Week of 2 Sep 2002

Decisions served

1. 6 Sep 2002 AB 564
   (1) REOPENED THIS PROCEEDING; (2) REMOVED ENVIRONMENTAL CONDITIONS 1, 3, 6(A), AND 7(A), (B), AND (C); (3) ADDED A NEW ENVIRONMENTAL CONDITION (8) 'CSPR SHALL ABIDE BY THE TERMS OF ITS NEGOTIATED AGREEMENT WITH THE NEZ PERCE TRIBE GOVERNING STREAM RESTORATION ACTIVITIES AFFECTING LAPWAI CREEK AND ITS TRIBUTARIES'; AND (4) ORDERED THAT ALL OTHER PROVISIONS AND ENVIRONMENTAL CONDITIONS IMPOSED IN THE SEPTEMBER 13, 2002 DECISION IN THIS PROCEEDING WOULD REMAIN IN EFFECT.

   Director Of Proceedings · CAMAS PRAIRIE RAILNET, INC.—ABANDONMENT— IN LEWIS, NEZ PERCE, AND IDAHO COUNTIES, IDAHO (BETWEEN SPALDING AND GRANGEVILLE, IDAHO) · decision 33003
2. 6 Sep 2002 AB 837-X
   GRANTED THE LONG ISLAND RAIL ROAD COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO DISCONTINUE SERVICE OVER A LINE OF RAILROAD, KNOWN AS THE GARDEN CITY LINE, IN GARDEN CITY, NASSAU COUNTY, NY, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · LONG ISLAND RAIL ROAD COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN GARDEN CITY, LONG ISLAND, NY · decision 32956
3. 6 Sep 2002 AB 314 (Sub-No. 2X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LINN COUNTY, IA · decision 32903
4. 5 Sep 2002 FD 34248
   (1) GRANTED DALLAS, GARLAND & NORTHEASTERN RAILROAD, INC.'S MOTION FOR A PROTECTIVE ORDER; AND (2) ORDERED THAT THE UNREDACTED VERSION OF THE TRACKAGE RIGHTS AGREEMENT SUBMITTED IN FD 34248 WILL BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC, UNLESS THE UNDERTAKING IS EXECUTED AND THE TERMS OF THE PROTECTIVE ORDER ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

   Secretary · DALLAS, GARLAND & NORTHEASTERN RAILROAD, INC.--TRACKAGE RIGHTS EXEMPTION-- DALLAS AREA RAPID TRANSIT · decision 33006
5. 5 Sep 2002 FD 34236
   (1) GRANTED THE JOINT MOTION FILED BY CSX TRANSPORTATION, INC. (CSXT) AND BOLEN-BRUNSON-BELL LUMBER COMPANY, INC. (BBB) FOR A PROTECTIVE ORDER; (2) DIRECTED CSXT AND BBB TO COMPLY WITH THE PROTECTIVE ORDER IN THIS DECISION; AND (3) ADOPTED A PROCEDURAL SCHEDULE IN THIS PROCEEDING..

   Secretary · BOLEN-BRUNSON-BELL LUMBER COMPANY, INC. V. CSX TRANSPORTATION, INC. · decision 32986
6. 5 Sep 2002 FD 34239
   THE BOARD EXEMPTED UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323-25 THE LEASE AND OPERATION BY SLR OF (1) 5.5 MILES OF RAIL LINE BETWEEN MILEPOST 154.6 AT BERLIN, NH, AND MILEPOST 149.1 AT GORHAM, NH, AND (2) 0.5 MILES OF RAIL LINE IN THE VICINITY OF BERLIN, A TOTAL DISTANCE OF 6.0 MILES IN COOS COUNTY, NH.

   Entire Board · ST. LAWRENCE & ATLANTIC RAILROAD COMPANY--LEASE AND OPERATION EXEMPTION--RAIL LINES OF FRASER N.H. LLC · decision 32953
7. 4 Sep 2002 AB 565 (Sub-No. 8X)
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 CONDITION IMPOSED IN THE DECISION SERVED MAY 13, 2002.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN DELAWARE COUNTY, OH · decision 32990
8. 4 Sep 2002 EP 638
   PROPOSES TO AMEND THE BOARD'S REGULATIONS AT 49 CFR PARTS 1109 AND 1114 TO FURTHER EXPEDITE THE RESOLUTION OF RAIL RATE CHALLENGES CONSIDERED UNDER THE STAND-ALONE COST METHODOLOGY.

   Entire Board · PROCEDURES TO EXPEDITE RESOLUTION OF RAIL RATE CHALLENGES TO BE CONSIDERED UNDER THE STAND-ALONE COST METHODOLOGY · decision 32981
9. 3 Sep 2002 AB 318 (Sub-No. 5X)
   (1) GRANTED LOUISSIANA & DELTA RAILROAD, INC.'S (APPLICANT) REQUEST FOR CLARIFICATION AS TO THE DEADLINE FOR EXERCISE OF ITS ABANDONMENT AUTHORITY; AND (2) ORDERED THAT THE AUTHORITY TO ABANDON MUST BE EXERCISED, AND THE NOTICE OF CONSUMMATION MUST BE FILED, NOT LATER THAN 60 DAYS AFTER SATISFACTION OF THE CONDITIONS IMPOSED IN THIS PROCEEDING, WHICH, AS NOTED, APPLICANT EXPECTS TO OCCUR ON OR BEFORE SEPTEMBER 6, 2002.

   Director Of Proceedings · LOUISIANA AND DELTA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN IBERIA PARISH, LA · decision 32998
10. 3 Sep 2002 FD 34242
    NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER BNSF'S RAIL LINES BETWEEN BNSF MILEPOST 460.0 NEAR SWEETWATER, TX, AND BNSF MILEPOST 655.7 NEAR CLOVIS, NM, A DISTANCE OF APPROXIMATELY 221.2 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 32978
11. 3 Sep 2002 FD 34002
    GRANTED FINAL APPROVAL OF THE EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 FOR ALAMO NORTH TEXAS RAILROAD CORPORATION TO CONSTRUCT AND OPERATE A 2.25-MILE LINE OF RAILROAD IN WISE COUNTY COUNTY, TX, AND ADOPTS THE MITIGATION MEASURES, AS MODIFIED AND RECOMMENDED BY THE SECTION OF ENVIRONMENTAL ANALYSIS, AND IMPOSES THEM AS A CONDITION TO THE EXEMPTION.

    Entire Board · ALAMO NORTH TEXAS RAILROAD CORPORATION--CONSTRUCTION AND OPERATION EXEMPTION--IN WISE COUNTY, TX · decision 32951