Week of 4 Nov 2002

Decisions served

1. 8 Nov 2002 AB 534 (Sub-No. 2X)
   GRANTED LAKE STATE RAILWAY COMPANY'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL MAY 7, 2003.

   Director Of Proceedings · LAKE STATE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALPENA AND PRESQUE ISLE COUNTIES, MI · decision 33153
2. 8 Nov 2002 FD 34252
   STAYED THE EFFECTIVENESS OF THE EXEMPTION COVERED BY THE NOTICE FILED ON OCTOBER 21, 2002, PENDING CONSIDERATION OF THE NUMEROUS ARGUMENTS MADE IN YOLO SHORTLINE RAILROAD COMPANY'S PETITION AND UNION PACIFIC RAILROAD COMPANY'S REPLY AND FURTHER BOARD ACTION.

   Commissioner · UNION PACIFIC RAILROAD COMPANY--OPERATION EXEMPTION--IN YOLO COUNTY, CA · decision 33143
3. 8 Nov 2002 AM 3
   REVISED THE SURFACE TRANSPORTATION BOARD'S INTERNAL PROCEDURES FOR IMPLEMENTING THE REGULATORY FLEXIBILITY ACT, WHICH REQUIRES AGENCIES TO CONSIDER THE EFFECTS OF THEIR RULES ON SMALL ENTITIES.

   Entire Board · IMPLEMENTATION OF THE REGULATORY FLEXIBILITY ACT · decision 33125
4. 8 Nov 2002 AB 550 (Sub-No. 2X)
   NOTICE THAT R. J. CORMAN COMPANY/ALLENTOWN LINES, INC. FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON: (1) THE WALDEN RUNNING TRACK BETWEEN APPROXIMATELY MILEPOST 413.90 AND APPROXIMATELY MILEPOST 418.50; AND (2) THE JD INDUSTRIAL TRACK BETWEEN APPROXIMATELY MILEPOST 0.00 AND APPROXIMATELY MILEPOST 0.60, A TOTAL DISTANCE OF APPROXIMATELY 5.20 MILES IN ERIE COUNTY, NY.

   Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/ALLENTOWN LINES, INC.--ABANDONMENT EXEMPTION--IN ERIE COUNTY, NY · decision 33114
5. 8 Nov 2002 AB 156 (Sub-No. 22X)
   NOTICE THAT D&H HAS FILED A NOTICE OF EXEMPTION TO DISCONTINUE TRACKAGE RIGHTS OVER A 0.15-MILE PORTION OF TRACKAGE OWNED BY CSR FROM A POINT ON THE INTERNATIONAL RAILWAY BRIDGE AT NIAGARA FALLS, MILEPOST 0.15, TO A POINT WHERE THE TRACKAGE JOINS THE CSX TRANSPORTATION, INC. TRACKAGE, MILEPOST 0.0, IN NIAGARA COUNTY, NY.

   Director Of Proceedings · DELAWARE AND HUDSON RAILWAY COMPANY D/B/A CANADIAN PACIFIC RAILWAY COMPANY--DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN NIAGARA COUNTY, NY · decision 33112
6. 7 Nov 2002 FD 34264
   NOTICE THAT CONNOTTON VALLEY RAILWAY, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO LEASE AND OPERATE, PURSUANT TO AN AGREEMENT WITH WHEELING & LAKE ERIE RAILWAY COMPANY, APPROXIMATELY 10.4 MILES OF RAIL LINE.

   Director Of Proceedings · CONNOTTON VALLEY RAILWAY, INC.--LEASE AND OPERATION EXEMPTION--WHEELING & LAKE ERIE RAILWAY COMPANY · decision 33090
7. 7 Nov 2002 AB 448 (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 · SF&L RAILWAY, INC.--ABANDONMENT EXEMPTION--IN HANCOCK, MCDONOUGH, FULTON AND PEORIA COUNTIES, IL · decision 33022
8. 6 Nov 2002 FD 34254
   NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY (NS) HAS AGREED TO GRANT CSX TRANSPORTATION, INC. TRACKAGE RIGHTS ON THE 'LIMA RUNNING TRACK' BETWEEN THE CONNECTION TO NS'S SUBDIVISION AT EIRE JUNCTION NEAR MILEPOST SP 90.4 AND MILEPOST 91.9 ALONG WITH ASSOCIATED YARD AND SIDETRACKAGE AT SOUTH LIMA YARD, AT LIMA, OH.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--TRACKAGE RIGHTS EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 33105
9. 5 Nov 2002 FD 33388 (Sub-No. 91)
   ADDRESSED THE PLEADINGS FILED IN THE THIRD ANNUAL ROUND OF THE CONRAIL 'GENERAL OVERSIGHT' PROCEEDING.

   Entire Board · 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 33070
10. 4 Nov 2002 AB 55 (Sub-No. 588X)
    (1) ISSUED A REPLACEMENT NITU APPLICABLE TO TENNESSEE OVERHILL ASSOCIATION AS INTERIM TRAIL USER EFFECTIVE ON THE SERVICE DATE OF THIS DECISION AND NOTICE; AND (2) REQUIRED THE NEW TRAIL USER TO ASSUME, FOR THE TERM OF THE AGREEMENT, FULL RESPONSIBILITY FOR MANAGEMENT OF, ANY LEGAL LIABILITY ARISING OUT OF THE TRANSFER OR USE OF (UNLESS THE USER IS IMMUNE FROM LIABILITY, IN WHICH CASE IT NEED ONLY INDEMNIFY THE RAILROAD AGAINST ANY POTENTIAL LIABLITY), AND FOR THE PAYMENT OF ANY AND ALL TAXES THAT MAY BE LEVIED OR ASSESSED AGAINST, THE RIGHT-OF-WAY.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN POLK AND MCMINN COUNTIES, TN · decision 33123
11. 4 Nov 2002 AB 565 (Sub-No. 11X)
    NOTICE THAT NYC AND CSXT JOINTLY FILED WITH THE BOARD A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN LAKE COUNTY, OH · also entered in AB 55 (Sub-No. 617X) · decision 33122
12. 4 Nov 2002 FD 34265
    NOTICE THAT BNRC HAS FILED A VERIFIED NOTICE OF EXEMPTION TO OPERATE 35.26 MILES OF RAIL LINE OWNED BY THE STATE OF OKLAHOMA BY AND THROUGH THE OKLAHOMA DEPARTMENT OF TRANSPORTATION AND BLACKWELL INDUSTRIES AUTHORITY.

    Director Of Proceedings · BLACKWELL & NORTHERN RAILWAY COMPANY, INC.--OPERATION EXEMPTION--OKLAHOMA DEPARTMENT OF TRANSPORTATION AND BLACKWELL INDUSTRIAL AUTHORITY · decision 33093