Week of 19 Nov 2001

Decisions served

1. 23 Nov 2001 NOR 42059
   GRANTED UNION PACIFIC RAILROAD COMPANY'S REQUEST FOR AN EXTENSION TO SUBMIT A REPLY TO THE MOTION TO COMPEL FILED ON NOVEMBER 9, 2001, BY NORTHERN STATES POWER COMPANY MINNESOTA.

   Secretary · NORTHERN STATES POWER COMPANY MINNESOTA D/B/A XCEL ENERGY V. UNION PACIFIC RAILROAD COMPANY · decision 32327
2. 23 Nov 2001 AB 33 (Sub-No. 185X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN PULASKI COUNTY, AR · decision 32288
3. 21 Nov 2001 AB 458-X
   GRANTED PARKSIERRA CORP.'S PETITION TO CLARIFY THE BOARD'S DECISION SERVED ON SEPTEMBER 7, 2001.

   Secretary · CALIFORNIA NORTHERN RAILROAD COMPANY--DISCONTINUANCE EXEMPTION--IN MERCED COUNTY, CA · decision 32296
4. 21 Nov 2001 FD 34107
   (1) EXEMPT FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323 ET SEQ. GWI'S ACQUISITION OF CONTROL OF SB, SUBJECT TO THE LABOR PROTECTIVE CONDITINS AT 49 U.S.C. 11326(B); AND (2) SET A PROCEDURAL SCHEDULE.

   Entire Board · GENESEE & WYOMING INC.--CONTROL EXEMPTION--SOUTH BUFFALO RAILWAY COMPANY · decision 32218
5. 21 Nov 2001 AB 330 (Sub-No. 3X)
   GRANTED OTTER TAIL VALLEY RAILROAD COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A 2.65-MILE LINE OF RAILROAD KNOWN AS THE FOXHOME BRANCH, IN WILKIN AND OTTER TAIL COUNTIES, MN, SUBJECT TO TWO ENVIRONMETNAL CONDITIONS AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · OTTER TAIL VALLEY RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WILKIN AND OTTER TAIL COUNTIES, MN · decision 32186
6. 20 Nov 2001 NOR 42060
   (1) HELD THE OCTOBER 18 DECISION IN ABEYANCE FOR A PERIOD OF 45 DAYS FROM THE DATE OF SERVICE OF THIS DECISION (UNTIL JANUARY 4, 2002); (2) ORDERED THAT PARTIES SHALL INFORM THE BOARD IF THEY CANNOT REACH A RESOLUTION; AND (3) EXTENDED THE TIME FOR FILING PETITIONS FOR RECONSIDERATION OR CLARIFICATION AFTER THE END OF THE NEGOTIATIONS CONTEMPLATED IN THE JOINT MOTION.

   Secretary · NORTH AMERICA FREIGHT CAR ASSOCIATION--PROTEST AND PETITION FOR INVESTIGATION--TARIFF PUBLICATIONS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · also entered in NOR 42061, NOR 42062, NOR 42063, NOR 42064 · decision 32318
7. 20 Nov 2001 FD 33877 (Sub-No. 1)
   GRANTED ILLINOIS CENTRAL RAILROAD COMPANY'S MOTION, UNDER 49 CFR 1114.21(C), FOR AN ORDER QUASHING DESPOSITIONS SCHEDULED AND ALSO ADJUSTED THE SCHEDULE FOR THE FILING OF PLEADINGS.

   Entire Board · ILLINOIS CENTRAL RAILROAD COMPANY--PETITION FOR CROSSING AUTHORITY--IN EAST BATON ROUGE PARISH, LA · decision 32313
8. 20 Nov 2001 AB 492 (Sub-No. 2X)
   (1) TERMINATED THE OFA PROCESS IN THIS PROCEEDING; AND (2) VACATED THE DECISION SERVED AUGUST 31, 2001 TO PERMIT THE PRIOR ABANDONMENT AUTHORIZATION FOR THE PORTION SUBJECT TO THE OFA TO BECOME EFFECTIVE ON THE SERVICE DATE OF THIS DECISION.

   Director Of Proceedings · FILLMORE WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FILLMORE COUNTY, NEB. · decision 32305
9. 20 Nov 2001 AB 33 (Sub-No. 185X)
   NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F, TO ABANDON A 0.63 MILE LINE OVER THE JUNCTION BRIDGE LINE IN PULASKI COUNTY, LITTLE ROCK, AR.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN PULASKI COUNTY, AR · decision 32289
10. 20 Nov 2001 FD 34114
    NOTICE THAT YOLO SHORTLINE RAILROAD COMPANY HAS FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE FROM THE PORT OF SACRAMENTO AND TO OPERATE APPROXIMATELY 3.1 MILES OF RAIL LINE (KNOWN AS THE SACRAMENTO-YOLO PORT BELT RAILROAD) IN WEST SACRAMENTO, CA.

    Director Of Proceedings · YOLO SHORTLINE RAILROAD COMPANY--LEASE AND OPERATION EXEMPTION--PORT OF SACRAMENTO · decision 32261
11. 20 Nov 2001 FD 34088 (Sub-No. 1)
    GRANTS A PETITION FOR EXEMPTION TO PERMIT CLC OVERHEAD TRACKAGE RIGHTS OVER A LINE OF THE LONGVIEW SWITCHING COMPANY TO EXPIRE ON THE DATE AGREED TO BY THE PARTIES WITHOUT THE NEED FOR CLC TO OBTAIN DISCONTINUANCE AUTHORITY.

    Entire Board · THE COLUMBIA AND COWLITZ RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--THE LONGVIEW SWITCHING COMPANY · decision 32214
12. 20 Nov 2001 FD 34086 (Sub-No. 1)
    GRANTS A PETITION FOR EXEMPTION TO PERMIT CLC OVERHEAD TRACKAGE RIGHTS OVER A LINE OF BNSF TO EXPIRE ON THE DATE AGREED TO BY THE PARTIES WITHOUT THE NEED FOR CLC TO OBTAIN DISCONTINUANCE AUTHORITY.

    Entire Board · THE COLUMBIA AND COWLITZ RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 32213
13. 20 Nov 2001 S5M 61
    (1) CONSOLIDATED THESE PROCEEDINGS; (2) DENIED THE MOTIONS FOR SUSPENSION OF PENDING CLASSIFICATION; (3)ORDERED THAT APPROVAL OF THE NCC AGREEMENT IS MADE SUBJECT TO THE CONDITION THAT THE CHANGES SPECIFIED IN THIS DECISION ARE SUITABLY INCORPORATED INTO THAT AGREEMENT.

    Entire Board · NATIONAL CLASSIFICATION COMMITTEE--AGREEMENT · also entered in S5M 61 (Sub-No. 6) · decision 29877
14. 20 Nov 2001 S5M 116 (Sub-No. 1)
    RENEWED APPROVAL OF THE RATE BUREAU AGREEMENTS PROVIDED THAT THE MEMBERS OF THE RATE BUREAUS (1) GIVE 'TRUTH-IN-RATES' NOTICE EVERY TIME THEY LIST RATES OR OTHERWISE GIVE A RATE QUOTE THAT REFERENCES A COLLECTIVELY SET RATE AND (2) CERTIFY THAT THEY WILL NOT APPLY A LOSS-OF-DISCOUNT PROVISION THAT WOULD REINSTATE THE COLLECTIVELY SET RATE AS A PENALTY FOR LATE PAYMENT.

    Entire Board · WILLAMETTE TARIFF BUREAU, INC. -- RENEWAL OF AGREEMENT · also entered in S5M 55 (Sub-No. 2), S5M 118 (Sub-No. 2), S5M 58 (Sub-No. 4), S5M 63 (Sub-No. 4), S5M 22 (Sub-No. 8), S5M 25 (Sub-No. 9), S5M 34 (Sub-No. 10), S5M 60 (Sub-No. 11), S5M 70 (Sub-No. 12), S5M 45 (Sub-No. 16), S5M 46 (Sub-No. 21) · decision 29669
15. 19 Nov 2001 AB 303 (Sub-No. 21X)
    EXTENDED THE NITU NEGOTIATING PERIOD FOR THE PORTION OF LINE BETWEEN MILEPOST 156.56 TO MILEPOST 160.12 TO MAY 8, 2002.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN MARQUETTE COUNTY, MI · decision 32306
16. 19 Nov 2001 AB 303 (Sub-No. 20X)
    GRANTED WISDNR'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO MAY 6, 2002.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 32298
17. 19 Nov 2001 FD 34112
    NOTICE THAT CAPE MAY SEASHORE LINES, INC., FILED AN APPLICATION FOR A MODIFIED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY UNDER 49 CFR 1150, SUBPART C, TO OPERATE APPROXIMATELY 28.94 MILES OF RAIL LINE ON THE CAPE MAY BRANCH.

    Director Of Proceedings · CAPE MAY SEASHORE LINES, INC.--MODIFIED RAIL CERTIFICATE · decision 32270
18. 19 Nov 2001 FD 34115
    NOTICE THAT TECUMSEH BRANCH CONNECTING RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM NORFOLK SOUTHERN RAILWAY COMPANY AND TO OPERATE APPROXIMATELY 2.1 MILES OF RAIL LINE KNOWN AS THE TECUMSEH BRANCH.

    Director Of Proceedings · TECUMSEH BRANCH CONNECTING RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 32269
19. 19 Nov 2001 FD 33407
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    Chief Of Section Of Environmental Analysis · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 32241