Week of 21 Oct 2002

Decisions served

1. 25 Oct 2002 AB 565 (Sub-No. 7X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO APRIL 28, 2003.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN SUFFOLK COUNTY, MA · decision 33107
2. 25 Oct 2002 AB 584 (Sub-No. 1X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · CANADA SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION- IN NIAGARA COUNTY, NY · decision 33074
3. 25 Oct 2002 AB 586 (Sub-No. 1X)
   DENIED IOWA TRAILS COUNCIL'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD.

   Director Of Proceedings · NORTH CENTRAL RAILWAY ASSOCIATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, IA · decision 33061
4. 25 Oct 2002 AB 314 (Sub-No. 2X)
   GRANTED CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A SEGMENT OF THE MARION-LOUISA INDUSTRY LEAD, EXTENDING FROM MILEPOST ZA 225.7 TO MILEPOST ZA 229.5, A DISTANCE OF APPROXIMATELY 3.8 MILES IN LINN COUNTY, IA, SUBJECT TO TRAIL USE, PUBLIC USE, AND ENVIRONMENTAL CONDITIONS, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LINN COUNTY, IA · decision 32991
5. 25 Oct 2002 FD 34191
   DENIED CHARLES SOTELO'S REQUEST THAT THE BOARD ISSUE AN ORDER DECLARING THAT THE CONSTRUCTION OF A 1,775-FOOT RAIL LINE FROM A POINT ON THE DOUGLAS BRANCH, ABOUT A MILE EAST OF THE CITY OF NACO, IN COCHISE COUNTY, AZ, TO THE INTERNATIONAL BORDER WITH MEXICO WAS A LINE RELOCATION AND AS SUCH DID NOT REQUIRE PRIOR BOARD APPROVAL UNDER 49 U.S.C. 10901.

   Director Of Proceedings · CHARLES M. SOTELO--PETITION FOR DECLARATORY ORDER--LINE RELOCATION IN COCHISE COUNTY, AZ · decision 32740
6. 24 Oct 2002 FD 34254
   GRANTED CSX TRANSPORTATION, INC.'S MOTION FOR A PROTECTIVE ORDER.

   Secretary · CSX TRANSPORTATION, INC.--TRACKAGE RIGHTS EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 33106
7. 24 Oct 2002 AB 167 (Sub-No. 1095X)
   NOTICE TO THE PARTIES: DISCUSSED THE BACKGROUND OF THE ABANDONMENT EXEMPTION PROCEEDING, DESCRIBED THE BOARD'S REINITIATION OF THE NATIONAL HISTORIC PRESERVATION ACT SECTION 106 PROCESS, AND REQUESTED COMMENTS ON SEVERAL SPECIFIC ISSUES.

   Chief Of Section Of Environmental Analysis · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--LANCASTER AND CHESTER COUNTIES, PA · decision 33097
8. 24 Oct 2002 FD 34178
   NOTICE TO THE PARTIES: COMPILED A SERVICE LIST FROM THE NOTICES OF INTENT TO PARTICIPATE SUBMITTED IN ACCORDANCE WITH THE PROCEDURAL SCHEDULE SET FORTH IN THIS PROCEEDING IN DECISION NO. 2 SERVED SEPTEMBER 26, 2002, AND PUBLISHED SEPTEMBER 27, 2002.

   Secretary · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION AND CEDAR AMERICAN RAIL HOLDINGS, INC.--CONTROL-- IOWA, CHICAGO & EASTERN RAILROAD CORPORATION · decision 33095
9. 24 Oct 2002 AB 570 (Sub-No. 1X)
   GRANTED LATAH COUNTY BOARD OF COUNTY COMMISSIONERS' REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO APRIL 26, 2003.

   Director Of Proceedings · PALOUSE RIVER & COULEE CITY RAILROAD, INC.--ABANDONMENT EXEMPTION--IN LATAH COUNTY, ID · decision 33091
10. 24 Oct 2002 AB 33 (Sub-No. 167X)
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE AUGUST 23, 2002 DECISION.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN COOK COUNTY, IL · decision 33078
11. 23 Oct 2002 FD 34111
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT OCTOBER 18, 2002, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

    Secretary · NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD--PETITION FOR DECLARATORY ORDER · decision 33108
12. 23 Oct 2002 AB 124 (Sub-No. 2)
    (1) GRANTED THE PETITION OF THE TRUSTEE OF THE BANGOR & AROOSTOOK RAILROAD COMPANY (BAR), FOR WAIVER OF CERTAIN REGULATORY REQUIREMENTS, AND EXEMPTION FROM CERTAIN STATUTORY REQUIREMENTS, IN CONNECTION WITH AN ADVERSE (THIRD-PARTY) ABANDONMENT APPLICATION THAT BAR INTENDS TO FILE IN STB AB-124 SUB-NO. 2 PROCEEDING; (2) DENIED BAR'S PETITION FOR RECONSIDERATION OF THE PORTION OF THE BOARD'S PRIOR DECISION SERVED SEPTEMBER 25, 2002, THAT INSTRUCTED BAR ON HOW TO PROCEED IF IT SEEKS TO FILE AN ADVERSE ABANDONMENT APPLICATION IN STB AB-124 SUB-NO. 2; AND (3) ORDERED THAT THESE PROCEEDINGS BE CONSOLIDATED FOR CONCURRENT HANDLING.

    Entire Board · WATERLOO RAILWAY COMPANY--ADVERSE ABANDONMENT--LINES OF BANGOR AND AROOSTOOK RAILROAD COMPANY AND VAN BUREN BRIDGE COMPANY IN AROOSTOOK COUNTY, ME · also entered in AB 279 (Sub-No. 3) · decision 33073
13. 23 Oct 2002 FD 34234
    NOTICE THAT MINNESOTA PRAIRIE LINE, INC. FILED A NOTICE FOR A MODIFIED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY UNDER 49 CFR 1150, SUBPART C, TO ACQUIRE THE COMMON CARRIER OBLIGATION FOR A RAIL LINE EXTENDING FROM APPROXIMATELY MILEPOST 51.4, AT OR NEAR NORWOOD, MN, TO APPROXIMATELY MILEPOST 145.7, AT OR NEAR HANLEY FALLS, MN.

    Director Of Proceedings · MINNESOTA PRAIRIE LINE, INC.--MODIFIED RAIL CERTIFICATE · decision 33055
14. 23 Oct 2002 EP 542 (Sub-No. 9)
    CLARIFIED THE SCOPE OF ITS RULE ASSESSING A FEE FOR FILING AN APPEAL TO A SURFACE TRANSPORTATION BOARD ADJUDICATIVE DECISION OR A PETITION TO REVOKE A NOTICE OF EXEMPTION AS INCLUDING ALL FORMS OF APPEAL FROM ALL TYPES OF ADJUDICATIVE DECISIONS ON THE MERITS.

    Entire Board · REGULATIONS GOVERNING FEES FOR SERVICES PERFORMED IN CONNECTION WITH LICENSING AND RELATED SERVICES--POLICY STATEMENT · decision 33050
15. 22 Oct 2002 AB 584 (Sub-No. 1X)
    NOTICE THAT CANADA SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 0.15-MILE LINE OF RAILROAD BETWEEN MILEPOST 0.0 AND MILEPOST 0.15, IN THE CITY OF NIAGARA FALLS, IN NIAGARA COUNTY, NY.

    Director Of Proceedings · CANADA SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION- IN NIAGARA COUNTY, NY · decision 33072
16. 22 Oct 2002 FD 32760
    (1) RESOLVED A DISPUTE OVER THE MECHANISM FOR ADJUSTING THE FEES TO BE PAID BY THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) FOR TRACKAGE RIGHTS THAT BNSF ACQUIRED OVER THE LINES OF UNION PACIFIC RAILROAD COMPANY IN CONNECTION WITH THE 1996 UP/SP MERGER; AND (2) FOUND THAT BNSF HAS NOT SHOWN THAT CERTAIN DISPUTED ITEMS SHOULD BE OMITTED FROM THE CALCULATIONS USED TO DETERMINE ANNUAL ADJUSTMENTS TO THE TRACKAGE RIGHTS FEES.

    Entire Board · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY UP-SP MERGER · decision 32884
17. 21 Oct 2002 AB 55 (Sub-No. 623X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PUTNAM COUNTY, IN · decision 33085
18. 21 Oct 2002 AB 471 (Sub-No. 6X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CRAWFORD COUNTY, KS · decision 33066