Week of 17 Dec 2001

Decisions served

1. 21 Dec 2001 FD 34111
   (1) GRANTED ORANGE COUNTY TRANSPORTATION AUTHORITY'S REQUEST FOR LEAVE TO INTERVENE; AND (2) ORDERED THAT REPLIES TO THE COMMENTS ACCOMPANYING THE PETITION ARE DUE BY JANUARY 10, 2002.

   Secretary · NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD--PETITION FOR DECLARATORY ORDER · decision 32417
2. 21 Dec 2001 AB 565 (Sub-No. 4X)
   (1) TOLLED THE TIME PERIOD FOR FLEX-N-GATE TO FILE AN OFA UNTIL JANUARY 28, 2002; AND (2) POSTPONED THE EFFECTIVE DATE OF THE ABANDONMENT EXEMPTION UNTIL FEBRUARY 7, 2002.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN VERMILLION AND WARREN COUNTIES, IN · decision 32412
3. 21 Dec 2001 AB 167 (Sub-No. 1182X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO JUNE 26, 2002.

   Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN INDIANA COUNTY, PA · decision 32411
4. 21 Dec 2001 AB 103 (Sub-No. 11X)
   ISSUED A REPLACEMENT NITU APPLICABLE TO MSRC AS A INTERIM TRAIL USER.

   Director Of Proceedings · KANSAS CITY SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN HEMPSTEAD, LAFAYETTE AND COLUMBIA COUNTIES, AR · decision 32402
5. 21 Dec 2001 S5M 61
   (1) GRANTED THE NATIONAL CLASSIFICATION COMMITTEE (NCC) AND NATIONAL MOTOR FREIGHT TRAFFIC ASSOCIATION, INC.'S EXTENSION REQUEST; (2) DIRECTED NCC TO SUBMIT A PROPOSED REVISED AGREEMENT TO THE BOARD, BY MARCH 20, 2002; AND (3) ADVISED THAT ANY OTHER PARTY MAY FILE A RESPONSE BY APRIL 19, 2001.

   Secretary · NATIONAL CLASSIFICATION COMMITTEE--AGREEMENT · also entered in S5M 61 (Sub-No. 6) · decision 32389
6. 21 Dec 2001 AB 290 (Sub-No. 226X)
   NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A VERIFIED NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD IN CEDAR, MINGO COUNTY, WV AND PIKE COUNTY, KY.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MINGO COUNTY, WV, AND PIKE COUNTY, KY · decision 32363
7. 21 Dec 2001 AB 43 (Sub-No. 172X)
   NOTICE THAT ILLINOIS CENTRAL RAILROAD COMPANY FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A LINE OF RAILROAD KNOWN AS THE NATCHEZ SPUR, IN NATCHEZ, ADAMS COUNTY, MS.

   Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ADAMS COUNTY, MS · decision 32362
8. 21 Dec 2001 AB 596
   NOTICE THAT NYCEDC ON BEHALF OF THE CITY OF NEW YORK FILED AN ADVERSE APPLICATION UNDER 49 U.S.C. 10903 REQUESTING AUTHORIZATION FOR THE ABANDONMENT BY NYCH, OF THE BUSH TERMINAL YARD AND THE HARBORSIDE INDUSTRIAL CENTER, IN NEW YORK, KINGS COUNTY, NY BY NYCH.

   Director Of Proceedings · NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--ADVERSE ABANDONMENT--NEW YORK CROSS HARBOR RAILROAD IN BROOKLYN, NY · decision 32361
9. 21 Dec 2001 AB 290 (Sub-No. 221X)
   NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A VERIFIED NOTICE OF EXEMPTION,TO ABANDON A LINE OF RAILROAD AT CALEDONIA, IN WISE COUNTY, VA.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WISE COUNTY, VA · decision 32359
10. 21 Dec 2001 AB 290 (Sub-No. 220X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A VERIFIED NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD AT DERBY, IN WISE COUNTY, VA.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WISE COUNTY, VA · decision 32354
11. 21 Dec 2001 AB 55 (Sub-No. 602X)
    NOTICE THAT CSXT HAS FILED A NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD IN ATHENS, LIMESTONE COUNTY, AL.

    Director Of Proceedings · CSX TRANSPORTATION, INC--ABANDONMENT EXEMPTION--IN LIMESTONE COUNTY, AL · decision 32353
12. 21 Dec 2001 AB 290 (Sub-No. 228X)
    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 MINGO COUNTY, WV AND PIKE COUNTY, KY · decision 32352
13. 21 Dec 2001 AB 290 (Sub-No. 234X)
    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 MINGO COUNTY, WV · decision 32348
14. 21 Dec 2001 AB 290 (Sub-No. 233X)
    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 PIKE COUNTY, KY · decision 32347
15. 21 Dec 2001 AB 290 (Sub-No. 231X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FAYETTE COUNTY, WV · decision 32346
16. 21 Dec 2001 EP 558 (Sub-No. 5)
    INSTITUTED A PROCEEDING TO DETERMINE THE RAILROAD INDUSTRY'S COST OF CAPITAL FOR 2001.

    Entire Board · RAILROAD COST OF CAPITAL - 2001 · decision 32335
17. 21 Dec 2001 RR 999
    GRANTED THE REQUEST OF THE HOUSEHOLD GOODS CARRIERS' BUREAU COMMITTEE FOR AN AMENDMENT TO ITS EXISTING RELEASED RATES AUTHORITY, SUBJECT TO CONDITIONS THAT CARRIERS PRINT INFORMATION ON THE BILL OF LADING DIRECTING SHIPPERS TO AN UP-TO-DATE BROCHURE EXPLAINING THE CARGO LIABILITY OPTIONS OFFERED BY CARRIERS.

    Entire Board · RELEASED RATES OF MOTOR COMMON CARRIERS OF HOUSEHOLD GOODS · decision 32312
18. 21 Dec 2001 AB 32 (Sub-No. 92)
    GRANTED BOSTON AND MAINE CORPORATION AUTHORITY UNDER 49 U.S.C. 10903 TO ABANDON ITS REQUESTED MYSTIC WHARF BRANCH IN CHARLESTOWN, SUFFOLK COUNTY, MA, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS, PUBLIC USE, AND ENVIRONMENTAL CONDITIONS.

    Entire Board · BOSTON AND MAINE CORPORATION--ABANDONMENT--IN SUFFOLK COUNTY, MA · decision 32280
19. 21 Dec 2001 FD 33995
    (1) GRANTED KEOKUK JUNCTION RAILWAY COMPANY'S PETITION FOR LEAVE TO LATE-FILE A REPLY TO SF&L'S AND APPLICANTS' FIRST MOTION TO COMPEL; AND (2) DENIED SF&L AND APPLICANTS' MOTIONS TO COMPEL.

    Secretary · SF&L RAILWAY, INC.--ACQUISITION AND OPERATION EXEMPTION--TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND PEORIA, IL · also entered in FD 33996 · decision 32221
20. 21 Dec 2001 FD 32432
    (1) GRANTED NEW ENGLAND CENTRAL RAILROAD, INC.'S MOTION FOR LEAVE TO RESPOND LATE; AND (2) DENIED MR. KLINGER'S PETITION TO REOPEN THIS PROCEEDING.

    Entire Board · NEW ENGLAND CENTRAL RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION--LINES BETWEEN EAST ALBURG, VT AND NEW LONDON, CT · decision 31976
21. 21 Dec 2001 WCC 105
    (1) DENIED THE MOTION FOR SUMMARY JUDGMENT FILED BY MATSON AND SL; AND (2) DIRECTED THAT THE PARTIES CONSULT WITH EACH OTHER AND JOINTLY RECOMMEND A PROCEDURAL SCHEDULE BY JANUARY 30, 2002.

    Entire Board · DHX, INC. V. MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC. · decision 30642
22. 20 Dec 2001 AB 290 (Sub-No. 228X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F, TO ABANDON A 0.95-MILE LINE OF RAILROAD AT NAMPA, IN PIKE COUNTY, WV.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION--IN MINGO COUNTY, WV AND PIKE COUNTY, KY · decision 32398
23. 20 Dec 2001 FD 32760 (Sub-No. 21)
    ADDRESSED THE REMAINING UNRESOLVED ISSUES RAISED IN THE FIFTH ANNUAL ROUND OF THE UP/SP 'GENERAL OVERSIGHT' PROCEEDING.

    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 RIO GRANDE WESTERN RAILROAD COMPANY · decision 32379
24. 20 Dec 2001 EP 290 (Sub-No. 5)
    APPROVED THE FIRST QUARTER 2002 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.076, RCAF (ADJUSTED) OF 0.576, AND RCAF-5 OF 0.551 AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 32368
25. 20 Dec 2001 FD 34100
    NOTICE THAT RAILAMERICA, INC. FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE CONTROL OF PARKSIERRA CORP., A CLASS II RAILROAD, AND TO CONTINUE IN CONTROL OF PARKSIERRA ACQUISITION CORP. A NONCARRIER, UPON ACQUISITION'S PURCHASE OF PARKSIERRA STOCK.

    Director Of Proceedings · RAILAMERICA, INC.--CONTROL EXEMPTION-PARKSIERRA ACQUISITION CORP. AND PARKSIERRA CORP. · decision 32340
26. 20 Dec 2001 FD 32760 (Sub-No. 21)
    ADDRESSED CERTAIN ISSUES-INVOLVING THE DEFINITION OF '2-TO-1' POINTS, THE DEFINITION OF TRANSLOAD FACILITIES, THE STOCKTON-ELVAS TRACKAGE RIGHTS LINE, AND TEAM TRACKS-THAT HAVE BEEN RAISED IN THE FIFTH ANNUAL ROUND OF THE UP/SP 'GENERAL OVERSIGHT' PROCEEDING.

    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 RIO GRANDE WESTERN RAILROAD COMPANY · decision 32337
27. 19 Dec 2001 AB 290 (Sub-No. 233X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD IN PIKE COUNTY, KY.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN PIKE COUNTY, KY · decision 32343
28. 19 Dec 2001 AB 290 (Sub-No. 231X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A VERIFIED NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD AT OAK HILL, IN FAYETTE COUNTY, WV.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FAYETTE COUNTY, WV · decision 32342
29. 19 Dec 2001 AB 290 (Sub-No. 234X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD AT COLONEL, IN MINGO COUNTY, WV.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MINGO COUNTY, WV · decision 32341
30. 19 Dec 2001 AB 33 (Sub-No. 185X)
    RECOMMENDED THAT UP CONSULT WITH THE NGS AND PROVIDE NGS WITH 90 DAYS' NOTICE PRIOR TO DISTURBING OR DESTROYING ANY GEODETIC STATION MARKERS IN ORDER TO PLAN FOR THEIR RELOCATION.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN PULASKI COUNTY, AR · decision 32315
31. 19 Dec 2001 FD 33984
    GRANTED: (1) IN FD 33984, AN EXEMPTION FROM 49 U.S.C. 10901 UNDER 49 U.S.C. 10502 TO ALLOW THE DETROIT PARTNERSHIP TO ACQUIRE THE UNITED STATES INTERESTS IN N-D PARTNERSHIP RELATING TO THE DETROIT RIVER TUNNEL; (2) IN FD 34005, AN EXEMPTION FROM 49 U.S.C. 11323-25 UNDER U.S.C. 10502 TO ALLOW CPR TO EXERCISE THE CONTROL DESCRIBED IN THESE TRANSACTION; AND (3) IN FD 34007 AN EXEMPTION FROM 49 U.S.C. 10901 UNDER 10502 TO ALLOW THE NIAGARA PARTNERSHIP TO ACQUIRE THE NON-TUNNEL UNITED STATES INTERESTS OF N-D PARTNERSHIP.

    Entire Board · BOREALIS INFRASTRUCTURE TRUST MANAGEMENT INC., SOLE TRUSTEE OF THE BOREALIS TRANSPORTATION INFRASTRUCTURE TRUST--ACQUISITION EXEMPTION--DETROIT RIVER TUNNEL COMPANY · also entered in FD 34005, FD 34007 · decision 31734
32. 18 Dec 2001 AB 565 (Sub-No. 3X)
    (1) DIRECTED THAT CSX TRANSPORTATION, INC. PROVIDE HOUSATONIC RAILROAD COMPANY (HOUSATONIC) WITH THE REQUESTED INFORMATION BY FEBRUARY 11, 2002; (2) TOLLED THE TIME PERIOD FOR HOUSATONIC TO FILE AN OFA UNTIL FEBRUARY 19, 2002; AND (3) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION UNTIL MARCH 1, 2002.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN BERKSHIRE COUNTY, MA · decision 32390
33. 18 Dec 2001 AB 534 (Sub-No. 2X)
    GRANTED THE REQUESTS OF LAKE STATE AND MIDNR TO EXTEND THE NITU NEGOTIATING PERIOD FOR 180 DAYS UNTIL MAY 12, 2001.

    Director Of Proceedings · LAKE STATE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALPENA AND PRESQUE ISLE COUNTIES, MI · decision 32378
34. 18 Dec 2001 AB 290 (Sub-No. 216X)
    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 32331
35. 17 Dec 2001 NOR 41230
    ESTABLISHED A PROCEDURAL SCHEDULE FOR THE FILING OF ADDITIONAL EVIDENCE AND ARGUMENT TO DETERMINE THE AMOUNT OF CHARGES DUE TO COMPLAINANT, GS ROOFING PRODUCTS COMPANY, INC.

    Entire Board · GS ROOFING PRODUCTS CO., INC., BEAZER WEST, INC., D/B/A GIFFORD HILL & COMPANY, BEAN LUMBER COMPANY AND CURT BEAN LUMBER COMPANY V. ARKANSAS MIDLAND RAILROAD COMPANY AND PINSLY RAILROAD COMPANY, INC. · decision 32297
36. 17 Dec 2001 FD 33388 (Sub-No. 90)
    CONTINUED THE 3-YEAR BUFFALO RATE STUDY PROCEEDING AS SET FORTH IN THIS DECISION.

    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 (BUFFALO RATE STUDY) · decision 32263