Week of 10 Dec 2001

Decisions served

1. 14 Dec 2001 FD 33679
   EXTENDED THE DEADLINE FOR FILING AN ADMINISTRATIVE APPEAL OF THE DECISION SERVED ON NOVEMBER 27, 2001, UNTIL DECEMBER 21, 2001.

   Secretary · SIERRAPINE--LEASE AND OPERATION EXEMPTION--SIERRA PACIFIC INDUSTRIES · decision 32399
2. 14 Dec 2001 AB 472 (Sub-No. 1X)
   (1) DENIED MINNETONKA BEACH'S MOTION TO DISMISS THE OFA; (2) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION AUTHORIZING THE ABANDONMENT IN ORDER TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 TO PROCEED; (3) CONCLUDED THAT IF DAKOTA RAIL AND HCRRA CANNOT AGREE ON THE PURCHASE PRICE, EITHER PARTY MAY REQUEST THE BOARD TO ESTABLISH TERMS AND CONDITIONS OF THE PURCHASE ON OR BEFORE JANUARY 9, 2002.

   Director Of Proceedings · DAKOTA RAIL, INC.--ABANDONMENT EXEMPTION--IN MCLEOD, CARVER, AND HENNEPIN COUNTIES, MN · decision 32374
3. 14 Dec 2001 AB 33 (Sub-No. 93X)
   MODIFIED TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS DECISION.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-WHITTIER JUNCTION-COLIMA JUNCTION LINE IN LOS ANGELES COUNTY, CAL. · decision 32360
4. 14 Dec 2001 AB 290 (Sub-No. 230X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION--IN RALEIGH COUNTY, WV · decision 32330
5. 14 Dec 2001 AB 290 (Sub-No. 235X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION IN MCDOWELL COUNTY, WV · decision 32329
6. 14 Dec 2001 AB 290 (Sub-No. 217X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 32322
7. 14 Dec 2001 AB 33 (Sub-No. 183)
   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- SALT LAKE CITY CORPORATION--ADVERSE ABANDONMENT--IN SALT LAKE CITY, UT · decision 32307
8. 14 Dec 2001 FD 34069 (Sub-No. 1)
   EXEMPTED UNDER 49 U.S.C. 10502, THE TRACKAGE RIGHTS IN FD-34069, TO PERMIT TRACKAGE RIGHTS TO EXPIRE ON JANUARY 1, 2003.

   Entire Board · CENTRAL MONTANA RAIL, INC.--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 32292
9. 13 Dec 2001 FD 33388 (Sub-No. 91)
   (1) DENIED INDIANAPOLIS POWER & LIGHT COMPANY, NEW YORK ECONOMIC DEVELOPMENT CORPORATION, AND RESOURCES WAREHOUSING & CONSOLIDATION SERVICES, INC., REQUESTS FOR RELIEF; (2) ORDERED THAT CSX AND NS MUST FILE PROGRESS REPORTS BY JUNE 3, 2002, AND MUST MAKE THEIR 100% TRAFFIC WAYBILL TAPES AVAILABLE TO INTERESTED PERSONS BY JUNE 17, 2002; AND (3) DIRECTED THAT CSX AND NS MUST CONTINUE TO FILE QUARTERLY ENVIRONMENTAL STATUS REPORTS FOR THE DURATION OF OUR OVERSIGHT PERIOD.

   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 [GENERAL OVERSIGHT] · decision 32338
10. 13 Dec 2001 AB 290 (Sub-No. 216X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A VERIFIED NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD IN BUCHANAN COUNTY, VA.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 32332
11. 13 Dec 2001 AB 433-X
    DENIED A PETITION FILED BY OREGON DEPARTMENT OF TRANSPORTATION TO REOPEN THIS RAIL ABANDONMENT EXEMPTION PROCEEDING, REMOVE THE FOUR EXISTING ENVIRONMENTAL CONDITIONS, AND SUBSTITUTE A MODIFIED ENVIRONMENTAL CONDITION.

    Entire Board · IDAHO NORTHERN & PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WALLOWA AND UNION COUNTIES, OR · decision 32052
12. 12 Dec 2001 EP 586
    EXTENDED THE DATE ON WHICH REPLIES ARE DUE UNTIL JANUARY 3, 2002.

    Secretary · ARBITRATION--VARIOUS MATTERS RELATING TO ITS USE AS AN EFFECTIVE MEANS OF RESOLVING DISPUTES THAT ARE SUBJECT TO THE BOARD'S JURISDICTION · decision 32383
13. 12 Dec 2001 FD 34124
    GRANTED LIVONIA, AVON & LAKEVILLE RAILROAD CORPORATION AN EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323, ET SEQ., TO CONTINUE IN CONTROL OF B&H RAIL CORP.

    Entire Board · LIVONIA, AVON & LAKEVILLE RAILROAD CORPORATION--CONTINUANCE IN CONTROL EXEMPTION--B&H RAIL CORP. · decision 32287
14. 12 Dec 2001 AB 55 (Sub-No. 590X)
    (1) ACCEPTED THE SUPPLEMENTAL PLEADINGS FOR FILING; AND (2) DENIED CSXT'S PETITION UNDER 49 U.S.C. 10502, FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903, TO ABANDON A 13-34-MILE LINE OF RAILROAD IN SHELBY COUNTY, TN.

    Entire Board · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION (BETWEEN MEMPHIS AND CORDOVA) IN SHELBY COUNTY, TN · decision 32277
15. 12 Dec 2001 FD 33956
    DENIED THE PETITION OF RAILS TO TRAILS CONSERVANCY FOR RECONSIDERATION OF DECISION SERVED AUGUST 13, 2001, IN WHICH WE PERMITTED A PARTY TO BUY A RAIL LINE SUBJECT TO THE SUPERIOR RIGHTS OF A DIFFERENT PARTY THAT HAD ALREADY APPLIED TO BUY THE LINE UNDER THE 'FORCED SALE' PROVISIONS OF 49 U.S.C. 10904.

    Entire Board · KERN VALLEY RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--TRINIDAD RAILWAY, INC. · also entered in AB 573-X · decision 32195
16. 12 Dec 2001 FD 34087
    DENIED A REQUEST THAT WE PERMIT WITHDRAWAL OF A NOTICE OF EXEMPTION TO ABANDON A LINE, AND DISMISSES A NOTICE OF EXEMPTION TO LEASE AND OPERATE THE LINE, SO THAT THE OFFER OF FINANCIAL ASSISTANCE (OFA) PROCESS MAY CONTINUE.

    Entire Board · TRINIDAD RAILWAY INC -- LEASE AND OPERATION EXEMPTION -- KERN VALLEY RAILROAD COMPANY · also entered in AB 573-X · decision 32193
17. 12 Dec 2001 NOR 42054
    (1) GRANTED BNSF'S MOTION TO PERMIT THE FILING OF FINAL BRIEFS; AND (2) ORDERED THAT BRIEFS ARE TO BE FILED NO LATER THAN 30 DAYS AFTER THE SERVICE DATE OF THIS DECISION.

    Secretary · PPL MONTANA, LLC V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 32042
18. 11 Dec 2001 AB 290 (Sub-No. 230X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 1.5-MILE LINE OF RAILROAD, IN RALEIGH COUNTY, WV.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION--IN RALEIGH COUNTY, WV · decision 32326
19. 10 Dec 2001 AB 55 (Sub-No. 601X)
    NOTICE THAT CSXT FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A PORTION OF ITS LINE OF RAILROAD IN THE SOUTHERN REGION, IN ELMER, LENOIR COUNTY, NC.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN LENOIR COUNTY, NC · decision 32334
20. 10 Dec 2001 AB 290 (Sub-No. 235X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 4.58-MILE LINE OF RAILROAD IN MCDOWELL COUNTY, WV.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION IN MCDOWELL COUNTY, WV · decision 32324
21. 10 Dec 2001 AB 290 (Sub-No. 217X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 0.4-MILE LINE OF RAILROAD IN BUCHANAN COUNTY, VA.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 32323
22. 10 Dec 2001 AB 55 (Sub-No. 600X)
    (1) REOPENED THIS PROCEEDING; AND (2) RECONSIDERED THAT THE EXEMPTION OF THE ABANDONMENT OF THE RAIL LINE DESCRIBED IN THIS PROCEEDING IS SUBJECT TO THE CONDITION THAT CSXT RETAIN ITS INTEREST IN AND TAKE NO STEPS TO ALTER THE HISTORIC INTEGRITY OF ALL SITES AND STRUCTURES ON THE LINE THAT ARE 50 YEARS OLD OR OLDER UNTIL COMPLETION OF THE SECTION 106 PROCESS OF THE NHPA.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN LOGAN COUNTY, WV · decision 32314
23. 10 Dec 2001 NOR 42052
    REQUESTED THE ASSOCIATION OF AMERICAN RAILROADS TO CONVENE A MEETING WITH INVOLVED PARTIES TO DISCUSS ISSUES CONCERNING DELAYS IN INTERCHANGE OF RAILROAD CARS, AND TO PROVIDE A REPORT ON THE RESULTS OF THE MEETING, ALONG WITH RECOMMENDATIONS OR SUGGESTIONS ON HOW TO BEST TO PROCEED TO RESOLVE THE ISSUES.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER--UNILATERALLY IMPOSED INTERCHANGE CHARGES · decision 31524