Week of 11 Nov 2002

Decisions served

1. 15 Nov 2002 FD 34236
   GRANTED CSXT'S 1-WEEK REQUEST FOR EXTENSION TO RESPOND TO THE OPENING STATEMENT OF COMPLAINANT BOLEN-BRUNSON-BELL LUMBER COMPANY, INC. (BBB), FILED OCTOBER 28, 2002, AND A 1-WEEK EXTENSION FOR BBB TO FILE ITS REBUTTAL.

   Secretary · BOLEN-BRUNSON-BELL LUMBER COMPANY, INC. V. CSX TRANSPORTATION, INC. · decision 33185
2. 15 Nov 2002 FD 34178
   REJECTED MUSCATINE POWER AND WATER'S (MPW) NOTICE OF INTENT TO PARTICIPATE, BECAUSE MPW DID NOT TIMELY FILE ITS NOTICE OF INTENT TO PARTICIPATE, NOR DID IT PROPERLY SERVE ALL PARTIES OF RECORD SHOWN ON THE OCTOBER 24, 2002 SERVICE LIST.

   Secretary · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION AND CEDAR AMERICAN RAIL HOLDINGS, INC.--CONTROL-- IOWA, CHICAGO & EASTERN RAILROAD CORPORATION · decision 33178
3. 15 Nov 2002 FD 34274
   NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP), PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT TO BE ENTERED INTO WITH ILLINOIS CENTRAL RAILROAD COMPANY (IC), WILL GRANT NONEXCLUSIVE OVERHEAD TRACKAGE RIGHTS TO IC OVER UP'S SALEM SUBDIVISION EXTENDING FROM MILEPOST 242.85 AT KINMUNDY, IL, TO MILEPOST 252.96 AT SALEM, IL.

   Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 33138
4. 15 Nov 2002 AB 550 (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 · R.J. CORMAN RAILROAD COMPANY/ALLENTOWN LINES, INC.--ABANDONMENT EXEMPTION--IN ERIE COUNTY, NY · decision 33121
5. 15 Nov 2002 FD 33388 (Sub-No. 90)
   COMPLETED THE THIRD AND FINAL ANNUAL ROUND OF THE BUFFALO RATE STUDY 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 (BUFFALO RATE STUDY) · decision 33113
6. 15 Nov 2002 NOR 42071
   ADDRESSES THE OUTSTANDING DISCOVERY DISPUTES BETWEEN THE PARTIES, COMPLAINANT OTTER TAIL POWER COMPANY AND DEFENDANT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY.

   Secretary · OTTER TAIL POWER COMPANY V. BNSF RAILWAY COMPANY · decision 32984
7. 14 Nov 2002 AB 471 (Sub-No. 6X)
   MODIFIED TO THE EXTENT NECESSARY THE NOTICE OF EXEMPTION PUBLISHED IN THE FEDERAL REGISTER ON OCTOBER 16, 2002, TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING, AS SET FORTH IN THIS DECISION.

   Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CRAWFORD COUNTY, KS · decision 33151
8. 14 Nov 2002 AB 6 (Sub-No. 396X)
   NOTICE THAT BNSF HAS FILED A NOTICE OF EXEMPTION TO ABANDON AND DISCONTINUE SERVICE OVER A 0.21-MILE LINE OF RAILROAD BETWEEN MILEPOST 58.05 AND MILEPOST 58.26 IN OTTAWA, FRANKLIN COUNTY, KS.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, KS · decision 33129
9. 14 Nov 2002 AB 844-X
   NOTICE THAT SANTA MARIA VALLEY RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 4.87-MILE LINE OF RAILROAD BETWEEN MILEPOST 9.75 AT COLLEGE DRIVE AND MILEPOST 14.62 AT GATES STATION, IN THE CITY OF SANTA MARIA, IN SANTA BARBARA COUNTY, CA.

   Director Of Proceedings · SANTA MARIA VALLEY RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SANTA BARBARA COUNTY, CA · decision 33126
10. 13 Nov 2002 AB 471 (Sub-No. 6X)
    ABANDONMENT OF THE INVOLVED RAIL LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CRAWFORD COUNTY, KS · decision 33152
11. 13 Nov 2002 AB 55 (Sub-No. 623X)
    (1) REOPENED THIS PROCEEDING; AND (2) ORDERED THAT THE EXEMPTION OF THE ABANDONMENT OF THE RAIL LINE DESCRIBED IN THIS PROCEEDING IS SUBJECT TO THE CONDITION THAT CSXT: (A) RETAIN ITS INTEREST IN THE LINE UNTIL COMPLETION OF THE SECTION 106 PROCESS OF THE NHPA; AND (B) CONSULT WITH THE NGS AND PROVIDE NGS WITH 90 DAYS' NOTICE PRIOR TO DISTURBING OR DESTROYING THE GEODETIC MARKERS ON THE LINE IN ORDER TO PLAN FOR THEIR RELOCATION.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PUTNAM COUNTY, IN · decision 33111
12. 12 Nov 2002 FD 32760
    EXTENDED, BY 20 DAYS, ALL APPLICABLE FILING DEADLINES WITH RESPECT TO DECISION NO. 98 IN THIS PROCEEDING.

    Secretary · 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 33160
13. 12 Nov 2002 AB 471 (Sub-No. 4X)
    GRANTED THE TRUST FOR PUBLIC LAND'S REQUEST TO EXTEND THE NEGOTIATION PERIOD UNDER THE NITU FOR THE PORTION OF THE RIGHT-OF-WAY BETWEEN MILEPOST 163.21 AND MILEPOST 188.0 TO MAY 19, 2003.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CRAWFORD, WILSON, ELK AND GREENWOOD COUNTIES, KS, AND OSAGE AND TULSA COUNTIES, OK · decision 33146