Week of 25 Aug 2003

Decisions served

1. 29 Aug 2003 FD 34394
   NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER A LINE OF BNSF'S RAILROAD BETWEEN BNSF MILEPOST 210.2 AND BNSF MILEPOST 211.7, A DISTANCE OF APPROXIMATELY 1.5 MILES IN WICHITA, KS.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33936
2. 29 Aug 2003 AB 853 (Sub-No. 1X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · KANSAS & OKLAHOMA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN HODGEMAN, COMANCHE, KIOWA, AND PRATT COUNTIES, KS · decision 33916
3. 29 Aug 2003 EP 637 (Sub-No. 1)
   REMOVES REGULATIONS AT 49 CFR 1137.1 CONCERNING DIVISIONS OF REVENUE PROCEEDINGS BECAUSE OF CHANGES IN THE STATUTE AND THE INFREQUENCY OF DIVISIONS OF REVENUE COMPLAINTS.

   Entire Board · REMOVAL OF DIVISIONS OF REVENUE REGULATIONS · decision 33914
4. 29 Aug 2003 FD 32530
   ORDERED KANSAS CITY SOUTHERN RAILWAY COMPANY OR ANY OTHER PARTY TO SHOW CAUSE BY SEPTEMBER 29, 2003 OF A NEED TO KEEP THE PROCEEDING PENDING.

   Secretary · KANSAS CITY SOUTHERN RAILWAY COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--GEISMAR INDUSTRIAL AREA NEAR GONZALES AND SORRENTO, LA · decision 33912
5. 29 Aug 2003 AB 55 (Sub-No. 634X)
   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 MONROE COUNTY, IN · decision 33817
6. 28 Aug 2003 AB 290 (Sub-No. 223X)
   NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 1.59-MILE LINE OF RAILROAD BETWEEN MILEPOST TE-1.50 AT LICKS FORK SPUR AND MILEPOST TE-3.09 AT ELDA, IN MINGO COUNTY, WV.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MINGO COUNTY, WV · decision 33926
7. 28 Aug 2003 AB 57 (Sub-No. 53X)
   REOPENED THE PROCEEDING TO IMPOSE INTERIM TRAIL USE/RAIL BANKING AND CERTAIN ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RACINE COUNTY, WI · decision 33909
8. 28 Aug 2003 AB 33 (Sub-No. 158X)
   GRANTED THE CITY OF MARQUETTE, KS'S REQUEST TO EXTEND THE INTERIM TRAIL USE NEGOTIATING PERIOD UNDER THE NITU FOR THE PORTION OF THE LINE BETWEEN MILEPOST 504.5 AND 506.5 UNTIL FEBRUARY 24, 2004.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MCPHERSON, ELLSWORTH AND RICE COUNTIES, KS · decision 33903
9. 28 Aug 2003 AB 33 (Sub-No. 171X)
   TOLLED THE TIME PERIOD FOR VANDALIA RAILROAD COMPANY TO FILE AN OFA UNTIL OCTOBER 2, 2003, AND FURTHER POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION UNTIL OCTOBER 12, 2003.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY -- ABANDONMENT EXEMPTION -- IN WASHINGTON COUNTY, IL · decision 33902
10. 28 Aug 2003 AB 596
    (1) DENIED NYCH'S MOTION TO STRIKE; (2) DENIED NYCEDC'S CROSS MOTION TO STRIKE; (3) DENIED NYCH'S PETITION FOR RECONSIDERATION; AND (4) GRANTED THE PETITION FOR STAY PENDING JUDICIAL REVIEW.

    Entire Board · NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--ADVERSE ABANDONMENT--NEW YORK CROSS HARBOR RAILROAD IN BROOKLYN, NY · decision 33661
11. 27 Aug 2003 AB 565 (Sub-No. 2X)
    EXTENDED THE NITU NEGOTIATING PERIOD UNTIL FEBRUARY 27, 2004.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 33943
12. 27 Aug 2003 AB 853 (Sub-No. 1X)
    NOTICE THAT KANSAS & OKLAHOMA RAILROAD, INC. FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON TWO RAIL LINE SEGMENTS AS FOLLOWS: (1) A 10.7-MILE RAIL LINE BETWEEN MILEPOST 36.3 AT HANSTON, AND MILEPOST 47.0 AT JETMORE, IN HODGEMAN COUNTY, KS; AND (2) A 46.8-MILE RAIL LINE BETWEEN MILEPOST 589.2 AT COATS, AND MILEPOST 636.0 AT PROTECTION, IN COMANCHE, KIOWA, AND PRATT COUNTIES, KS.

    Director Of Proceedings · KANSAS & OKLAHOMA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN HODGEMAN, COMANCHE, KIOWA, AND PRATT COUNTIES, KS · decision 33908
13. 27 Aug 2003 AB 33 (Sub-No. 171X)
    REOPENED THIS PROCEEDING TO IMPOSE TWO ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY -- ABANDONMENT EXEMPTION -- IN WASHINGTON COUNTY, IL · decision 33892
14. 27 Aug 2003 FD 34040
    DENIED RECONSIDERATION OF THE BOARD'S DECISION GRANTING THE RIVERVIEW TRENTON RAILROAD COMPANY AN EXEMPTION TO ACQUIRE AND TO OPERATE A LINE OF RAILROAD IN WAYNE COUNTY, MI.

    Entire Board · 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 33732
15. 26 Aug 2003 NOR 42081
    (1) EXTENDED THE DEADLINE BY WHICH DYNO NOBEL INC. MUST RESPOND TO KANEB PIPE LINE PARTNERS, L. P. 'S (KANEB) INITIAL DISCOVERY REQUESTS TO SEPTEMBER 4, 2003; AND (2) EXTENDED THE DEADLINE BY WHICH KANEB MUST FILE A MOTION TO COMPEL RESPONSES TO ITS INITIAL DISCOVERY REQUESTS TO SEPTEMBER 15, 2003.

    Secretary · DYNO NOBEL INC. V. KANEB PIPE LINE PARTNERS, L.P. · decision 33956
16. 26 Aug 2003 AB 55 (Sub-No. 606X)
    GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE JANUARY 8, 2004.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALLEGHENY COUNTY, PA · decision 33935
17. 26 Aug 2003 FD 34117
    GRANTED FINAL APPROVAL FOR AN EXEMPTION, UNDER 49 U.S.C. 10502, FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 FOR PEMISCOT COUNTY PORT AUTHORITY TO CONSTRUCT AN APPROXIMATELY 5-MILE LINE OF RAILROAD BETWEEN MILEPOST 213.32 AT HAYTI, AND MILEPOST 217.22 AT PEMISCOT'S EXISTING INTERMODAL PORT FACILITY LOCATED ON THE MISSISSIPPI RIVER BETWEEN HAYTI AND CARUTHERSVILLE, IN PEMISCOT COUNTY, MO.

    Entire Board · PEMISCOT COUNTY PORT AUTHORITY--CONSTRUCTION EXEMPTION--PEMISCOT COUNTY, MO · decision 33712
18. 25 Aug 2003 AB 33 (Sub-No. 189X)
    GRANTED THE WISCONSIN DEPARTMENT OF TRANSPORTATION'S REQUEST ON BEHALF OF THE CITY OF EAU CLAIRE, WI TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU UNTIL FEBRUARY 21, 2004.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN EAU CLAIRE COUNTY, WI · decision 33938
19. 25 Aug 2003 EP 542 (Sub-No. 10)
    ADOPTED 2003 USER FEE UPDATE AND REVISED THE FEE SCHEDULE AT THIS TIME TO RECOVER THE COSTS ASSOCIATED WITH THE JANUARY 2003 GOVERNMENT SALARY INCREASES AND TO RECOVER INCREASED FEDERAL COSTS TO THE BOARD.

    Entire Board · REGULATIONS GOVERNING FEES FOR SERVICES PERFORMED IN CONNECTION WITH LICENSING AND RELATED SERVICES - 2003 UPDATE · decision 33636