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Week of 28 Jan 2002

28 January – 3 February 2002 · Monday to Sunday · ← previous week · next week → · every week · the latest seven days

25 decisions served (2 entered in more than one docket) and 83 filings observed, in 50 proceedings — 5 of them in NOR 42058.

Decisions served

  1. FD 33995
    (1) DENIED SF&L'S AND APPLICANTS' MOTION TO STRIKE; AND (2) GRANTED THEIR REQUEST FOR LEAVE TO FILE A SURREBUTTAL STATEMENT.
    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 32546
  2. MCF 20988-TA
    GRANTED INTERIM APPROVAL FOR HAL TO ACQUIRE CONTROL, THROUGH ITS WESTMARK HOTELS OF CANADA LTD. SUBSIDIARY, OF HORIZON COACH LINES LTD. FOR A PERIOD OF 180 DAYS PENDING A DECISION ON HAL'S CONCURRENTLY FILED APPLICATION FOR PERMANENT APPROVAL OF THE TRANSACTION.
    Entire Board · HOLLAND AMERICA LINE - WESTOURS, INC.--CONTROL--WESTOURS MOTOR COACHES, INC., EVERGREEN TRAILS INC., WESTMARK HOTELS OF CANADA LTD., AND HORIZON COACH LINES LTD. · decision 32534
  3. NOR 42057
    GRANTED XCEL'S : (1) FIRST MOTION TO COMPEL AS MODIFIED BY THE PARTIES' AGREEMENT ON THE SPECIFIC CONTRACTS TO BE PRODUCED BY BNSF BY FEBRUARY 11, 2002; (2) SECOND MOTION TO COMPEL WHICH DIRECTS BNSF TO PRODUCE LEASE AGREEMENT BF 10100.00 BY FEBRUARY 11, 2002; (3) PETITION FOR A SUBPOENA DUCES TECUM, WABTEC MUST COMPLY BY FEBRUARY 11, 2002. DENIED BNSF'S PETITION FOR MODIFICATION.
    Secretary · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 32504
  4. AB 391 (Sub-No. 9X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.
    Chief Of Section Of Environmental Analysis · RED RIVER VALLEY & WESTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LAMOURE AND BARNES COUNTIES, ND · decision 32494
  5. EP 290 (Sub-No. 4)
    PROPOSED TO ADOPT 1.042 (4.2%) AS THE MEASURE OF AVERAGE CHANGE IN RAILROAD PRODUCTIVITY FOR THE 1996-2000 (5-YEAR) PERIOD.
    Entire Board · RAILROAD COST RECOVERY PROCEDURES-PRODUCTIVITY ADJUSTMENT · decision 32491
  6. AB 43 (Sub-No. 172X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.
    Chief Of Section Of Environmental Analysis · ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ADAMS COUNTY, MS · decision 32366
  7. AB 31 (Sub-No. 38)
    GRANTED (1) CANADIAN NATIONAL RAILWAY COMPANY'S MOTION TO BE DISMISSED AS A PARTY TO THIS PROCEEDING; (2) CSX'S REQUEST FOR AN EXEMPTION UNDER 49 U.S.C. 10502(A) FROM CERTAIN PROVISIONS OF U.S.C. 10903-05; AND (3) CSX'S APPLICATION FOR ADVERSE ABANDONMENT.
    Entire Board · CSX CORPORATION AND CSX TRANSPORTATION, INC.-ADVERSE ABANDONMENT--CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK WESTERN RAILROAD INC. · decision 32053
  8. AB 565 (Sub-No. 4X)
    POSTPONED THE EFFECTIVE DATE OF THE DECISION AUTHORIZING ABANDONMENT OF THE LINE IN ORDER TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 TO PROCEED.
    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN VERMILLION AND WARREN COUNTIES, IN · decision 32535
  9. AB 55 (Sub-No. 591X)
    EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO AUGUST 2, 2002.
    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK AND FLOYD COUNTIES, IN · decision 32521
  10. AB 33 (Sub-No. 170)
    REJECTED MID-AMERICA RAILROAD'S OFFER OF FINANCIAL ASSISTANCE.
    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN POLK COUNTY, IOWA · decision 32531
  11. AB 290 (Sub-No. 232X)
    ABANDONMENT OF THE LINE IS SUBJECT TO THE CONDITION THAT NSR MAINTAIN THE RAIL LINE AND KEEP RAILROAD-RELATED STRUCTURES INTACT AND UNALTERED UNTIL COMPLETION OF THE SECTION 106 PROCESS OF THE NHPA.
    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FAYETTE COUNTY, WV · decision 32527
  12. AB 290 (Sub-No. 235X)
    REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE DECISION SERVED JANUARY 8, 2002.
    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION IN MCDOWELL COUNTY, WV · decision 32513
  13. FD 34130
    EXEMPTED FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323, THE ACQUISITION BY RAILAMERICA, INC. OF CONTROL OF KIAMICHI HOLDINGS, INC., AND ITS SUBSIDIARY CLASS III RAIL CARRIER KIAMICHI RAILROAD L.L.C.
    Entire Board · RAILAMERICA, INC.--CONTROL EXEMPTION--KIAMICHI HOLDINGS, INC. AND KIAMICHI RAILROAD L.L.C. · decision 32377
  14. FD 33407
    GAVE FINAL APPROVAL TO THE DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION TO CONSTRUCT AND OPERATE A RAIL LINE INTO THE POWDER RIVER BASIN OF WYOMING, SUBJECT TO EXTENSIVE ENVIRONMENTAL MITIGATION CONDITIONS.
    Entire Board · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 32372
  15. FD 33740 (Sub-No. 1)
    ORDERED: (1) OPENING STATMENTS FROM BNSF AND KJRY ADDRESSING ALL OF THE ISSUES TO BE RESOLVED BY THE BOARD ARE DUE BY MARCH 1, 2002; AND (2) REPLY STATEMENTS ARE DUE BY APRIL 1, 2002.
    Secretary · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--PETITION FOR DETERMINATION OF COMPENSATION AND OTHER TERMS · decision 32336
  16. AB 33 (Sub-No. 170)
    NOTICE TO THE PARTIES TO CORRECT AN ERROR IN THE DECISION SERVED ON JANUARY 16, 2002.
    Secretary · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN POLK COUNTY, IOWA · decision 32532
  17. AB 290 (Sub-No. 224X)
    ABANDONMENT OF THE INVOLVED RAIL LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.
    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN PIKE COUNTY, KY · decision 32520
  18. AB 290 (Sub-No. 218X)
    ABANDONMENT EXEMPTION SUBJECT TO THE CONDITIONS RECOMMENDED BY SECTION OF ENVIRONMENTAL ANALYSIS IN THE ENVIRONMENTAL ASSESSMENT
    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 32489
  19. FD 34162
    NOTICE THAT D-L HAS FILED A VERIFIED NOTICE OF EXEMPTION TO OPERATE A RAIL LINE TO BE ACQUIRED BY LCRA.
    Director Of Proceedings · DELAWARE-LACKAWANNA RAILROAD CO., INC.--CHANGE IN OPERATORS EXEMPTIONS--LACKAWANNA COUNTY RAILROAD AUTHORITY · decision 32473
  20. FD 34161
    NOTICE THAT LCRA HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE A LINE OF TRACK IN LACKAWANNA COUNTY, PA FROM SCRANTON LACKAWANNA INDUSTRIAL BUILDING COMPANY.
    Director Of Proceedings · LACKAWANNA COUNTY RAILROAD AUTHORITY--ACQUISITION EXEMPTION--SCRANTON LACKAWANNA INDUSTRIAL BUILDING COMPANY · decision 32472
  21. WCC 105
    EXTENDED THE DEADLINE FOR THE PARTIES TO CONFER AND JOINTLY PROPOSE A PROCEDURAL SCHEDULE TO FEBRUARY 15, 2002.
    Secretary · DHX, INC. V. MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC. · decision 32518
  22. AB 6 (Sub-No. 390X)
    ABANDONMENT EXEMPTION SUBJECT TO THE CONDITIONS RECOMMENDED BYTHE SECTION OF ENVIRONMENTAL ANALYSIS IN THE ENVIRONMENTAL ASSESSMENT.
    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--BETWEEN LOVING AND PECOS JUNCTION, NM, AND BETWEEN PECOS JUNCTION, NM, AND RUSTLER SPRINGS, TX · decision 32476
  23. FD 34163
    NOTICE THAT MMM HAS FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF FVRR UPON FVRR'S BECOMING A RAIL CARRIER.
    Director Of Proceedings · MARTIN MARIETTA MATERIALS, INC.--CONTINUANCE IN CONTROL EXEMPTION--FREDONIA VALLEY RAILROAD, INC. · decision 32463
  24. AB 511 (Sub-No. 2X)
    GRANTED CENTRAL RAILROAD COMPANY OF INDIANAPOLIS AN EXEMPTION, TO DISCONTINUE SERVICE OF A RAIL LINE IN GRANT COUNTY, IN, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.
    Entire Board · CENTRAL RAILROAD COMPANY OF INDIANAPOLIS--DISCONTINUANCE EXEMPTION--IN GRANT COUNTY, IN · decision 32349
  25. AB 290 (Sub-No. 212X)
    GRANTED EXEMPTIONS FOR NORFOLK SOUTHERN RAILWAY COMPANY AND CSX TRANSPORTATION, INC., TO DISCONTINUE SERVICE OVER CONSOLIDATED RAIL CORPORATION'S RIVER LINE IN HUDSON COUNTY, NJ.
    Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--DISCONTINUANCE EXEMPTION--IN HUDSON COUNTY, NJ · also entered in AB 55 (Sub-No. 584X) · decision 31918

Proceedings that moved in the week of 28 Jan 2002

DocketProceedingFilingsLast activity
NOR 42058 ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY 5
FD 33980 RIVERVIEW TRENTON RAILROAD COMPANY-ACQUISITION AND OPERATION EXEMPTION-CROWN ENTERPRISES, INC. 4
FD 34040 RIVERVIEW TRENTON RAILROAD COMPANY--PETITION FOR EXEMPTION FROM 49 U.S.C. 10901 TO ACQUIRE AND OPERATE A RAIL LINE IN WAYNE COUNTY, MI 4
FD 33877 ILLINOIS CENTRAL RAILROAD COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--IN EAST BATON ROUGE PARISH, LA 2
FD 34079 SAN JACINTO RAIL LIMITED CONSTRUCTION EXEMPTION AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY OPERATION EXEMPTION--BUILD-OUT TO THE BAYPORT LOOP NEAR HOUSTON, HARRIS COUNTY, TX 2
FD 34041 ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY 1
FD 34098 RYMES HEATING OILS, INC--PETITION FOR DECLARATORY ORDER 1
FD 34130 RAILAMERICA, INC.--CONTROL EXEMPTION--KIAMICHI HOLDINGS, INC. AND KIAMICHI RAILROAD L.L.C. 1
NOR 42059 NORTHERN STATES POWER COMPANY MINNESOTA D/B/A XCEL ENERGY V. UNION PACIFIC RAILROAD COMPANY 1
NOR 42072 CAROLINA POWER & LIGHT COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY 1
AB 534 (Sub-No. 2X) LAKE STATE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALPENA AND PRESQUE ISLE COUNTIES, MI 1
FD 33388 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 1
FD 34000 CANADIAN NATIONAL RAILWAY COMPANY, GRAND TRUNK CORPORATION, AND WC MERGER SUB, INC.--CONTROL--WISCONSIN CENTRAL TRANSPORTATION CORPORATION, WISCONSIN CENTRAL LTD., FOX VALLEY & WESTERN LTD., SAULT STE. MARIE BRIDGE COMPANY, AND WISCONSIN CHICAGO LINK LTD. 1
FD 34111 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD--PETITION FOR DECLARATORY ORDER 1
NOR 42068 CAPITOL MATERIALS INCORPORATED--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF NORFOLK SOUTHERN RAILWAY COMPANY 1
NOR 42052 UNION PACIFIC RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER--UNILATERALLY IMPOSED INTERCHANGE CHARGES 13
FD 33995 SF&L RAILWAY, INC.--ACQUISITION AND OPERATION EXEMPTION--TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND PEORIA, IL 3
FD 33996 KERN W. SCHUMACHER AND MORRIS H. KULMER--CONTINUANCE IN CONTROL EXEMPTION--SF&L RAILWAY, INC. 3
AB 33 (Sub-No. 170) UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN POLK COUNTY, IOWA 2
AB 303 (Sub-No. 18X) WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN POLK COUNTY, WIS. 1
AB 433-X IDAHO NORTHERN & PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WALLOWA AND UNION COUNTIES, OR 1
AB 167 (Sub-No. 1182X) CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN INDIANA COUNTY, PA 1
AB 33 (Sub-No. 143X) UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN WRIGHT, FRANKLIN AND CERRO GORDO COUNTIES, IA 1
AB 33 (Sub-No. 165X) UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CADDO PARISH, LA 1
AB 406 (Sub-No. 14X) CENTRAL KANSAS RAILWAY, L.L.C.--ABANDONMENT EXEMPTION--IN SEDGWICK COUNTY, KS 1
AB 434 (Sub-No. 3X) WINCHESTER & WESTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CUMBERLAND COUNTY, NJ 1
AB 43 (Sub-No. 172X) ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ADAMS COUNTY, MS 1
AB 472 (Sub-No. 1X) DAKOTA RAIL, INC.--ABANDONMENT EXEMPTION--IN MCLEOD, CARVER, AND HENNEPIN COUNTIES, MN 1
AB 529-X MIDDLETOWN & HUMMELSTOWN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LANCASTER COUNTY, PA 1
AB 55 (Sub-No. 602X) CSX TRANSPORTATION, INC--ABANDONMENT EXEMPTION--IN LIMESTONE COUNTY, AL 1
AB 581-X 1411 CORPORATION--ABANDONMENT EXEMPTION--IN LANCASTER COUNTY, PA 1
EP 586 ARBITRATION--VARIOUS MATTERS RELATING TO ITS USE AS AN EFFECTIVE MEANS OF RESOLVING DISPUTES THAT ARE SUBJECT TO THE BOARD'S JURISDICTION 1
NOR 41230 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. 1
S5M 116 (Sub-No. 1) WILLAMETTE TARIFF BUREAU, INC. -- RENEWAL OF AGREEMENT 1
S5M 118 (Sub-No. 2) EC-MAC MOTOR CARRIERS SERVICE ASSOCIATION, INC., ET AL. 1
S5M 22 (Sub-No. 8) PACIFIC INLAND TARIFF BUREAU INC. -- RENEWAL OF AGREEMENT 1
S5M 25 (Sub-No. 9) THE NEW ENGLAND MOTOR RATE BUREAU, INC. 1
S5M 34 (Sub-No. 10) MIDDLEWEST MOTOR FREIGHT BUREAU, INC.--RENEWAL OF AGREEMENT 1
S5M 45 (Sub-No. 16) NIAGARA FRONTIER TARIFF BUREAU, INC. 1
S5M 46 (Sub-No. 21) SOUTHERN MOTOR CARRIERS RATE CONFERENCE, INC. 1
S5M 55 (Sub-No. 2) MOTOR CARRIERS TRAFFIC ASSOCIATION -- AGREEMENT 1
S5M 58 (Sub-No. 4) MACHINERY HAULERS ASSOCIATION INC. -- AGREEMENT 1
S5M 60 (Sub-No. 11) ROCKY MOUNTAIN TARIFF BUREAU, INC. 1
S5M 63 (Sub-No. 4) NATIONWIDE BULK TRUCKING ASSOCIATION, INC. -- AGREEMENT 1
S5M 70 (Sub-No. 12) WESTERN MOTOR TARIFF BUREAU, INC. -- AGREEMENT 1
WCC 105 DHX, INC. V. MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC. 1
AB 33 (Sub-No. 183) UNION PACIFIC RAILROAD COMPANY--ABANDONMENT- SALT LAKE CITY CORPORATION--ADVERSE ABANDONMENT--IN SALT LAKE CITY, UT 3
FD 34170 UTAH TRANSIT AUTHORITY--ACQUISITION EXEMPTION--CERTAIN ASSETS OF UNION PACIFIC RAILROAD COMPANY 2
NOR 42071 OTTER TAIL POWER COMPANY V. BNSF RAILWAY COMPANY 2
AB 565 (Sub-No. 4X) NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN VERMILLION AND WARREN COUNTIES, IN 1

Captions and summaries appear as the Board prints them. Counts are filings observed in the record between 28 January – 3 February 2002; decisions are listed above and not counted here. Dates are quoted from the record, never computed.

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