Week of 10 Mar 2003

Decisions served

1. 14 Mar 2003 EP 333
   NOTICE THAT THE BOARD WILL CONDUCT A VOTING CONFERENCE ON FRIDAY, MARCH 21, 2003, AT 9:30 A.M.

   Secretary · MEETINGS OF THE BOARD · also entered in EP 589, FD 34210, FD 34276, FD 34305, NOR 42054, NOR 42056, NOR 42069, NOR 42070, S5M 116 (Sub-No. 1), S5M 55 (Sub-No. 2), S5M 118 (Sub-No. 2), S5M 58 (Sub-No. 4), S5M 63 (Sub-No. 4), S5M 61 (Sub-No. 6), S5M 22 (Sub-No. 8), S5M 25 (Sub-No. 9), S5M 34 (Sub-No. 10), S5M 60 (Sub-No. 11), S5M 70 (Sub-No. 12), S5M 45 (Sub-No. 16), S5M 46 (Sub-No. 21), AB 32 (Sub-No. 92) · decision 33453
2. 14 Mar 2003 AB 845-X
   GRANTED A PETITION FILED BY CHS, SEEKING AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS 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, A DISTANCE OF 2.11 MILES, IN PEMBINA COUNTY, ND, SUBJECT TO AN ENVIRONMENTAL CONDITION.

   Entire Board · CHS HOLDINGS, INC.--ABANDONMENT EXEMPTION--IN PEMBINA COUNTY, ND · decision 33225
3. 12 Mar 2003 AB 12 (Sub-No. 184X)
   GRANTED THE U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL SEPTEMBER 3, 2003.

   Director Of Proceedings · SOUTHERN PACIFIC TRANSPORTATION COMPANY--ABANDONMENT EXEMPTION--WENDEL-ALTURAS LINE IN MODOC AND LASSEN COUNTIES, CAL. · decision 33436
4. 12 Mar 2003 FD 34316
   NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO BNSF OVER UP'S PORT LAVACA SUBDIVISION EXTENDING FROM MILEPOST 14.2 IN PLACEDO, TX, TO MILEPOST 6.95 IN KAMEY, TX, A DISTANCE OF APPROXIMATELY 7.25 MILES.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 33413
5. 12 Mar 2003 AB 55 (Sub-No. 627X)
   (1) REOPENED THIS PROCEEDING; AND (2) ORDERED THAT THE EXEMPTION OF THE ABANDONMENT OF THE LINE DESCRIBED IN THIS DECISION IS SUBJECT TO THE CONDITIONS THAT CSXT SHALL: (A) PROVIDE NGS WITH AT LEAST 90 DAYS' NOTICE PRIOR TO INITIATION OF ANY SALVAGE OPERATIONS THAT MAY DISTURB OR DESTROY ANY OF THE GEODETIC STATION MARKERS SO THAT PLANS CAN BE MADE FOR THEIR RELOCATION; (B) CONTACT FCFO PRIOR TO COMMENCEMENT OF ANY SALVAGE ACTIVITITIES CONCERNING POSSIBLE IMPACTS OF ABANDONMENT IN THE 100-YEAR FLOOD PLAIN AND APPROPRIATE PERMIT COVERAGE; AND (C) RETAIN ITS INTEREST IN AND TAKE NO STEPS TO ALTER THE HISTORIC INTEGRITY OF ALL SITES AND STRUCTURES ON THE RIGHT-OF-WAY THAT ARE 50 YEARS OLD OR OLDER UNTIL COMPLETITION OF THE SECTION 106 PROCESS OF THE NHPA.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FLOYD COUNTY, KY · decision 33409
6. 12 Mar 2003 AB 33 (Sub-No. 198X)
   GRANTED UNION 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 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, IN ALAMEDA COUNTY, CA, SUBJECT TO A TRAIL USE CONDITION AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ALAMEDA COUNTY, CA · decision 33212
7. 12 Mar 2003 FD 34233
   GRANTED AN EXEMPTION UNDER 49 U.S.C. 10502, FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901, FOR THE REINSTITUTION OF SERVICE BY NORFOLK SOUTHERN RAILWAY COMPANY OVER APPROXIMATELY 3.2 MILES OF THE TOLEDO TO MAUMEE BRANCH LINE EXTENDING FROM MILEPOST TM-9.3 IN TOLEDO TO MILEPOST TM-12.5 NEAR MAUMEE, IN LUCAS COUNTY, OH.

   Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--REINSTITUTION OF SERVICE--BETWEEN TOLEDO AND MAUMEE IN LUCAS COUNTY, OH · decision 33115
8. 11 Mar 2003 FD 30186 (Sub-No. 3)
   BOARD GAVE NOTICE THAT IT IS ALLOWING THE TONGUE RIVER RAILROAD COMPANY TO SUPPLEMENT ITS APPLICATION, FILED ON APRIL 27, 1998, TO CONSTRUCT AND OPERATE 17.3 MILES OF TRACK, CALLED THE WESTERN ALIGNMENT, TO BE BUILT BETWEEN DECKER, MT, AND A POINT 17.3 MILES NORTH OF DECKER.

   Entire Board · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 33429
9. 11 Mar 2003 FD 34313
   NOTICE THAT EASTERN SHORE RAILROAD, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO OPERATE A 20.2-MILE LINE OF RAILROAD OWNED BY GREATER SHENANDOAH VALLEY DEVELOPMENT COMPANY D/B/A SHENANDOAH VALLEY RAILROAD COMPANY, BETWEEN PLEASANT VALLEY, VA (MILEPOST 5.0) AND STAUNTON, VA (MILEPOST 25.2), IN ROCKINGHAM AND AUGUSTA COUNTIES, VA.

   Director Of Proceedings · EASTERN SHORE RAILROAD, INC.--OPERATION EXEMPTION--GREATER SHENANDOAH VALLEY DEVELOPMENT COMPANY D/B/A SHENANDOAH VALLEY RAILROAD COMPANY · decision 33398
10. 11 Mar 2003 AB 33 (Sub-No. 170)
    (1) GRANTED THE CITY OF DES MOINES, IA'S (THE CITY) REQUEST TO EXTEND THE CITU NEGOTIATING PERIOD UNTIL JULY 4, 2003; AND (2) DENIED THE CITY'S REQUEST TO EXTEND THE PUBLIC USE CONDITION.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN POLK COUNTY, IOWA · decision 33382
11. 10 Mar 2003 FD 34318
    NOTICE THAT MIDWEST GENERATION, LLC (MIDWEST) PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN MIDWEST AND UP, HAS AGREED TO GRANT LOCAL TRACKAGE RIGHTS TO UP OVER MIDWEST'S ENTIRE LINE OF RAILROAD, APPROXIMATELY 4,007 FEET LONG IN WILL COUNTY, IL, EXTENDING FROM MIDWEST'S POWER PLANT IN JOLIET, IL, TO A CONNECTION WITH NEARBY TRACK OWNED BY UP.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--MIDWEST GENERATION, LLC · decision 33408
12. 10 Mar 2003 AB 6 (Sub-No. 400X)
    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 FRANKLIN AND WEBSTER COUNTIES, NE · decision 33400