Week of 9 Sep 2002

Decisions served

1. 13 Sep 2002 FD 33388 (Sub-No. 91)
   EXTENDED THE DEADLINE FOR FILING REPLIES TO THE CARGILL, INCORPORATED COMMENTS TO SEPTEMBER 25, 2002.

   Secretary · 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 [GENERAL OVERSIGHT] · decision 33044
2. 13 Sep 2002 AB 564
   (1) GRANTED CAMAS PRAIRIE RAILNET, INC.'S REQUEST FOR A 1-YEAR EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY FOR THE 66.8-MILE LINE OF RAILROAD KNOWN AS THE GRANGEVILLE LINE, OR SECOND SUBDIVISION, EXTENDING FROM MILEPOST 0.00 NEAR SPALDING, ID, TO MILEPOST 66.8 NEAR GRANGEVILLE, ID, IN LEWIS, NEZ PERCE, AND IDAHO COUNTIES, ID; AND (2) SCHEDULED AUTHORITY FOR ABANDONMENT TO EXPIRE ON SEPTEMBER 13, 2003.

   Director Of Proceedings · CAMAS PRAIRIE RAILNET, INC.—ABANDONMENT— IN LEWIS, NEZ PERCE, AND IDAHO COUNTIES, IDAHO (BETWEEN SPALDING AND GRANGEVILLE, IDAHO) · decision 33035
3. 13 Sep 2002 FD 34244
   NOTICE THAT DAKOTA MISSOURI VALLEY & WESTERN RAILROAD, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 ET SEQ. TO LEASE FROM MARSHALL COUNTY REGIONAL RAILROAD AUTHORITY, AND OPERATE 71.91 MILES OF RAIL LINE BETWEEN MILEPOST 115.08 IN BROWN COUNTY, SD, AND MILEPOST 43.17 AT GENESEO JCT., ND.

   Director Of Proceedings · DAKOTA MISSOURI VALLEY & WESTERN RAILROAD, INC. -- LEASE AND OPERATION EXEMPTION -- BETWEEN DMVW RR AND MARSHAL COUNTY REGIONAL RAILROAD AUTHORITY · decision 32983
4. 13 Sep 2002 FD 34019
   THIS DECISION (1) DENIES MONTEZUMA GRAIN COMPANY, LLP AND PARKE COUNTY REDEVELOPMENT COMMISSION'S (JOINTLY, PETITIONERS) PETITION TO VACATE THE ABANDONMENT AUTHORITY ISSUED IN ICC DOCKET NO. AB-55 (SUB-NO. 486); (2) DENIES PETITIONERS' PETITION TO REOPEN STB DOCKET NO. AB-55 (SUB-NO. 579X) AND VACATE ALL DECISIONS ISSUED THEREIN; (3) GRANTS CSXT'S MOTION TO DISMISS THE COMPLAINT; AND DIRECTS PETITIONERS TO INFORM THE BOARD WHETHER THEY INTEND TO PROCEED UNDER THE OFA PROCESS BY OCTOBER 14, 2002.

   Entire Board · MONTEZUMA GRAIN COMPANY, LLP AND PARKE COUNTY REDEVELOPMENT COMMISSION V. CSX TRANSPORTATION, INC. · also entered in AB 55 (Sub-No. 486), AB 55 (Sub-No. 579X) · decision 31738
5. 12 Sep 2002 EP 638
   REVISED THE APPENDIX TO THE BOARD'S DECISION SERVED ON SEPTEMBER 4, 2002 TO INCORPORATE EDITORIAL CHANGES REQUIRED BY THE FEDERAL REGISTER, AND EXTENDED THE COMMENT PERIOD UNTIL OCTOBER 11, 2002, WITH REPLY COMMENTS DUE 20 DAYS THEREAFTER.

   Secretary · PROCEDURES TO EXPEDITE RESOLUTION OF RAIL RATE CHALLENGES TO BE CONSIDERED UNDER THE STAND-ALONE COST METHODOLOGY · decision 33033
6. 12 Sep 2002 FD 34177
   DENIED THE MOTION FOR AN ORDER COMPELLING DISCOVERY FILED BY COOPERATING LABOR ORGANIZATIONS AND GRANTED THEIR REQUEST FOR AN EXTENSION OF TIME IN WHICH TO SUPPLEMENT A PETITION TO REVOKE.

   Entire Board · IOWA, CHICAGO & EASTERN RAILROAD CORPORATION--ACQUISITION AND OPERATION EXEMPTION--LINES OF I&M RAIL LINK, LLC · decision 33032
7. 12 Sep 2002 EP 542 (Sub-No. 4)
   REVISED APPENDIX C TO THE BOARD'S DECISION SERVED ON AUGUST 29, 2002 TO INCORPORATE EDITORIAL CHANGES REQUIRED BY THE FEDERAL REGISTER, AND EXTENDED THE COMMENT PERIOD UNTIL OCTOBER 11, 2002.

   Secretary · REGULATIONS GOVERNING FEES FOR SERVICES PERFORMED IN CONNECTION WITH LICENSING AND RELATED SERVICES--2002 NEW FEES · decision 33025
8. 12 Sep 2002 AB 33 (Sub-No. 170)
   (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED TO THE EXTENT NECESSARY THE DECISIONS SERVED ON JANUARY 16, 2002, AND JULY 9, 2002 IN ORDER TO IMPOSE INTERIM TRAIL USE/RAIL BANKING AND PUBLIC USE CONDITIONS ON VARIOUS SEGMENTS OF THE LINE.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN POLK COUNTY, IOWA · decision 33021
9. 12 Sep 2002 FD 34248
   NOTICE THAT DALLAS, GARLAND & NORTHEASTERN RAILROAD, INC. HAS AGREED TO ACQUIRE BY ASSIGNMENT FROM UNION PACIFIC RAILROAD COMPANY EXCLUSIVE TRACKAGE RIGHTS OVER DALLAS AREA RAPID TRANSIT'S ELAM BRANCH LINE BETWEEN APPROXIMATELY MILEPOST 308.80 NEAR ELAM, TX, AND APPROXIMATELY MILEPOST 314.84 NEAR BRIGGS, TX, A TOTAL DISTANCE OF APPROXIMATELY 6.04 MILES.

   Director Of Proceedings · DALLAS, GARLAND & NORTHEASTERN RAILROAD, INC.--TRACKAGE RIGHTS EXEMPTION-- DALLAS AREA RAPID TRANSIT · decision 33005
10. 12 Sep 2002 FD 33960
    DENIED THE PETITION FILED ON JUNE 29, 2001, BY JOSEPH C. SZABO ON BEHALF OF UNITED TRANSPORTATION UNION-ILLINOIS LEGISLATIVE BOARD TO REJECT A NOTICE OF EXEMPTION AND TO REVOKE THE EXEMPTION PERMITTING THE CENTRAL ILLINOIS RAILROAD COMPANY TO LEASE TRACKAGE IN CHICAGO, IL.

    Entire Board · CENTRAL ILLINOIS RAILROAD COMPANY--LEASE AND OPERATION EXEMPTION--LINES OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AT CHICAGO, COOK COUNTY, IL · decision 32265
11. 11 Sep 2002 EP 636
    THE BOARD ADOPTED FINAL RULES TO MAKE NUMEROUS NON-SUBSTANTIVE CHANGES TO ITS REGULATIONS AT 49 CFR 1200 ET SEQ.

    Entire Board · ACCOUNTS, RECORDS, AND REPORTS-TECHNICAL AMENDMENTS · decision 32856
12. 11 Sep 2002 NOR 42058
    (1) GRANTED OR DENIED TO THE EXTENT DISCUSSED IN THIS DECISION THE MOTIONS TO COMPEL; (2) LIMITED ARIZONA ELECTRIC POWER COOPERATIVE, INC.'S (AEPCO) AMENDED COMPLAINT, AS IT PERTAINS TO UP'S COLORADO RATES, TO THE PUBLISHED RATES IN UP 4244, AS AMENDED; (3) DENIED AEPCO'S REQUEST FOR CLARIFICATION; AND (4) ORDERED BNSF TO FURNISH THE DISCOVERY AUTHORIZED IN THIS DECISION WITHIN 30 DAYS AFTER THE DATE OF SERVICE.

    Secretary · ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · decision 32690
13. 10 Sep 2002 AB 33 (Sub-No. 93X)
    GRANTED THE CITY OF WHITTIER'S REQUEST TO AMEND THE EFFECTIVE DATE OF ITS JUNE 25, 2002 REQUEST FOR PARTIAL VACATION OF THE NITU FOR THE 15,000 SQUARE FOOT-PARCEL ALONG THE RIGHT-OF-WAY BETWEEN 2.70 AND MILEPOST 2.78 TO AUGUST 13, 2002.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-WHITTIER JUNCTION-COLIMA JUNCTION LINE IN LOS ANGELES COUNTY, CAL. · decision 32992
14. 9 Sep 2002 AB 33 (Sub-No. 153X)
    GRANTED IOWA TRAILS COUNCIL'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO FEBRUARY 20, 2003.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION-- IN MONROE COUNTY, IA · decision 33023