Week of 29 Oct 2001

Decisions served

1. 2 Nov 2001 FD 34112
   (1) GRANTED THE MOTION FOR A PROTECTIVE ORDER; (2) ADOPTED THE PROTECTIVE ORDER AND UNDERTAKING IN THE APPENDIX TO THIS DECISION; AND (3) ORDERED THAT THE CONFIDENTIAL VERSION OF CMSL'S NOTICE SUBMITTED IN FD NO. 34112 BE KEPT UNDER SEAL BY THE BOARD AND WILL NOT BE PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC.

   Secretary · CAPE MAY SEASHORE LINES, INC.--MODIFIED RAIL CERTIFICATE · decision 32271
2. 2 Nov 2001 FD 33388
   PROVIDED THAT IN VIEW OF NS' COMPLETION OF THE SAFETY UPGRADING WORK AT THE SR 7 AT-GRADE CROSSING, DOT: 468 599F, IN CLARKE COUNTY, BERRYVILLE, VA, IN A MANNER SATISFACTORY TO THE VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION, ENVIRONMENTAL CONDITION NO. 8(A) OF APPENDIX Q OF DECISION NO. 89 HAS BEEN SATISFIED WITH RESPECT TO THE SR 7 AT-GRADE CROSSING.

   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 32209
3. 1 Nov 2001 AB 492 (Sub-No. 2X)
   CORRECTED TO REFLECT CERTAIN EDITORIAL AND FORMAT CHANGES INADVERTENTLY OMITTED IN THE DECISION SERVED LATE-RELEASE OCTOBER 31, 2001.

   Entire Board · FILLMORE WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FILLMORE COUNTY, NEB. · decision 32290
4. 1 Nov 2001 NOR 42065
   DIMISSED THE PETITIONS FILED IN STB DOCKET NOS. 42065, 42066, AND 42067 AS MOOT.

   Secretary · RAILWAY PROGRESS INSTITUTE COMMITTEE ON TANK CARS PETITION FOR INVESTIGATION AND PROTEST PURSUANT TO EX PARTE NO. 328 · also entered in NOR 42066, NOR 42067 · decision 32268
5. 31 Oct 2001 AB 33 (Sub-No. 145X)
   GRANTED CITY'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO MAY 7, 2002.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN STANISLAUS COUNTY, CA · decision 32226
6. 31 Oct 2001 AB 492 (Sub-No. 2X)
   ESTABLISHED THE CONDITIONS AND AMOUNT OF COMPENSATION UNDER 49 U.S.C. 10904(F) FOR A LINE OF RAILROAD IN FILLMORE COUNTY, NE, PURSUANT TO A REQUEST FILED BY PROVIDENT INDUSTRIES, LLC.

   Entire Board · FILLMORE WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FILLMORE COUNTY, NEB. · decision 32215
7. 31 Oct 2001 AB 33 (Sub-No. 170)
   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--IN POLK COUNTY, IOWA · decision 32210
8. 30 Oct 2001 AB 33 (Sub-No. 126X)
   GRANTED WISDOT'S REQUEST TO EXTEND THE INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL APRIL 21, 2002.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, WI · decision 32266
9. 30 Oct 2001 FD 32760
   DENIED THE JOINT PETITION BNSF-95/ESI-34 FILED BY BNSF AND ENTERGY ON SEPTEMBER 28, 2001.

   Entire Board · 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 32251
10. 30 Oct 2001 AB 511 (Sub-No. 2X)
    NOTICE THAT CENTRAL RAILROAD COMPANY OF INDIANAPOLIS FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO DISCONTINUE SERVICE OVER A 5.22-MILE LINE OF RAILROAD KNOWN AS THE MARION BRANCH IN GRANT COUNTY, IN.

    Director Of Proceedings · CENTRAL RAILROAD COMPANY OF INDIANAPOLIS--DISCONTINUANCE EXEMPTION--IN GRANT COUNTY, IN · decision 32244
11. 29 Oct 2001 AB 55 (Sub-No. 581X)
    (1) GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY; AND (2) ORDERED THAT THE AUTHORITY TO ABANDON MUST BE EXERCISED, AND THE NOTICE OF C0NSUMMATION MUST BE FILED, ON OR BEFORE OCTOBER 30, 2002.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FAYETTE AND RALEIGH COUNTIES, WV · decision 32281
12. 29 Oct 2001 AB 565 (Sub-No. 4X)
    (1) REOPENED THIS PROCEEDING; AND (2) ACCEPTED FLEX-N-GATE CORPORATION'S LATE-FILED NOTICE OF INTENT TO FILE ITS OFA.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN VERMILLION AND WARREN COUNTIES, IN · decision 32233
13. 29 Oct 2001 FD 34103
    NOTICE THAT NEW MEXICO GATEWAY RAILROAD LIMITED LIABILITY COMPANY, HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO OPERATE APPROXIMATELY 3.5 MILES OF RAIL LINE OWNED BY SANTA TERESA LIMITED PARTNERSHIP, AT SANTA TERESA, NM.

    Director Of Proceedings · NEW MEXICO GATEWAY RAILROAD LIMITED LIABILITY COMPANY--OPERATION EXEMPTION--SANTA TERESA LIMITED PARTNERSHIP · decision 32232