Week of 3 Dec 2001

Decisions served

1. 7 Dec 2001 AB 556 (Sub-No. 2X)
   NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT DECEMBER 3, 2001, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.

   Secretary · RAILROAD VENTURES, INC.--ABANDONMENT EXEMPTION--BETWEEN YOUNGSTOWN, OH, AND DARLINGTON, PA, IN MAHONING AND COLUMBIANA COUNTIES, OH, AND BEAVER COUNTY, PA · decision 32356
2. 7 Dec 2001 AB 589-X
   EXEMPT, UNDER 49 U.S.C. 10502, FROM PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903, MONON RAIL PRESERVATION CORPORATION TO ABANDON AND THE INDIANA RAIL ROAD COMPANY TO DISCONTINUE SERVICE OVER A 1,500-FOOT SEGMENT OF THE ELLETTSVILLE LINE IN MONROE COUNTY, IN SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · MONON RAIL PRESERVATION CORPORATION--ABANDONMENT EXEMPTION--IN MONROE COUNTY, IN · also entered in AB 295 (Sub-No. 4X) · decision 32135
3. 6 Dec 2001 FD 34111
   (1) INSTITUTED A DECLARATORY ORDER PROCEEDING; (2) ORDERED THAT THIS PROCEEDING WILL BE HANDLED UNDER THE MODIFIED PROCEDURE ON THE BASIS OF WRITTEN STATEMENTS SUBMITTED BY THE PARTIES; AND (3) INSTRUCTED THE PARTIES TO COMPLY WITH THE RULES OF PRACTICE, INCLUDING 49 CFR 112 AND 1114.

   Director Of Proceedings · NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD--PETITION FOR DECLARATORY ORDER · decision 32249
4. 5 Dec 2001 FD 34130
   (1) GRANTED RAILAMERICA'S MOTION FOR A PROTECTIVE ORDER; (2) ADOPTED THE PROTECTIVE ORDER AND UNDERTAKING IN THE APPENDIX TO THIS DECISION; AND (3) ORDERED THAT THE STOCK PURCHASE AGREEMENT SUBMITTED IN FD 34130, WILL BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC, UNLESS THE UNDERTAKING IS EXECUTED AND THE TERMS OF THE PROTECTIVE ORDER ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

   Secretary · RAILAMERICA, INC.--CONTROL EXEMPTION--KIAMICHI HOLDINGS, INC. AND KIAMICHI RAILROAD L.L.C. · decision 32321
5. 5 Dec 2001 FD 34129
   (1) GRANTED RAILAMERICA'S MOTION FOR A PROTECTIVE ORDER; AND (2) ADOPTED THE PROTECTIVE ORDER AND UNDERTAKING IN THE APPENDIX TO THIS DECISION.

   Secretary · RAILAMERICA, INC.--CONTROL EXEMPTION--STATESRAIL ACQUISITION CORP. AND STATESRAIL, INC. · decision 32320
6. 5 Dec 2001 FD 34128
   (1) GRANTED RAILAMERICA'S MOTION FOR PROTECTIVE ORDER; (2) ADOPTED THE PROTECTIVE ORDER AND UNDERTAKING IN THE APPENDIX TO THIS DECISION.

   Secretary · RAILAMERICA, INC. --CONTROL EXEMPTION--NEW STATESRAIL HOLDINGS, INC. AND ALABAMA & GULF COAST RAILWAY L.L.C. · decision 32319
7. 5 Dec 2001 FD 34134
   NOTICE THAT JACKSON COUNTY PORT AUTHORITY RAILROAD HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO OPERATE APPROXIMATELY 2.9 MILES OF RAIL LINE OWNED BY THE JACKSON COUNTY PORT AUTHORITY.

   Director Of Proceedings · JACKSON COUNTY PORT AUTHORITY RAILROAD--OPERATION EXEMPTION--JACKSON COUNTY PORT AUTHORITY · decision 32317
8. 4 Dec 2001 AB 529-X
   GRANTED SAHD'S PETITION FOR EXPEDITED CONSIDERATION AND EXTENDED THE DUE DATE FOR CLOSING TO 45 DAYS AFTER A DECISION, ADDRESSING SAHD'S PETITION FOR CLARIFICATION, IS ISSUED.

   Secretary · MIDDLETOWN & HUMMELSTOWN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LANCASTER COUNTY, PA · also entered in AB 581-X · decision 32350
9. 4 Dec 2001 FD 32142
   DISMISSED COMPLAINT AND DISCONTINUED THE PROCEEDING.

   Secretary · MID ATLANTIC RAILROAD CO., INC. V. HORRY COUNTY OF THE STATE OF SOUTH CAROLINA AND THE WACCAMAW COASTLINE RAILROAD COMPANY · decision 32219
10. 3 Dec 2001 S5M 116 (Sub-No. 1)
    EXTENDED THE DEADLINE FOR FILING PETITIONS FOR RECONSIDERATION OF THE DECISION SERVED ON NOVEMBER 20, 2001, UNTIL DECEMBER 31, 2001.

    Secretary · 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 32344
11. 3 Dec 2001 AB 33 (Sub-No. 183)
    NOTICE THAT SALT LAKE CITY CORPORATION FILED AN ADVERSE APPLICATION UNDER 49 U.S.C. 10903 REQUESTING THAT THE BOARD AUTHORIZE THE ABANDONMENT BY UNION PACIFIC RAILROAD COMPANY OF A PORTION OF A LINE OF RAILROAD KNOWN AS THE 900 SOUTH LINE IN SALT LAKE CITY, UT.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT- SALT LAKE CITY CORPORATION--ADVERSE ABANDONMENT--IN SALT LAKE CITY, UT · decision 32308
12. 3 Dec 2001 AB 596
    GRANTED IN PART AND DENIED IN PART NYCEDC'S PETITION FOR WAIVER.

    Director Of Proceedings · NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--ADVERSE ABANDONMENT--NEW YORK CROSS HARBOR RAILROAD IN BROOKLYN, NY · decision 32303