Week of 10 Feb 2003

Decisions served

1. 14 Feb 2003 EP 642
   NOTICE THAT THE BOARD HAS REVISED ITS DELEGATIONS OF AUTHORITY TO AUTHORIZE THE CHAIRMAN TO TAKE NECESSARY ACTIONS IN EMERGENCY SITUATIONS WHEN THE CHAIRMAN IS THE ONLY BOARD MEMBER REASONABLY AVAILABLE, AND, IF NO BOARD MEMBER IS AVAILABLE, DELEGATES AUTHORITY TO TAKE SUCH ACTIONS TO THE DIRECTOR OF THE BOARD'S OFFICE OF COMPLIANCE AND ENFORCEMENT.

   Entire Board · REVISION OF DELEGATION OF AUTHORITY REGULATIONS · decision 33395
2. 14 Feb 2003 AB 303 (Sub-No. 18X)
   GRANTED WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND WISCONSIN CENTRAL LTD.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL AUGUST 14, 2003.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN POLK COUNTY, WIS. · decision 33385
3. 14 Feb 2003 FD 34310
   DENIED WITHOUT PREJUDICE A PETITION FILED BY KEOKUK JUNCTION RAILWAY COMPANY, UNDER 49 U.S.C. 11123 AND 49 CFR PART 1146 FOR AUTHORITY TO PROVIDE ALTERNATIVE RAIL SERVICE ON A 71.5-MILE SEGMENT OF RAIL LINE IN ILLINOIS BETWEEN MILEPOST 194.5 AT LA HARPE AND MILEPOST 123.0 AT PEORIA THAT IS NOT CURRENTLY BEING OPERATED.

   Entire Board · KEOKUK JUNCTION RAILWAY COMPANY--ALTERNATIVE RAIL SERVICE--LINE OF SF&L RAILWAY, INC. · decision 33370
4. 14 Feb 2003 AB 55 (Sub-No. 627X)
   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 FLOYD COUNTY, KY · decision 33357
5. 14 Feb 2003 AB 6 (Sub-No. 402X)
   (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON JANUARY 16, 2003, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED IN THIS DECISION TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THE ORDERING PARAGRAPHS, FOR A PERIOD OF 180 DAYS FROM THE SERVICE DATE OF THIS DECISION AND NOTICE (UNTIL AUGUST 13, 2003), AND SUBJECT TO THE CONDITION THAT, BEFORE ANY SALVAGE ACTIVITIES ARE UNDERTAKEN, BNSF SHALL CONSULT WITH THE U.S. DEPARTMENT OF THE INTERIOR, WESTERN FISH AND WILDLIFE OFFICE, TO EVALUATE THE POTENTIAL IMPACTS TO THE BALD EAGLE AND BULL TROUT IN THE VICINITY OF THE LINE.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KING COUNTY, WA · decision 33333
6. 14 Feb 2003 AB 33 (Sub-No. 168X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN HARDIN COUNTY, IA (ELDORA JUNCTION LINE IN ELDORA, IA) · decision 33298
7. 13 Feb 2003 NOR 42076
   NOTICE THAT AERC AND BNSF HAVE AGREED TO BINDING VOLUNTARY ARBITRATION PURSUANT TO 49 CFR 1108 TO RESOLVE A DISPUTE BETWEEN THE TWO CARRIERS.

   Director Of Proceedings · ALBANY & EASTERN RAILROAD COMPANY V. THE BURLINGTON NORTHERN AND SANTA FE RAILROAD COMPANY · decision 33233
8. 12 Feb 2003 AB 565 (Sub-No. 2X)
   GRANTED NEW YORK CENTRAL LINES, LLC AND CSX TRANSPORTATION, INC.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO AUGUST 28, 2003.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 33378
9. 12 Feb 2003 MCF 20994
   AUTHORIZED AN EXEMPTION UNDER 49 U.S.C. 13541, FROM THE REQUIREMENTS OF 49 U.S.C. 14302, TO PERMIT NEW JERSEY TRANSIT BUS OPERATIONS, INC. (NJT BUS) AND ACADEMY LINES, L.L.C. (ACADEMY), TO CONDUCT INTERIM POOLING OPERATIONS UNTIL THE BOARD ACTS ON NJT BUS AND ACADEMY'S POOLING APPLICATION.

   Entire Board · NEW JERSEY TRANSIT BUS OPERATIONS, INC.--POOLING--ACADEMY LINES, L.L.C. · decision 33372
10. 11 Feb 2003 AB 55 (Sub-No. 627X)
    NOTICE THAT CSXT HAS FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 13.4-MILE LINE OF RAILROAD BETWEEN MILEPOST CON 3.1 AT SALISBURY AND MILEPOST CON 16.5 NEAR CLEAR CREEK JUNCTION IN FLOYD COUNTY, KY.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FLOYD COUNTY, KY · decision 33360
11. 10 Feb 2003 FD 33995
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT FEBRUARY 5, 2003, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT.

    Secretary · SF&L RAILWAY, INC.--ACQUISITION AND OPERATION EXEMPTION--TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND PEORIA, IL · also entered in FD 33996, AB 448 (Sub-No. 2X) · decision 33380
12. 10 Feb 2003 AB 597-X
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION, IMPOSED IN THE DECISION SERVED ON OCTOBER 4, 2002.

    Director Of Proceedings · BUTTE-SILVER BOW COUNTY--ABANDONMENT EXEMPTION--IN SILVER BOW COUNTY, MT · decision 33374
13. 10 Feb 2003 FD 34309
    NOTICE THAT IC, PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT BETWEEN THE CANADIAN NATIONAL RAILWAY COMPANY AND KCS, WILL GRANT OVERHEAD TRACKAGE RIGHTS TO KCS BETWEEN THE CONNECTION TO KCS AT APPROXIMATELY MILEPOST 160.0 AT JACKSON, MS, AND APPROXIMATELY MILEPOST 67.5 AT PALMER, MS (NEAR HATTIESBURG, MS).

    Director Of Proceedings · THE KANSAS CITY SOUTHERN RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--ILLINOIS CENTRAL RAILROAD COMPANY · decision 33358
14. 10 Feb 2003 EP 282 (Sub-No. 20)
    PROVIDED CERTIFICATION UNDER THE REGULATORY FLEXIBILITY ACT THAT THE PROPOSED RULE IN THIS PROCEEDING WILL HAVE NO SIGNIFICANT ECONOMIC IMPACT ON A SUBSTANTIAL NUMBER OF SMALL ENTITIES.

    Director Of Proceedings · RAILROAD CONSOLIDATION PROCEDURES--EXEMPTION FOR TEMPORARY TRACKAGE RIGHTS · decision 33335
15. 10 Feb 2003 EP 282 (Sub-No. 20)
    PROPOSED TO ADOPT A NEW CLASS EXEMPTION AT 49 CFR 1180.2(D)(8), AND RELATED REGULATIONS AT 49 CFR 1180.4(G)(2)(III) AND (IV), THAT WOULD BE AVAILABLE FOR TRACKAGE RIGHTS AGREEMENTS THAT BY THEIR TERMS EXPIRE ON A DATE CERTAIN, TO PERMIT THEIR AUTHORIZATION FOR A LIMITED PERIOD OF TIME.

    Entire Board · RAILROAD CONSOLIDATION PROCEDURES--EXEMPTION FOR TEMPORARY TRACKAGE RIGHTS · decision 33100