Week of 30 Sep 2002

Decisions served

1. 4 Oct 2002 AB 597-X
   (1) GRANTED A PETITION FOR AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 AND THE REQUIREMENTS OF 49 U.S.C. 10904 TO ABANDON APPROXIMATELY 11 MILES OF RAILROAD KNOWN AS THE MISSOULA GULCH AND BUTTE HILL LINE IN AND NEAR BUTTE, IN SILVER BOW COUNTY, MT; AND (2) GRANTED A NOTICE OF INTERIM TRAIL USE AND IMPOSED A PUBLIC USE CONDITION.

   Entire Board · BUTTE-SILVER BOW COUNTY--ABANDONMENT EXEMPTION--IN SILVER BOW COUNTY, MT · decision 33008
2. 4 Oct 2002 FD 34060
   (1) GRANTED FINAL APPROVAL IN FD-34060 FOR AN EXEMPTION SOUGHT BY MIDWEST GENERATION, LLC (MIDWEST), TO CONSTRUCT A RAIL LINE CONNECTING ITS PLANT TO TRACK OPERATED BY THE UNION PACIFIC RAILROAD COMPANY; (2) REVOKED THE EXEMPTION IN PART AND ISSUED A CERTIFICATE UNDER 49 U.S.C. 10901 IN FD-34060; (3) GRANTED MIDWEST'S REQUEST FOR A DETERMINATION IN FD-34060-1, THAT, IN BUILDING AND OPERATING THIS NEW LINE, IT IS ENTITLED UNDER 49 U.S.C. 10901(D) TO CROSS THE TRACK OF THE ILLINOIS CENTRAL RAILROAD COMPANY; AND (4) REQUIRED THE PARTIES IN FD-34060-1 TO ENTER INTO NEGOTIATIONS TO SET THE COMPENSATION AND TERMS OF OPERATION FOR THE CROSSING.

   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 32639
3. 3 Oct 2002 AB 839 (Sub-No. 1X)
   NOTICE THAT KHP HAS FILED A NOTICE OF EXEMPTION TO ABANDON ITS ENTIRE 9.93-MILE LINE OF RAILROAD BETWEEN MILEPOST 571.85 AT KIOWA AND MILEPOST 581.78 AT HARDTNER, IN BARBER COUNTY, KS.

   Director Of Proceedings · KIOWA, HARDTNER AND PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN BARBER COUNTY, KS · decision 33045
4. 2 Oct 2002 FD 34250
   ALMONO LP FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE AND OPERATE APPROXIMATELY 2 MILES OF RAIL LINE OF THE MONONGAHELA CONNECTING RAILROAD COMPANY IN ALLEGHENY COUNTY, PA.

   Director Of Proceedings · ALMONO LP--ACQUISITION AND OPERATION EXEMPTION--LINE OF MONONGAHELA CONNECTING RAILROAD COMPANY · decision 33031
5. 2 Oct 2002 FD 34087
   DISMISSED THE PETITION FILED BY TRINIDAD RAILWAY, INC., AND ITS PARENT COMPANY A.P. MAXWELL DEVELOPMENT COMPANY, L.L.C., AS MOOT.

   Director Of Proceedings · TRINIDAD RAILWAY INC -- LEASE AND OPERATION EXEMPTION -- KERN VALLEY RAILROAD COMPANY · decision 33017
6. 2 Oct 2002 AB 573-X
   (1) TERMINATED THE OFA PROCESS IN THIS PROCEEDING; (2) VACATED THE DECEMBER 8, 2002 DECISION TO THE EXTENT IT POSTPONED THE EFFECTIVE DATE OF THE ABANDONMENT SO THAT THE OFA PROCESS COULD PROCEED; AND (3) DENIED RAILS TO TRAILS CONSERVANCY'S REQUEST FOR ISSUANCE OF A NITU.

   Director Of Proceedings · TRINIDAD RAILWAY, INC.--ABANDONMENT EXEMPTION--IN LAS ANIMAS COUNTY, CO · decision 33016
7. 1 Oct 2002 EP 587
   ADOPTED FINAL INFORMATION QUALITY GUIDELINES (I.Q. GUIDELINES) CONTAINING THE BOARD'S INFORMATION RESOURCE MANAGEMENT PROCEDURES FOR REVIEWING AND SUBSTANTIATING THE QUALITY OF INFORMATION BEFORE IT IS DISSEMINATED TO THE PUBLIC, AND THE PROCEDURES BY WHICH AN AFFECTED PERSON MAY OBTAIN CORRECTION OF INFORMATION DISSEMINATED BY THE BOARD THAT DOES NOT COMPLY WITH THE I.Q GUIDELINES.

   Miscellaneous · INFORMATION QUALITY GUIDELINES · decision 33054
8. 1 Oct 2002 FD 34232
   NOTICE THAT KANSAS & OKLAHOMA RAILROAD, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE FROM UNION PACIFIC RAILROAD COMPANY 27 MILES OF RAIL LINE LOCATED BETWEEN MILEPOST 485.0 AT NEWTON, KS, AND MILEPOST 512.0 AT MCPHERSON, KS.

   Director Of Proceedings · KANSAS & OKLAHOMA RAILROAD, INC.--LEASE EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 33036
9. 1 Oct 2002 FD 34249 (Sub-No. 1)
   EXEMPTED UNDER 49 U.S.C. 10502, THE TRACKAGE RIGHTS DESCRIBED IN STB FINANCE DOCKET NO. 34249 TO PERMIT THE TRACKAGE RIGHTS ARRANGEMENT TO EXTEND ONLY UNTIL OCTOBER 24, 2002.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33020
10. 30 Sep 2002 AB 55 (Sub-No. 568X)
    GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY TO ON OR BEFORE JANUARY 31, 2003 AND ITS REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL JANUARY 31, 2003.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, PA · decision 33047
11. 30 Sep 2002 EP 639
    REMOVED REGULATIONS CONCERNING THE CANCELLATION OF THROUGH ROUTES AND JOINT RATES, BECAUSE THOSE RULES HAVE BEEN MADE OBSOLETE BY STATUTORY CHANGES.

    Entire Board · REMOVAL OF JOINT RATE CANCELLATION REGULATIONS · decision 33037
12. 30 Sep 2002 FD 34133
    GRANTED S.D. WARREN COMPANY D/B/A SAPPI FINE PAPER NORTH AMERICA'S MOTION AND DISMISSED THE VERIFIED NOTICE OF EXEMPTION AND VACATED THE EXEMPTION IN THIS PROCEEDING.

    Entire Board · S.D. WARREN COMPANY D/B/A SAPPI FINE PAPER NORTH AMERICA--ACQUISITION AND OPERATION EXEMPTION--MAINE CENTRAL RAILROAD COMPANY AND THE SPRINGFIELD TERMINAL RAILWAY COMPANY · decision 32926