Week of 20 May 2002

Decisions served

1. 24 May 2002 S5M 61 (Sub-No. 6)
   EXTENDED THE DEADLINE FOR NATIONAL CLASSIFICATION COMMITTEE'S REPLY STATEMENT UNTIL JUNE 13, 2002.

   Secretary · NATIONAL CLASSIFICATION COMMITTEE -- AGREEMENT · decision 32805
2. 24 May 2002 AB 101 (Sub-No. 17X)
   NOTICE THAT DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A 2-MILE PORTION OF THE LINE KNOWN AS THE SLIVER BRANCE, IN THE CITY OF VIRGINIA IN ST. LOUIS COUNTY, MN.

   Director Of Proceedings · DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ST. LOUIS COUNTY, MN · decision 32768
3. 24 May 2002 AB 33 (Sub-No. 167X)
   NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903-05 TO ABANDON AN 8.06-MILE PORTION OF A LINE OF RAILRAOD, KNOWN AS THE SKOKIE INDUSTRIAL LEAD AND TO DISCONTINUE SERVICE OVER A 1.04-MILE PORTION OF LINE NEAR NORTHFIELD, IN COOK COUNTY, IL.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN COOK COUNTY, IL · decision 32766
4. 24 May 2002 AB 565 (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 · NEW YORK CENTRAL LINES, LLC--DISCONTINUANCE OF SERVICE EXEMPTION--IN ALLEN COUNTY, OH · also entered in AB 55 (Sub-No. 611X) · decision 32765
5. 24 May 2002 FD 34169
   THIS DECISION (1) RESOLVES A 49 U.S.C. 11321(A) 'PREEMPTION' CONTROVERSY THAT WAS REFERRED TO THE BOARD BY THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, AND (2) DISCONTINUED THE PROCEEDING.

   Entire Board · CONSOLIDATION COAL SALES COMPANY V. CONSOLIDATED RAIL CORPORATION · decision 32744
6. 24 May 2002 AB 598-X
   NOTICE THAT BHP NEVADA FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER 146 MILES OF RAILROAD BETWEEN MILEPOST 0.0 IN COBRE AND MILEPOST 146.1 IN KEYSTONE, IN ELKO AND WHITE PINE COUNTIES, NV.

   Director Of Proceedings · BHP NEVADA RAILROAD COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN ELKO AND WHITE PINE COUNTIES, NV · decision 32723
7. 24 May 2002 NOR 42059
   (1) GRANTED DEFENDANT'S REQUEST TO ESTABLISH A DECEMBER 31, 2001 CUT-OFF DATE FOR DISCOVERY; AND (2) GRANTED AND DENIED, TO THE EXTENT DISCUSSED IN THIS DECISION, COMPLAINANT'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS, SUBJECT TO THE PROVISIONS OF THE PROTECTIVE ORDER IN THIS PROCEEDING.

   Entire Board · NORTHERN STATES POWER COMPANY MINNESOTA D/B/A XCEL ENERGY V. UNION PACIFIC RAILROAD COMPANY · decision 32304
8. 24 May 2002 S5M 9 (Sub-No. 8)
   APPROVED THE NATIONAL BUS TRAFFIC ASSOCIATION, INC.'S APPLICATION FOR RENEWAL OF ITS RATE BUREAU AGREEMENT, WHICH IS UNCHANGED FROM ITS CURRENT AGREEMENT.

   Entire Board · APPLICATION OF THE NATIONAL BUS TRAFFIC ASSOCIATION, INC., FOR EXTENDED APPROVAL OF ITS CONFORMED AGREEMENT · decision 29925
9. 23 May 2002 AB 55 (Sub-No. 588X)
   (1) GRANTED SOUTHEAST LOCAL DEVELOPMENT CORPORATION'S (SLDC), REQUEST TO EXTEND THE JUNE 3, 2002 DUE DATE FOR 14 DAYS; AND (2) ADVISED CSX TRANSPORTATION, INC. AND SLDC THAT, IF THEY CANNOT AGREE ON THE PURCHASE PRICE, EITHER PARTY MAY REQUEST THE BOARD TO ESTABLISH THE TERMS AND CONDITIONS OF THE PURCHASE ON OR BEFORE JUNE 17, 2002.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN POLK AND MCMINN COUNTIES, TN · decision 32802
10. 23 May 2002 AB 565 (Sub-No. 8X)
    MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON APRIL 12, 2002, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED ABOVE TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET IN DECISION, SUBJECT TO THE CONDITIONS IMPOSED IN THE MAY 13, 2002 DECISION, AND SUBJECT TO THE CONDITIONS THAT APPLICANTS KEEP INTACT THE RIGHT-OF-WAY UNDERLYING THE TRACKS, INCLUDING BRIDGES, TRESTLES, CULVERTS AND TUNNELS, FOR A PERIOD OF 180 DAYS AFTER THE MAY 14, 2002 EFFECTIVE DATE (UNTIL NOVEMBER 10, 2002), TO ENABLE ANY STATE OR LOCAL GOVERNMENT AGENCY, OR OTHER INTERESTED PERSON TO NEGOTIATE THE ACQUISITION OF THE LINE FOR PUBLIC USE.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN DELAWARE COUNTY, OH · decision 32789
11. 23 May 2002 AB 601-X
    NOTICE THAT PINE BELT SOUTHERN RAILROAD COMPANY, INC. FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F, TO ABANDON A 25-MILE LINE OF RAILROAD BETWEEN NUCKOLS AND HURTSBORO, IN RUSSELL, BULLOCK, AND MACON COUNTIES, AL.

    Director Of Proceedings · PINE BELT SOUTHERN RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN RUSSELL, BULLOCK, AND MACON COUNTIES, AL · decision 32762
12. 23 May 2002 AB 6 (Sub-No. 395X)
    NOTICE THAT BNSF HAS FILED A NOTICE OF EXEMPTION TO ABANDON AND DISCONTINUE SERVICE OVER A 28.25-MILE LINE OF RAILROAD BETWEEN MILEPOST 343.55 IN COLUMBUS, CHEROKEE COUNTY, KS, AND MILEPOST 315.30 IN CARTHAGE, JASPER COUNTY, MO.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHEROKEE COUNTY, KS, AND JASPER COUNTY, MO · decision 32761
13. 23 May 2002 FD 34197
    NOTICE THAT RAILAMERICA AND ITS SUBSIDIARIES, ARZC, CFNR, AND PSAP, ARE MAKING CERTAIN CHANGES TO THEIR CORPORATE STRUCTURE AND HAVE FILED A VERIFIED NOTICE OF THE TRANSACTION UNDER THE BOARD'S INTRACORPORATE FAMILY CLASS EXEMPTION.

    Director Of Proceedings · RAILAMERICA INC., ARZC OPERATING COMPANY, INC., CFNR OPERATING COMPANY, INC., AND PSAP OPERATING COMPANY, INC.--CORPORATE FAMILY REORGANIZATION EXEMPTION · decision 32736
14. 23 May 2002 FD 34200
    NOTICE THAT PSAP OPERATING COMPANY, INC., FILED A NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE APPROXIMATELY 153.3 MILES OF RAIL LINES IN WASHINGTON.

    Director Of Proceedings · PSAP OPERATING COMPANY, INC.--ACQUISITION AND OPERATION EXEMPTION--PARKSIERRA CORP. · decision 32735
15. 23 May 2002 FD 34199
    NOTICE CFNR HAS FILED A NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE APPROXIMATELY 248.5 MILES OF RAIL LINES IN CALIFORNIA.

    Director Of Proceedings · CFNR OPERATING COMPANY, INC.--ACQUISITION AND OPERATION EXEMPTION--PARKSIERRA CORP. · decision 32734
16. 23 May 2002 FD 34198
    NOTICE THAT ARZC HAS FILED A NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE APPROXIMATELY 300 MILES OF RAIL LINES IN CALIFORNIA AND ARIZONA.

    Director Of Proceedings · ARZC OPERATING COMPANY, INC.--ACQUISITION AND OPERATION EXEMPTION--PARKSIERRA CORP. · decision 32733
17. 22 May 2002 FD 34170
    (1) GRANTED UTAH TRANSIT AUTHORITY'S MOTION TO DISMISS THE VERIFIED NOTICE OF EXEMPTION IN THIS PROCEEDING; AND (2) DISCONTINUED THE PROCEEDING.

    Entire Board · UTAH TRANSIT AUTHORITY--ACQUISITION EXEMPTION--CERTAIN ASSETS OF UNION PACIFIC RAILROAD COMPANY · decision 32567
18. 22 May 2002 EP 586
    MADE A TECHNICAL AMENDMENT TO THE REGULATION AT 49 CFR 1109.3, IN ORDER TO CORRECT A STATUTORY REFERENCE TO THE ADMINISTRATIVE DISPUTE RESOLUTION ACT, THE NUMBERING OF WHICH HAS CHANGED.

    Entire Board · ARBITRATION--VARIOUS MATTERS RELATING TO ITS USE AS AN EFFECTIVE MEANS OF RESOLVING DISPUTES THAT ARE SUBJECT TO THE BOARD'S JURISDICTION · decision 32503
19. 22 May 2002 EP 586
    AMENDED THE REGULATION AT 49 CFR 1111 GOVERNING FORMAL COMPLAINTS TO ADD A REQUIREMENT THAT IN COMPLAINT CASES THAT ARE POTENTIALLY ARBITRABLE UNDER THE BOARD'S VOLUNTARY ARBITRATION PROCESS (49 CFR PART 1108), THE COMPLAINT MUST CONTAIN A STATEMENT THAT ARBITRATION WAS CONSIDERED, BUT REJECTED, AS A MEANS OF RESOLVING THE DISPUTE.

    Entire Board · ARBITRATION--VARIOUS MATTERS RELATING TO ITS USE AS AN EFFECTIVE MEANS OF RESOLVING DISPUTES THAT ARE SUBJECT TO THE BOARD'S JURISDICTION · decision 32502
20. 21 May 2002 AB 33 (Sub-No. 166X)
    GRANTED CITY OF HASTINGS' REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL NOVEMBER 12, 2002.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ADAMS AND HALL COUNTIES, NE (HANSEN INDUSTRIAL LEAD BETWEEN HASTINGS AND HANSEN, NE) · decision 32784
21. 21 May 2002 FD 34195
    NOTICE THAT BDW HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE RAIL LINES OF: (A) BDL EXTENDING FROM MILEPOST 0.0 AT SHOBON TO MILEPOST 4.1 AT THE TOWN OF SHOSHONI, WY, AND OF LOST CABIN GAS PLANT LINE EXTENDING FROM MILEPOST 0.0 AT LYSITE TO MILEPOST 3.89 AT LOST CABIN, WY; AND (B) BDL'S TRACKAGE RIGHTS AGREEMENT WITH BNSF BETWEEN MILEPOST 282.5 AT LYSITE AND MILEPOST 306.0 NEAR SHOBON, WY.

    Director Of Proceedings · BIGHORN DIVIDE & WYOMING RAILROAD INC.--ACQUISITION AND OPERATION EXEMPTION--RAIL LINES OF BAD WATER LINE, INC. AND LOST CABIN GAS PLANT LINE IN RIVERTON, WY, AND OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY BETWEEN LYSITE, WY AND SHOBON, WY · decision 32711