 26, 2001.

   Entire Board · ARBITRATION--VARIOUS MATTERS RELATING TO ITS USE AS AN EFFECTIVE MEANS OF RESOLVING DISPUTES THAT ARE SUBJECT TO THE BOARD'S JURISDICTION · decision 32282
2. 26 Oct 2001 AB 471 (Sub-No. 4X)
   CLARIFIED THE STATUS OF THE 23.5-MILE LINE BETWEEN MILEPOST 438.5 AT SEVERY AND MILEPOST 415.0 AT FREDONIA TO REFLECT THAT A TRAIL USE/RAIL BANKING AGREEMENT HAS BEEN REACHED AS TO IT.

   Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CRAWFORD, WILSON, ELK AND GREENWOOD COUNTIES, KS, AND OSAGE AND TULSA COUNTIES, OK · decision 32257
3. 26 Oct 2001 EP 586
   ADDRESSED THE PETITION FILED OCTOBER 9, 2001, BY THE NATIONAL INDUSTRIAL TRANSPORTATION LEAGUE REQUESTING THE BOARD TO BROADEN THE INQUIRY TO ADDRESS A BROADER RANGE OF DISPUTES THAT CONGRESS MIGHT WISH TO SUBJECT TO ARBITRATION.

   Entire Board · ARBITRATION--VARIOUS MATTERS RELATING TO ITS USE AS AN EFFECTIVE MEANS OF RESOLVING DISPUTES THAT ARE SUBJECT TO THE BOARD'S JURISDICTION · decision 32256
4. 26 Oct 2001 FD 34075
   CONDITIONALLY EXEMPT FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 THE CONSTRUCTION AND OPERATION BY THE SIX COUNTY ASSOCIATION OF GOVERNMENTS OF A 43-MILE LINE OF RAILROAD BETWEEN SALINA, UT, AND A CONNECTION WITH A LINE OF THE UNION PACIFIC RAILROAD COMPANY IN THE VICINITY OF LEVAN, UT.

   Entire Board · SIX COUNTY ASSOCIATION OF GOVERNMENTS--CONSTRUCTION AND OPERATION EXEMPTION -- RAIL LINE BETWEEN LEVAN AND SALINA, UTAH · decision 32136
5. 25 Oct 2001 FD 34101
   NOTICE THAT BETHLEHEM STEEL CORPORATION, KEYSTONE RAILROAD INC., AND LAKE MICHIGAN & INDIANA RAILROAD COMPANY HAVE JOINTLY FILED A VERIFIED NOTICE OF EXEMPTION.

   Director Of Proceedings · BETHLEHEM STEEL CORPORATION, KEYSTONE RAILROAD INC., LAKE MICHIGAN & INDIANA RAILROAD COMPANY LLC--CORPORATE FAMILY TRANSACTION EXEMPTION · decision 32199
6. 25 Oct 2001 AB 563 (Sub-No. 1X)
   (1) REOPENED THIS PROCEEDING; (2) VACATED THE NITU SERVED ON JULY 5, 2000, WITH RESPECT TO THE LINE SEGMENTS IN BUTLER COUNTY, KS; AND (3) CONCLUDED THAT KER MAY FULLY ABANDON THESE LINE SEGMENTS, PROVIDED THAT IT HAS COMPLIED WITH THE MEASURES PRESCRIBED IN THE SEPTEMBER 23, 1999 DECISION TO ADDRESS ENVIRONMENTAL AND HISTORIC PRESERVATION CONCERNS AND TO CONSULT WITH NGS.

   Director Of Proceedings · KANSAS EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN BUTLER AND GREENWOOD COUNTIES, KS · decision 32175
7. 25 Oct 2001 FD 33877 (Sub-No. 1)
   DENIED A MOTION BY THE KANSAS CITY SOUTHERN RAILWAY COMPANY TO DISMISS A PETITION FOR CROSSING AUTHORITY AND ESTABLISHES A PROCEDURAL SCHEDULE FOR THE FILING OF STATEMENTS.

   Entire Board · ILLINOIS CENTRAL RAILROAD COMPANY--PETITION FOR CROSSING AUTHORITY--IN EAST BATON ROUGE PARISH, LA · decision 32018
8. 25 Oct 2001 FD 33877
   CONDITIONALLY EXEMPT, UNDER 49 U.S.C. 10502, FROM PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901, THE CONSTRUCTION BY ILLINOIS CENTRAL RAILROAD COMPANY OF A LINE OF RAILROAD, IN EAST BATON ROUGE PARISH, LA.

   Entire Board · ILLINOIS CENTRAL RAILROAD COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--IN EAST BATON ROUGE PARISH, LA · decision 31683
9. 24 Oct 2001 NOR 42060 (Sub-No. 1)
   GRANTED NAFCA'S REQUEST FOR AN EXTENSION.

   Secretary · NORTH AMERICA FREIGHT CAR ASSOCIATION, ET AL. V. BNSF RAILWAY COMPANY · decision 32272
10. 24 Oct 2001 EP 385 (Sub-No. 5)
    MODIFIED REGULATIONS TO REQUIRE ALL RAILROADS OPERATING IN THE UNITED STATES TO INCLUDE IN THE CARLOAD WAYBILL SAMPLE EXPORT TRAFFIC MOVING FROM OR THROUGH THE UNITED STATES.

    Entire Board · MODIFICATION OF THE CARLOAD WAYBILL SAMPLE REPORTING PROCEDURES · decision 32212
11. 23 Oct 2001 AB 592 (Sub-No. 1X)
    FOUND THAT NO SIGNIFICANT IMPACT UNDER 49 CFR 1105.10(G) WILL BE MADE PURSUANT TO 49 CFR 1011.8(C)(10).

    Director Of Proceedings · FREDONIA VALLEY RAILROAD, INC.--ABANDONMENT EXEMPTION--IN CALDWELL COUNTY, KY · decision 32258
12. 23 Oct 2001 AB 586 (Sub-No. 1X)
    MODIFIED THE NOTICE OF EXEMPTION SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON SEPTEMBER 24, 2001, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS DECISION SUBJECT TO THE CONDITIONS THAT NCRA KEEP INTACT THE RIGHT-OF-WAY UNDERLYING THE TRACKS, INCLUDING BRIDGES, TRESTLES, CULVERTS AND TUNNELS, FOR A PERIOD OF 180 DAYS AFTER THE OCTOBER 24, 2001 EFFECTIVE DATE, TO ENABLE ANY STATE OR LOCAL GOVERNMENT AGENCY, OR OTHER INTERESTED PERSON TO NEGOTIATE THE ACQUISITION OF THE LINE FOR PUBLIC USE.

    Director Of Proceedings · NORTH CENTRAL RAILWAY ASSOCIATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, IA · decision 32250
13. 23 Oct 2001 AB 511 (Sub-No. 2X)
    (1) GRANTED CERA'S MOTION FOR A PROTECTIVE ORDER; AND (2) ORDERED THAT THE LETTER AGREEMENT, SUBMITTED IN AB-511 SUB-NO. 2X, WILL BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC.

    Secretary · CENTRAL RAILROAD COMPANY OF INDIANAPOLIS--DISCONTINUANCE EXEMPTION--IN GRANT COUNTY, IN · decision 32245
14. 23 Oct 2001 AB 492 (Sub-No. 2X)
    DENIED FWRY'S MOTION TO STRIKE FILED SEPTEMBER 28, 2001, AND FWRY'S APPEAL FILED SEPTEMBER 10,2001, REQUESTING A REVERSAL OF THE AUGUST 31 DECISION.

    Entire Board · FILLMORE WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FILLMORE COUNTY, NEB. · decision 32173
15. 23 Oct 2001 AB 55 (Sub-No. 590X)
    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 (BETWEEN MEMPHIS AND CORDOVA) IN SHELBY COUNTY, TN · decision 32111
16. 22 Oct 2001 FD 33905
    DENIED (1) THE REQUEST TO FILE A REBUTTAL; (2) THE EMERGENCY PETITION; AND (3) REJECTED THE REBUTTAL.

    Entire Board · LACKAWANNA COUNTY RAILROAD AUTHORITY--ACQUITITION EXEMPTION--F&L REALTY, INC. · also entered in FD 33906 · decision 32152