Week of 23 Sep 2002

Decisions served

1. 26 Sep 2002 AB 402 (Sub-No. 8X)
   (1) GRANTED FOX VALLEY & WESTERN LTD.'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY; AND (2) ORDERED THAT THE AUTHORITY TO ABANDON THE LINE SEGMENT BETWEEN MILEPOST 4.78 AND MILEPOST 14.9 MUST BE EXERCISED NO LATER THAN JULY 31, 2005.

   Director Of Proceedings · FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN BROWN AND OUTAGAMIE COUNTIES, WI · decision 33040
2. 26 Sep 2002 FD 34178
   ACCEPTED FOR CONSIDERATION THE DME-2 PRIMARY APPLICATION AND THE UNDESIGNATED RELATED FILINGS FILED AUGUST 29, 2002, BY DM&E, CEDAR AMERICAN RAIL HOLDINGS, INC., AND IC&E, AND ESTABLISHED A PROCEDURAL SCHEDULE FOR THIS PROCEEDING.

   Entire Board · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION AND CEDAR AMERICAN RAIL HOLDINGS, INC.--CONTROL-- IOWA, CHICAGO & EASTERN RAILROAD CORPORATION · also entered in FD 34178 (Sub-No. 1), FD 34178 (Sub-No. 2) · decision 33026
3. 26 Sep 2002 FD 34237
   NOTICE THAT NSR AND ITS SUBSIDIARY MCR HAVE FILED A VERIFIED NOTICE OF EXEMPTION. AS PART OF A PROPOSED CORPORATE RESTRUCTURING, MCR WILL BE MERGED INTO NSR, WITH NSR AS THE SURVIVING ENTITY.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-- CORPORATE FAMILY TRANSACTION EXEMPTION -- MEMPHIS AND CHARLESTON RAILWAY COMPANY · decision 33014
4. 26 Sep 2002 EP 590
   NOTICE THAT THE BOARD IS PROPOSING AN EXEMPTION FROM THE STATUTORY REQUIREMENTS THAT RAIL CARRIERS DESIGNATE AGENTS IN THE DISTRICT OF COLUMBIA ON WHOM THE BOARD MAY SERVE NOTICES IN PROCEEDINGS.

   Entire Board · EXEMPTION FOR RAILROAD AGENT DESIGNATION UNDER 49 U.S.C. 723 · decision 32749
5. 25 Sep 2002 AB 491 (Sub-No. 1X)
   GRANTED CLEARFIELD COUNTY RAILS TO TRAILS ASSOCIATION'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL MARCH 24, 2003.

   Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES, INC.--ABANDONMENT EXEMPTION--IN CLEARFIELD AND CENTRE COUNTIES, PA · decision 33058
6. 25 Sep 2002 FD 34110
   THIS NOTICE TO THE PARTIES CORRECTS THE NOTICE OF EXEMPTION SERVED AND PUBLISHED ON SEPTEMBER 19, 2002 IN THIS PROCEEDING.

   Secretary · MONTREAL, MAINE & ATLANTIC RAILWAY, LLC--ACQUISITION AND OPERATION EXEMPTION--BANGOR & AROOSTOOK RAILROAD COMPANY, CANADIAN AMERICAN RAILROAD COMPANY, THE NORTHERN VERMONT RAILROAD COMPANY, INC., NEWPORT & RICHFORD RAILROAD COMPANY, AND VAN BUREN BRIDGE COMPANY · decision 33057
7. 25 Sep 2002 FD 30142 (Sub-No. 5)
   NOTICE THAT NSR HAS LEASED AND OPERATED THE PROPERTIES OF ITS WHOLLY OWNED SUBSIDIARY, VSW, CONSISTING OF APPROXIMATELY 100 MILES OF RAIL LINE IN TENNESSEE AND VIRGINIA, UNDER A LEASE ORIGINALLY AUTHORIZED BY THE BOARD'S PREDECESSOR, THE INTERSTATE COMMERCE COMMISSION, IN 1958.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--EXTENSION OF LEASE EXEMPTION--VIRGINIA AND SOUTHWESTERN RAILWAY COMPANY · decision 33013
8. 25 Sep 2002 AB 279 (Sub-No. 3)
   GRANTED EXEMPTIONS AND WAIVERS TO FACILITATE THE FILING OF AN APPLICATION BY THE BANGOR AND AROOSTOOK RAILROAD COMPANY, SEEKING THE ADVERSE DISCONTINUANCE OF TRACKAGE RIGHTS HELD BY THE CANADIAN NATIONAL RAILWAY COMPANY.

   Entire Board · CANADIAN NATIONAL RAILWAY COMPANY -- ADVERSE DISCONTINUANCE--LINES OF BANGOR AND AROOSTOOK RAILROAD COMPANY AND VAN BUREN BRIDGE COMPANY IN AROOSTOOK COUNTY, ME · decision 32966
9. 25 Sep 2002 FD 32549 (Sub-No. 24)
   DENIED A PETITION FILED BY BNSF SEEKING REVIEW OF AN ARBITRATION AWARD THAT WAS ISSUED ON APRIL 25, 2002, BY A PANEL CHAIRED BY NEUTRAL MEMBER CHRISTINE D. VER PLOEG THAT GRANTED BENEFITS UNDER THE NEW YORK DOCK LABOR PROTECTIVE CONDITIONS TO MRS. DIANE SUCHY.

   Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY-- PETITION FOR REVIEW OF ARBITRATION AWARD · decision 32788
10. 25 Sep 2002 EP 588
    REVISED THE DELEGATION OF AUTHORITY REGULATIONS TO REFLECT CHANGES MADE BY THE ICC TERMINATION ACT OF 1995 AND OTHER CHANGES.

    Entire Board · REVISION OF DELEGATION OF AUTHORITY REGULATIONS · decision 32709
11. 25 Sep 2002 NOR 42057
    (1) GRANTED XCEL'S THIRD MOTION TO COMPEL, AND DENIED ITS REQUEST FOR SANCTIONS; (2) DIRECTED BNSF TO PRODUCE THE DOCUMENTS BY OCTOBER 25, 2002; AND (3) DENIED XCEL'S MOTION FOR LEAVE TO REPLY.

    Secretary · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 32694
12. 25 Sep 2002 FD 32549 (Sub-No. 23)
    (1) GRANTED BNSF'S REQUEST FOR WAIVER OF THE 30 PAGE LIMIT FOR A PETITION TO REVIEW A NEW YORK DOCK ARBITRATION AWARD; (2) DENIED BNSF'S MOTION TO STRIKE PORTIONS OF UNITED TRANSPORTATION UNION'S REPLY; AND (3) DECLINED TO REVIEW THE ARBITRAL PANEL'S AWARD.

    Entire Board · BURLINGTON NORTHERN INC. AND BURLINGTON NORTHERN RAILROAD COMPANY--CONTROL AND MERGER--SANTA FE PACIFIC CORPORATION AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (ARBITRATION REVIEW) · decision 32202
13. 24 Sep 2002 FD 34251
    NOTICE THAT ELK RIVER RAILROAD, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE FROM CSX TRANSPORTATION, INC. AND OPERATE A 61.1-MILE RAIL LINE KNOWN AS THE ELK RIVER SUBDIVISION BETWEEN MILEPOST 6.2, AT OR NEAR GILMER, AND MILEPOST 67.3, AT OR NEAR HARTLAND, IN GILMER, BRAXTON, AND CLAY COUNTIES, WV.

    Director Of Proceedings · ELK RIVER RAILROAD, INC. --ACQUISITION AND OPERATION EXEMPTION--LINE OF CSX TRANSPORTATION, INC. · decision 33042
14. 24 Sep 2002 FD 33942 (Sub-No. 1)
    (1) GRANTED TRACKS, TRAFFIC, AND MANAGEMENT SERVICES, INC.'S (TTMS), PETITION FOR LEAVE TO FILE A REPLY, (2) GRANTED NATIONAL RAILWAY LABOR CONFERENCE'S PETITION FOR LEAVE TO INTERVENE (NRLC), (3) GRANTED TRANSPORTATION COMMUNICATIONS INTERNATIONAL UNION'S PETITION TO LATE-FILE ITS RESPONSE TO NRLC'S FILING; AND (4) DENIED TTMS' REQUEST FOR OUR REVIEW OF AN ARBITRATION AWARD.

    Entire Board · USX CORPORATION--CONTROL EXEMPTION--TRANSTAR, INC. (ARBITRATION REVIEW) · decision 32715
15. 23 Sep 2002 AB 448 (Sub-No. 2X)
    NOTICE THAT SF&L FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON ITS ENTIRE LINE OF RAILROAD EXTENDING BETWEEN MILEPOST 194.5 AT LA HARPE AND MILEPOST 123.0 AT PEORIA, IN HANCOCK, MCDONOUGH, FULTON AND PEORIA COUNTIES, IL.

    Director Of Proceedings · SF&L RAILWAY, INC.--ABANDONMENT EXEMPTION--IN HANCOCK, MCDONOUGH, FULTON AND PEORIA COUNTIES, IL · decision 33038
16. 23 Sep 2002 AB 55 (Sub-No. 592X)
    GRANTED CSXT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL MARCH 31, 2003, FOR THE LINE SEGMENTS BETWEEN MILEPOSTS B-1.3 AND B-4.96 AND BETWEEN MILEPOSTS B-5.52 AND B-6.7.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK COUNTY, IN · decision 33018