Week of 9 Dec 2002

Decisions served

1. 13 Dec 2002 NOR 42069
   (1) GRANTED DUKE ENERGY AND NS'S JOINT MOTION TO ESTABLISH A SCHEDULE FOR SUBMISSION OF CLOSING BRIEFS IN STB DOCKET NO. 42069; (2) GRANTED DUKE ENERGY AND CSXT'S JOINT MOTION TO ESTABLISH A BRIEFING SCHEDULE IN STB DOCKET NO. 42070; AND (3) GRANTED CP&L AND NS'S JOINT MOTION TO ESTABLISH A BRIEFING SCHEDULE IN STB DOCKET NO. 42072.

   Secretary · DUKE ENERGY CORPORATION V. NORFOLK SOUTHERN RAILWAY COMPANY · also entered in NOR 42070, NOR 42072 · decision 33256
2. 13 Dec 2002 AB 55 (Sub-No. 619X)
   POSTONED THE EFFECTIVE DATE OF THE EXEMPTION AUTHORIZING THE ABANDONMENT IN ORDER TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 TO PROCEED.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALLEGAN COUNTY, MI · decision 33249
3. 13 Dec 2002 AB 845-X
   NOTICE THAT CHS FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON ITS ENTIRE LINE OF RAILROAD EXTENDING FROM MILEPOST 177.44 TO THE END OF THE LINE AT MILEPOST 179.55, IN PEMBINA COUNTY, ND.

   Director Of Proceedings · CHS HOLDINGS, INC.--ABANDONMENT EXEMPTION--IN PEMBINA COUNTY, ND · decision 33223
4. 13 Dec 2002 AB 279 (Sub-No. 4X)
   NOTICE THAT CN HAS FILED A NOTCE OF EXEMPTION TO DISCONTINUE TRACKAGE RIGHTS OVER A 0.15-MILE PORTION OF TRACKAGE OWNED BY CANADA SOUTHERN RAILWAY COMPANY 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 · CANADIAN NATIONAL RAILWAY COMPANY--DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN NIAGARA COUNTY, NY · decision 33218
5. 13 Dec 2002 AB 6 (Sub-No. 399X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, NE · decision 33202
6. 13 Dec 2002 AB 844-X
   THIS DECISION (1) REOPENED THE PROCEEDING, (2) GRANTED A REQUEST TO IMPOSE A PUBLIC USE CONDITION ON THE LINE, AND (3) DENIED A REQUEST FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE/RAIL BANKING.

   Director Of Proceedings · SANTA MARIA VALLEY RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SANTA BARBARA COUNTY, CA · decision 33193
7. 13 Dec 2002 FD 34213
   NOTICE THAT PUGET SOUND & PACIFIC RAILROAD FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE AND OPERATE APPROXIMATELY 1.85 MILES OF RAIL LINE FROM UNION PACIFIC RAILROAD COMPANY EXTENDING BETWEEN MILEPOST 2.41 AT BLAKESLEE JUNCTION, WA, AND MILEPOST 4.26 AT RAISCH, WA.

   Director Of Proceedings · PUGET SOUND & PACIFIC RAILROAD--LEASE AND OPERATION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 33183
8. 13 Dec 2002 FD 34266
   NOTICE THAT MMM HAS FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF ALAMO NORTH TEXAS RAILROAD CORPORATION (ALAMO NORTH) UPON ALAMO NORTH'S BECOMING A CLASS III RAILROAD.

   Director Of Proceedings · MARTIN MARIETTA MATERIALS, INC.--CONTINUANCE IN CONTROL EXEMPTION--ALAMO NORTH TEXAS RAILROAD CORPORATION · decision 33171
9. 13 Dec 2002 AB 565 (Sub-No. 11X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN LAKE COUNTY, OH · also entered in AB 55 (Sub-No. 617X) · decision 33101
10. 12 Dec 2002 AB 124 (Sub-No. 2)
    DENIED THE TRUSTEE OF THE BANGOR AND AROOSTOOK RAILROAD COMPANY'S (BAR) REQUEST THAT THE BOARD SET DECEMBER 16, 2002 AS THE DUE DATE FOR THE CANADIAN NATIONAL RAILWAY COMPANY'S REPLY TO BAR'S MOTION TO COMPEL IN CONNECTION WITH DISCOVERY IN THESE PROCEEDINGS.

    Secretary · 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 33261
11. 12 Dec 2002 FD 34255
    GRANTED THE UNITED TRANSPORTATION UNION-GENERAL COMMITTEE OF ADJUSTMENT'S (UTU/GO-386) MOTION TO COMPEL, SUBJECT TO A PROTECTIVE ORDER TO BE ISSUED IN A SEPARATE DECISION, BUT DENIED UTU/GO-386'S PETITION FOR STAY OF THE EXEMPTION AS UNNECESSARY AT THIS TIME.

    Commissioner · PORTLAND & WESTERN RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33234
12. 12 Dec 2002 AB 6 (Sub-No. 398X)
    NOTICE THAT BNSF HAS FILED A NOTICE OF EXEMPTION TO ABANDON A 1.92-MILE LINE OF RAILROAD BETWEEN MILEPOST 9.48 AND MILEPOST 11.40 IN REDLANDS, SAN BERNARDINO COUNTY, CA.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION --IN SAN BERNARDINO COUNTY, CA · decision 33213
13. 12 Dec 2002 AB 33 (Sub-No. 198X)
    NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A 1.40-MILE LINE OF RAILROAD, KNOWN AS THE NINTH STREET ELECTRIC INDUSTRIAL LEAD, FROM MILEPOST 0.00 IN EMERYVILLE TO MILEPOST 1.40 AT THE END OF THE LINE IN BERKELEY, ALAMEDA COUNTY, CA.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ALAMEDA COUNTY, CA · decision 33211
14. 12 Dec 2002 EP 558 (Sub-No. 6)
    INSTITUTED A PROCEEDING TO DETERMINE THE RAILROAD INDUSTRY'S COST OF CAPITAL FOR 2002.

    Entire Board · RAILROAD COST OF CAPTIAL - 2002 · decision 33186
15. 12 Dec 2002 FD 34269
    EXEMPTED UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323-25 THE ACQUISITION OF CONTROL BY RAILAMERICA, INC., ET AL., OF A&R LINE, INC. (A&R) AND J.K. LINE, INC. (J.K.) AND THE MERGER OF A&R AND J.K. INTO THE TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION.

    Entire Board · RAILAMERICA, INC., ET AL.--CONTROL AND MERGER EXEMPTION--A&R LINE, INC., AND J.K. LINE, INC. · decision 33116
16. 10 Dec 2002 FD 34291
    DENIED A PETITION FOR STAY FILED ON DECEMBER 4, 2002, BY JOSEPH C. SZABO, FOR AND ON BEHALF OF THE UNITED TRANSPORTATION UNION-ILLINOIS LEGISLATIVE BOARD.

    Commissioner · COMRAIL INTERNATIONAL RAILROAD, INC.-OPERATION EXEMPTION-CHICAGO HEIGHTS RAILCAR, INC. · decision 33247
17. 10 Dec 2002 AB 55 (Sub-No. 602X)
    (1) REOPENED THIS PROCEEDING; (2) GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY; (3) ORDERED THAT THE AUTHORITY MUST BE EXERCISED, AND THE NOTICE OF CONSUMMATION MUST BE FILED, NO LATER THAN AUGUST 7, 2003; AND (4) MODIFIED THE NOTICE OF EXEMPTION PUBLISHED IN THE FEDERAL REGISTER ON DECEMBER 21, 2001, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS DECISION, UNTIL JUNE 8, 2003.

    Director Of Proceedings · CSX TRANSPORTATION, INC--ABANDONMENT EXEMPTION--IN LIMESTONE COUNTY, AL · decision 33217
18. 10 Dec 2002 AB 6 (Sub-No. 399X)
    NOTICE THAT BNSF HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ABANDON A 10.8-MILE LINE OF RAILROAD BETWEEN MILEPOST 127.83, NEAR REYNOLDS, AND MILEPOST 117.03, NEAR ENDICOTT, IN JEFFERSON COUNTY, NE (LINE).

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, NE · decision 33203
19. 10 Dec 2002 AB 550 (Sub-No. 2X)
    IMPOSED THE CONDITION THAT R.J. CORMAN RAILROAD COMPANY IS REQUIRED TO CONSULT WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF LEGAL AFFAIRS (NYSDEC) PRIOR TO SALVAGE OPERATIONS TO ADDRESS NYSDEC'S CONCERNS.

    Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/ALLENTOWN LINES, INC.--ABANDONMENT EXEMPTION--IN ERIE COUNTY, NY · decision 33191
20. 10 Dec 2002 AB 290 (Sub-No. 214X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 33189
21. 9 Dec 2002 AB 55 (Sub-No. 606X)
    GRANTED THE REQUEST FILED BY CSXT TO EXTEND THE NITU NEGOTIATING PERIOD TO JULY 8, 2003.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALLEGHENY COUNTY, PA · decision 33231
22. 9 Dec 2002 AB 101 (Sub-No. 16X)
    ACCEPTED DM&IR'S LATE-FILED NOTICE OF CONSUMMATION.

    Director Of Proceedings · DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ST. LOUIS COUNTY, MN · decision 33215
23. 9 Dec 2002 AB 33 (Sub-No. 197X)
    NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A PORTION OF THE SAN JOSE INDUSTRIAL LEAD FROM MILEPOST 19.60 NEAR VALBRICK TO MILEPOST 22.45 NEAR CAHILL, A DISTANCE OF 2.85 MILES SANTA CLARA COUNTY, CA.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SANTA CLARA COUNTY, CA · decision 33197