Week of 19 May 2003

Decisions served

1. 23 May 2003 AB 303 (Sub-No. 25X)
   GRANTED THE REQUEST FILED BY WISCONSIN DEPARTMENT OF NATURAL RESOURCES TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL NOVEMBER 22, 2003, EXCEPT FOR THAT PORTION OF THE LINE IN MENOMINEE COUNTY.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN LANGLADE, MENOMINEE AND SHAWANO COUNTIES, WIS. · decision 33629
2. 23 May 2003 AB 534 (Sub-No. 2X)
   GRANTED LAKE STATE'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL NOVEMBER 3, 2003, FOR THE PORTION OF LAKE STATE'S HURON SUBDIVISION EXTENDING NORTHWEST FROM THE U.S. HIGHWAY 23 CROSSING IN ALPENA (MILEPOST 125.2) TO THE END OF THE MAIN LINE JUST NORTH OF METZ, MI (MILEPOST 151.25), AND LAKE STATE'S ROGERS CITY BRANCH EXTENDING NORTHWARD FROM A POINT ON THE MAIN LINE AT POSEN, MI (MILEPOST 141.8), TO ROGERS CITY, MI, EXTENDING AT MILEPOST 6.7.

   Director Of Proceedings · LAKE STATE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALPENA AND PRESQUE ISLE COUNTIES, MI · decision 33600
3. 23 May 2003 FD 34345 (Sub-No. 1)
   GRANTS A PETITION FOR PARTIAL REVOCATION OF A TRACKAGE RIGHTS EXEMPTION TO PERMIT BNSF'S OVERHEAD TRACKAGE RIGHTS OVER A LINE OF UP TO EXPIRE ON OR ABOUT MAY 22, 2003.

   Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 33594
4. 23 May 2003 AB 55 (Sub-No. 632X)
   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 LEE COUNTY, NC · decision 33585
5. 23 May 2003 AB 364 (Sub-No. 8X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · TEXAS NORTHEASTERN DIVISION, MID-MICHIGAN RAILROAD, INC. - DISCONTINUANCE OF SERVICE EXEMPTION - IN LAMAR AND FANNIN COUNTIES, TX · also entered in AB 33 (Sub-No. 163X) · decision 33582
6. 23 May 2003 EP 282 (Sub-No. 20)
   MODIFIED THE BOARD'S RULES AT 49 CFR 1180 TO EXEMPT FROM REGULATION, UNDER 49 U.S.C. 10502, AS A CLASS, AUTHORIZATION OF TEMPORARY TRACKAGE RIGHTS PROPOSALS UNDER 49 U.S.C. 11323 THAT: (1) ARE BASED ON WRITTEN AGREEMENTS, (2) ARE NOT FILED OR SOUGHT IN RESPONSIVE APPLICATIONS IN RAIL CONSOLIDATION PROCEEDINGS, (3) ARE LIMITED TO OVERHEAD OPERATIONS, AND (4) EXPIRE ON A DATE CERTAIN.

   Entire Board · RAILROAD CONSOLIDATION PROCEDURES--EXEMPTION FOR TEMPORARY TRACKAGE RIGHTS · decision 33497
7. 23 May 2003 EP 590
   (1) WITHDREW A PROPOSAL TO EXEMPT RAIL CARRIERS FROM THE REQUIREMENTS THAT THEY DESIGNATE AGENTS IN THE DISTRICT OF COLUMBIA ON WHOM THE BOARD MAY SERVE DECISIONS AND NOTICES IN PROCEEDINGS; AND (2) ADOPTED AN ALTERNATIVE METHOD OF PROVIDING FOR SERVICE AND NOTICE INSTEAD OF EFFECTING SERVICE ON DESIGNATED AGENTS.

   Entire Board · EXEMPTION FOR RAILROAD AGENT DESIGNATION UNDER 49 U.S.C. 723 · decision 33180
8. 22 May 2003 AB 603 (Sub-No. 1X)
   NOTICE THAT VSR FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A 20-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST 21.0, AT MEDICINE LODGE, TO THE END OF THE LINE AT MILEPOST 41.0, AT SUN CITY, IN BARBER COUNTY, KS.

   Director Of Proceedings · V AND S RAILWAY, INC.--ABANDONMENT EXEMPTION--IN BARBER COUNTY, KS · decision 33591
9. 22 May 2003 FD 34343
   NOTICE THAT INTERNATIONAL STEEL GROUP INC. FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF ISG RAILWAYS, INC. UPON ISG RAILWAYS, INC. BECOMING A CLASS II RAIL CARRIER.

   Director Of Proceedings · INTERNATIONAL STEEL GROUP INC.--CONTINUANCE IN CONTROL EXEMPTION--ISG RAILWAYS, INC. · decision 33575
10. 22 May 2003 FD 34344
    NOTICE THAT ISG RAILWAYS, INC. FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE, PURSUANT TO AN ASSET PURCHASE AGREEMENT, THE RAIL LINES AND SUBSTANTIALLY ALL OTHER ASSETS OF KEYSTONE RAILROAD LLC.

    Director Of Proceedings · ISG RAILWAYS, INC.--ACQUISITION OF CONTROL EXEMPTION--ASSETS OF KEYSTONE RAILROAD LLC D/B/A PHILADELPHIA, BETHLEHEM AND NEW ENGLAND RAILROAD COMPANY, CONEMAUGH & BLACK LICK RAILROAD COMPANY LLC, STEELTON & HIGHSPIRE RAILROAD COMPANY LLC, LAKE MICHIGAN & INDIANA RAILROAD COMPANY LLC, BRANDYWINE VALLEY RAILROAD COMPANY LLC, UPPER MERION & PLYMOUTH RAILROAD COMPANY LLC, PATAPSCO & BACK RIVERS RAILROAD COMPANY LLC, AND CAMBRIA AND INDIANA RAILROAD, INC. · decision 33574
11. 22 May 2003 FD 34294
    (1) GRANTED THE STATE OF VERMONT'S MOTION TO DISMISS THE VERIFIED NOTICE OF EXEMPTION IN THIS PROCEEDING; AND (2) DISCONTINUED THIS PROCEEDING.

    Entire Board · STATE OF VERMONT--ACQUISITION EXEMPTION--CERTAIN ASSETS OF NEWPORT AND RICHFORD RAILROAD COMPANY, NORTHERN VERMONT RAILROAD COMPANY INCORPORATED AND CANADIAN AMERICAN RAILROAD COMPANY · decision 33563
12. 21 May 2003 AB 124 (Sub-No. 2)
    GRANTED A MOTION FOR PROTECTIVE ORDER AND ADOPTED THE PROTECTIVE ORDER AND CONFIDENTIALITY UNDERTAKINGS APPENDED TO THIS DECISION.

    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 33624
13. 21 May 2003 AB 6 (Sub-No. 394X)
    GRANTED BNSF'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY AND EXTEND THE DEADLINE FOR FILING THE NOTICE OF CONSUMMATION, WHICH MUST BE FILED, ON OR BEFORE SEPTEMBER 30, 2003.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BURKE AND WILLIAMS COUNTIES, ND · decision 33552
14. 20 May 2003 FD 34040
    NOTICE TO THE PARTIES TO CORRECT THE BOARD'S MAY 15, 2003 DECISION, WHICH: (1) INADVERTENTLY OMITTED THE BEGINNING OF THE FIRST FULL SENTENCE ON PAGE 3; AND (2) INCORRECTLY REFERRED TO 'CENTRAL STANDARD TIME' INSTEAD OF 'EASTERN TIME' IN CONDITION 6 ON PAGE 14 OF THE DECISION.

    Secretary · RIVERVIEW TRENTON RAILROAD COMPANY--PETITION FOR EXEMPTION FROM 49 U.S.C. 10901 TO ACQUIRE AND OPERATE A RAIL LINE IN WAYNE COUNTY, MI · decision 33619
15. 19 May 2003 AB 6 (Sub-No. 399X)
    (1) REOPENED THIS PROCEEDING; (2) GRANTED THE UNITED TRANSPORTATION UNION AND ENDICOTT CLAY PRODUCTS CO.'S JOINT REQUEST TO FILE A REPLY TO A REPLY; (3) VACATED THE DECISION SERVED ON JANUARY 7, 2003; (4) REINSTATED THE NOTICE OF EXEMPTION; AND (5) IMPOSED AN ENVIRONMENTAL CONDITION ON THE ABANDONMENT OF THE LINE.

    Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, NE · decision 33604
16. 19 May 2003 AB 364 (Sub-No. 8X)
    NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) AND TEXAS NORTHEASTERN DIVISION, MID-MICHIGAN RAILROAD, INC. (TNER) FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F FOR UP TO ABANDON AND TNER TO DISCONTINUE SERVICE OVER A 33.5-MILE PORTION OF THE BONHAM SUBDIVISION BETWEEN MILEPOST 94.0, NEAR PARIS, AND MILEPOST 127.5, EAST OF BONHAM, IN LAMAR AND FANNIN COUNTIES, TX.

    Director Of Proceedings · TEXAS NORTHEASTERN DIVISION, MID-MICHIGAN RAILROAD, INC. - DISCONTINUANCE OF SERVICE EXEMPTION - IN LAMAR AND FANNIN COUNTIES, TX · also entered in AB 33 (Sub-No. 163X) · decision 33587
17. 19 May 2003 AB 55 (Sub-No. 632X)
    NOTICE THAT CSXT HAS FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 0.64-MILE LINE OF RAILROAD BETWEEN MILEPOST AE 245.06 AND MILEPOST AE 245.70 IN SANFORD, LEE COUNTY, NC.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN LEE COUNTY, NC · decision 33584
18. 19 May 2003 FD 30186 (Sub-No. 3)
    DENIED SEPARATE PETITIONS FILED BY (1) THE UNITED TRANSPORTATION UNION-GENERAL COMMITTEE OF ADJUSTMENT AND THE UNITED TRANSPORTATION UNION-MONTANA STATE LEGISLATIVE BOARD, AND (2) THE NORTHERN PLAINS RESOURCE COUNCIL, INC. ASKING THE BOARD TO RECONSIDER THE DECISION SERVED ON MARCH 11, 2003.

    Entire Board · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 33511
19. 19 May 2003 FD 34284
    GRANTED SOUTHWEST GULF RAILROAD COMPANY A CONDITIONAL EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 FOR AUTHORITY TO CONSTRUCT AND OPERATE AN APPROXIMATELY 7-MILE LINE OF RAILROAD IN MEDINA COUNTY, TX.

    Entire Board · SOUTHWEST GULF RAILROAD COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--IN MEDINA COUNTY, TX · decision 33424
20. 19 May 2003 NOR 42074
    DISMISSED THE INFORMAL COMPLAINT FILED BY C&NC RAILROAD COMPANY.

    Secretary · C&NC RAILROAD CORPORATION V. UNION PACIFIC RAILROAD COMPANY · decision 33148