Week of 18 Mar 2002

Decisions served

1. 22 Mar 2002 AB 565 (Sub-No. 4X)
   GRANTED FLEX-N-GATE CORPORATION'S REQUEST TO EXTEND THE TIME PERIOD FOR EITHER PARTY TO REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF THE PURCHASE.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN VERMILLION AND WARREN COUNTIES, IN · decision 32644
2. 22 Mar 2002 AB 6 (Sub-No. 390X)
   LIMITED THE SECTION 106 HISTORIC CONDITION AND THE STORM WATER DISCHARGE AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT COVERAGE CONDITION, BOTH IMPOSED IN THE DECISION SERVED JANUARY 28, 2002, TO THE PORTION OF RIGHT-OF-WAY LOCATED WITHIN NEW MEXICO.

   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 32641
3. 22 Mar 2002 MCF 20989
   TENTATIVELY APPROVED, SUBJECT TO PUBLIC COMMENT, AN APPLICATION BY STAGECOACH GROUP PLC AND COACH USA, INC., ET AL., TO CONTROL COACH USA INDIANA, INC., AND CALIFORNIA ACQUISITION, INC.

   Entire Board · STAGECOACH GROUP PLC AND COACH USA, INC., ET AL.--CONTROL--COACH USA INDIANA, INC. AND CALIFORNIA ACQUISITION, INC. · decision 32593
4. 22 Mar 2002 AB 33 (Sub-No. 170)
   GRANTED MID-AMERICA RAILROAD L.L.C.'S APPEAL FROM THE DECISION SERVED ON JANUARY 30, 2002, REJECTING MAR'S OFFER OF FINANCIAL ASSISTANCE.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN POLK COUNTY, IOWA · decision 32577
5. 22 Mar 2002 AB 43 (Sub-No. 172X)
   GRANTED A PETITION FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR ILLINOIS CENTRAL RAILROAD COMPANY TO ABANDON A LINE OF RAILROAD KNOWN AS THE NATCHEZ SPRU, IN NATCHEZ, ADAMS COUNTY, MS.

   Entire Board · ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ADAMS COUNTY, MS · decision 32495
6. 21 Mar 2002 FD 33942 (Sub-No. 1)
   EXTENDED THE DEADLINE FOR TRACKS TRAFFIC AND MANAGEMENT SERVICES, INC. TO FILE ITS APPEAL TO APRIL 9, 2002.

   Secretary · USX CORPORATION--CONTROL EXEMPTION--TRANSTAR, INC. (ARBITRATION REVIEW) · decision 32645
7. 21 Mar 2002 FD 34182
   DENIED A PETITION FILED BY WLR RAILROAD SEEKING A PARTIAL WAIVER OF THE REQUIREMENTS OF 49 CFR 1150.32(E) TO PERMIT THE EXEMPTION IT IS SEEKING IN THIS PROCEEDING TO BECOME EFFECTIVE WITHOUT PROVIDING THE FULL 60-DAY ADVANCE NOTICE TO THE EMPLOYEES ON THE AFFECTED RAIL LINE AND TO THE NATIONAL OFFICES OF THE LABOR UNIONS OF THOSE EMPLOYEES.

   Entire Board · WRL RAILROAD ACQUISITION COMPANY--ACQUISITION AND OPERATION EXEMPTION--RAIL LINES OF THE CUYAHOGA VALLEY RAILWAY COMPANY AND RIVER TERMINAL RAILWAY COMPANY · decision 32634
8. 21 Mar 2002 AB 6 (Sub-No. 392X)
   NOTICE THAT BNSF HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ABANDON A LINE OF RAILROAD, IN KALISPELL, FLATHEAD COUNTY, MT.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FLATHEAD COUNTY, MT · decision 32616
9. 21 Mar 2002 AB 6 (Sub-No. 391X)
   NOTICE THAT BNSF HAS FILED A NOTICE OF EXEMPTION TO ABANDON AND DISCONTINUE SERVICE OVER A RAIL LINE IN BEATRICE AND WYMORE, IN GAGE COUNTY, NE.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY-- ABANDONMENT EXEMPTION--IN GAGE COUNTY, NE · decision 32615
10. 21 Mar 2002 FD 32760
    ADDRESSED A DISPUTE CONCERNING THE MECHANISM FOR ADJUSTING THE FEES THAT ARE APPLICABLE TO THE TRACKAGE RIGHTS THAT BNSF ACQUIRED OVER THE LINES OF UP IN CONNECTION WITH THE 1996 UP/SP MERGER.

    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 AND RIO GRANDE WESTERN RAILROAD COMPANY UP-SP MERGER · decision 32580
11. 21 Mar 2002 FD 34060
    GRANTED THE PETITION OF MIDWEST GENERATION, LLC, FOR AN EXEMPTION TO ALLOW IT TO CONSTRUCT A RAIL LINE FROM ITS PLANT TO A LINE OF THE UNION PACIFIC RAILROAD COMPANY, SUBJECT TO THE COMPLETION OF ENVIRONMENTAL REVIEW.

    Entire Board · MIDWEST GENERATION, LLC--EXEMPTION FROM 49 U.S.C. 10901--FOR CONSTRUCTION IN WILL COUNTY, IL · also entered in FD 34060 (Sub-No. 1) · decision 31965
12. 20 Mar 2002 NOR 42060
    (1) DISMISSED IN DOCKET NO. 42061, RPI-CTC'S PETITION WITHOUT PREJUDICE, AND DISCONTINUED THE PROCEEDING; AND (2) GRANTED IN DOCKET NO. 42060, CHLORINE INSTITUTE'S REQUEST TO WITHDRAW ITS NOTICE OF INTENT TO PARTICIPATE.

    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 · decision 32642
13. 20 Mar 2002 EP 290 (Sub-No. 5)
    APPROVED THE SECOND QUARTER 2002 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.062, RCAF (ADJUSTED) OF 0.563, AND RCAF-5 OF 0.541 AS SUBMITTED BY THE AAR.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 32620
14. 20 Mar 2002 FD 34175
    NOTICE THAT WSOR PURSUANT TO A WRITTEN TRACKAGE RIGHTS AMENDMENT AGREEMENT ENTERED INTO BETWEEN WSOR AND CN (FOR CN AND ON BEHALF OF WISCONSIN CENTRAL TRANSPORTATION (WCTC) AND WCTC'S WHOLLY OWNED SUBSIDIARY WCL), HAS AGREED TO GRANT NONEXCLUSIVE OVERHEAD TRACKAGE RIGHTS TO WCL OVER WSOR'S MAIN LINE BETWEEN SLINGER, WI AND NORTH MILWAUKEE, WI, INCLUDING TRACKAGE RIGHTS CONNECTING WITH FVW'S MAIN LINE AT DBR JUNCTION, AND CONNECTING WITH WCL'S PLYMOUTH SUB AT NORTH MILWAUKEE (JOINT TRACKAGE).

    Director Of Proceedings · CANADIAN NATIONAL RAILWAY COMPANY AND WISCONSIN CENTRAL LTD.--TRACKAGE RIGHTS EXEMPTION--WISCONSIN & SOUTHERN RAILROAD COMPANY · decision 32609
15. 20 Mar 2002 AB 55 (Sub-No. 580X)
    (1) GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY; AND (2) ORDERED THAT THE AUTHORITY TO ABANDON MUST BE EXERCISED, AND THE NOTICE OF CONSUMMATION MUST BE FILED, ON OR BEFORE JUNE 30, 2002.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MUHLENBERG AND MCLEAN COUNTIES, KY · decision 32584
16. 20 Mar 2002 AB 406 (Sub-No. 14X)
    DENIED THE REQUEST BY SOUTHWIND COMMUNITY SYNERGY, INC. TO EXTEND ITS INTERIM TRAIL USE NEGOTIATING PERIOD.

    Director Of Proceedings · CENTRAL KANSAS RAILWAY, L.L.C.--ABANDONMENT EXEMPTION--IN SEDGWICK COUNTY, KS · decision 32462
17. 19 Mar 2002 AB 33 (Sub-No. 145X)
    REMOVED THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL CONDITION IMPOSED IN THE DECISION SERVED MAY 15, 2000.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN STANISLAUS COUNTY, CA · decision 32613
18. 19 Mar 2002 NOR 41230
    GRANTED GS ROOFING'S REQUEST TO DISMISS THIS PROCEEDING WITH PREJUDICE.

    Secretary · 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 32512
19. 18 Mar 2002 AB 290 (Sub-No. 220X)
    MODIFIED THE NOTICE OF EXEMPTION SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON DECEMBER 21, 2001, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED IN THIS DECISION TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AND TO PERMIT PUBLIC USE NEGOTIATIONS.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WISE COUNTY, VA · decision 32636
20. 18 Mar 2002 FD 34176
    NOTICE THAT WNYP HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE A RAIL LINE CURRENTLY OWNED BY NORTHWEST PENNSYLVANIA RAIL AUTHORITY AND OPERATED BY OIL CREEK & TITUSVILLE LINES, INC.

    Director Of Proceedings · WESTERN NEW YORK & PENNSYLVANIA RAILROAD, LLC--ACQUISITION AND OPERATION EXEMPTION--LINE OF NORTHWEST PENNSYLVANIA RAIL AUTHORITY · decision 32591