Week of 6 Oct 2003

Decisions served

1. 10 Oct 2003 NOR 42069
   REOPENED THE RECORD FOR THE LIMITED PURPOSE OF AFFORDING THE PARTIES AN OPPORTUNITY TO PRESENT NEEDED SUPPLEMENTAL EVIDENCE TO COMPLETE THE RECORD IN THIS PROCEEDING.

   Entire Board · DUKE ENERGY CORPORATION V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 34103
2. 10 Oct 2003 AB 565 (Sub-No. 8X)
   GRANTED NEW YORK CENTRAL LINES, LLC AND CSX TRANSPORTATION, INC.'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY AND ORDERED THAT THE AUTHORITY TO ABANDON MUST BE EXERCISED ON OR BEFORE APRIL 9, 2004.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN DELAWARE COUNTY, OH · decision 34090
3. 10 Oct 2003 AB 33 (Sub-No. 157X)
   NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO DISCONTINUE TRACKAGE RIGHTS OVER A 13.1-MILE LINE OF RAILROAD (THE SEADSIDE INDUSTRIAL LEAD) OWNED BY THE TRANSPORTATION AGENCY FOR MONTEREY COUNTY EXTENDING FROM MILEPOST 110.2 NEAR CASTROVILLE, CA, TO THE END OF THE LINE AT MILEPOST 123.3, NEAR SEASIDE, CA, IN MONTEREY COUNTY, CA.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MONTEREY COUNTY, CA · decision 34047
4. 10 Oct 2003 AB 468 (Sub-No. 6X)
   NOTICE THAT P&L HAS FILED A NOTICE OF EXEMPTION TO ABANDON A 4.81-MILE LINE OF RAILROAD BETWEEN MILEPOST J-159.6, NEAR ILSLEY, AND MILEPOST J-164.41, NEAR DAWSON SPRINGS, IN HOPKINS COUNTY, KY.

   Director Of Proceedings · PADUCAH & LOUISVILLE RAILWAY, INC.--ABANDONMENT EXEMPTION--IN HOPKINS COUNTY, KY · decision 34043
5. 10 Oct 2003 AB 307 (Sub-No. 4X)
   NOTICE THAT WYCO HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ABANDON A 1.12-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST 0.19 TO MILEPOST 1.31 IN THE CITY OF LARAMIE, ALBANY COUNTY, WY.

   Director Of Proceedings · WYOMING AND COLORADO RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN ALBANY COUNTY, WY · decision 34040
6. 10 Oct 2003 AB 33 (Sub-No. 203X)
   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 THE REMAINING PORTION OF THE COLUMBIA TAP INDUSTRIAL LEAD, EXTENDING FROM MILEPOST .064 NEAR WALKER AND PALMER STREETS TO MILEPOST 1.54 NEAR TRULLEY AND VELASCO STREETS IN HOUSTON, HARRIS COUNTY, TX, A DISTANCE OF .90 MILES.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN HARRIS COUNTY, TX · decision 34038
7. 10 Oct 2003 FD 34341
   GRANTED WHEELING & LAKE ERIE RAILWAY COMPANY AN EXEMPTION PURSUANT TO 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10902 TO ACQUIRE THE RAIL FREIGHT OPERATING EASEMENT OF CSX TRANSPORTATION, INC. OVER A 17.77-MILE RAIL LINE BETWEEN APPROXIMATELY MILEPOST 15.93 AT CANTON, OH, AND APPROXIMATELY MILEPOST 33.70 AT KRUMROY, OH, OWNED BY METRO REGIONAL TRANSIT AUTHORITY, SUBJECT TO EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · WHEELING & LAKE ERIE RAILWAY COMPANY--ACQUISITION EXEMPTION--CSX TRANSPORTATION, INC. · decision 33886
8. 10 Oct 2003 FD 32760 (Sub-No. 40)
   DECLINED TO REVIEW TWO ARBITRATION AWARDS THAT RESOLVED DISPUTES BETWEEN THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND THE UNION PACIFIC RAILROAD COMPANY.

   Entire Board · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY (ARBITRATION REVIEW) · also entered in FD 32760 (Sub-No. 41) · decision 33726
9. 10 Oct 2003 FD 34319
   (1) DENIED CONRAIL'S MOTION FOR LEAVE TO FILE A REPLY TO AT&T'S RESPONSE; (2) INSTITUTED A DECLARATORY ORDER PROCEEDING; (3) ORDERED THAT THIS PROCEEDING WILL BE HANDLED UNDER THE MODIFIED PROCEDURE (49 CFR PART 1112), ON THE BASIS OF WRITTEN STATEMENTS SUBMITTED BY THE PARTIES; AND (4) SET A PROCEDURAL SCHEDULE.

   Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--PETITION FOR DECLARATORY ORDER PROCEEDING · decision 33496
10. 10 Oct 2003 FD 33838
    (1) GRANTED METRO REGIONAL TRANSIT AUTHORITY'S MOTION TO DISMISS A NOTICE THAT IT CONCURRENTLY FILED FOR AN EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM CSX TRANSPORTATION, INC. CERTAIN RAILROAD ASSETS BETWEEN CANTON, OH, AND AKRON, OH; AND (2) GRANTED WHEELING & LAKE ERIE RAILWAY COMPANY PERMISSION TO WITHDRAW ITS OPPOSITION TO THE MOTION TO DISMISS.

    Entire Board · METRO REGIONAL TRANSIT AUTHORITY--ACQUISITION EXEMPTION--CSX TRANSPORTATION, INC. · decision 31082
11. 9 Oct 2003 NOR 42072
    NOTICE THAT AN ORAL ARGUMENT IN THIS PROCEEDING WILL BE HELD ON WEDNESDAY, OCTOBER 29, 2003, BEGINNING AT 10:OO A.M., IN THE SURFACE TRANSPORTATION BOARD HEARING ROOM (ROOM 760), AT 1925 K STREET, N.W., WASHINGTON, D.C.

    Secretary · CAROLINA POWER & LIGHT COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 34099
12. 9 Oct 2003 AB 602-X
    FOUND THAT ABANDONMENT OF THE LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

    Director Of Proceedings · THE TECUMSEH BRANCH CONNECTING RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LENAWEE COUNTY, MI · decision 34082
13. 9 Oct 2003 AB 55 (Sub-No. 598X)
    GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY AND ORDERED THAT THE AUTHORITY TO ABANDON MUST BE EXERCISED, AND THE NOTICE OF CONSUMMATION MUST BE FILED ON OR BEFORE APRIL 9, 2004.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GREENBRIER COUNTY, WV · decision 34069
14. 8 Oct 2003 AB 290 (Sub-No. 238X)
    FOUND THAT ABANDONMENT OF THE LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BUCHANAN COUNTY, VA · decision 34079
15. 8 Oct 2003 FD 34342
    SUSPENDED THE PROCEDURAL SCHEDULE ADOPTED IN DECISION NO. 2 (SERVED JUNE 9, 2003, AND PUBLISHED AT 68 FR 35474 ON JUNE 13, 2003), PENDING A RESOLUTION OF THE UNCERTAINTIES THAT NOW SURROUND THE EFFORTS OF KANSAS CITY SOUTHERN TO ACQUIRE CONTROL OF THE TEXAS MEXICAN RAILWAY COMPANY.

    Entire Board · KANSAS CITY SOUTHERN--CONTROL--THE KANSAS CITY SOUTHERN RAILWAY COMPANY, GATEWAY EASTERN RAILWAY COMPANY, AND THE TEXAS MEXICAN RAILWAY COMPANY · decision 34072
16. 8 Oct 2003 FD 34402
    NOTICE THAT IOWA NORTHERN RAILWAY COMPANY FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO OPERATE APPROXIMATELY 51.95 MILES OF RAIL LINE, INCLUDING INCIDENTAL TRACKAGE RIGHTS, KNOWN AS THE WATERLOO INDUSTRIAL LEAD, PURSUANT TO AN OPERATING AGREEMENT WITH D&W RAILROAD, INC. THE LINES TO BE OPERATED ARE LOCATED IN BLACK HAWK, BUCHANAN AND FAYETTE COUNTIES, IA.

    Director Of Proceedings · IOWA NORTHERN RAILWAY COMPANY--OPERATION EXEMPTION--RAIL LINES OF D&W RAILROAD, INC. · decision 34018
17. 8 Oct 2003 FD 34401
    NOTICE THAT D&W FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE APPROXIMATELY 51.95 MILES OF RAIL LINE, INCLUDING INCIDENTAL TRACKAGE RIGHTS, KNOWN AS THE WATERLOO INDUSTRIAL LEAD, FROM THE UNION PACIFIC RAILROAD COMPANY. THE LINES TO BE ACQUIRED ARE LOCATED IN BLACK HAWK, BUCHANAN AND FAYETTE COUNTIES, IA.

    Director Of Proceedings · D&W RAILROAD, INC.--ACQUISITION EXEMPTION--RAIL LINES OF UNION PACIFIC RAILROAD COMPANY · decision 34017
18. 8 Oct 2003 AB 55 (Sub-No. 640)
    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--IN ATKINSON AND WARE COUNTIES, GA · decision 33988
19. 7 Oct 2003 AB 167 (Sub-No. 1094A)
    GRANTED THE CITY OF NEW YORK AND CHELSEA PROPERTY OWNERS' REQUEST TO HOLD THIS PROCEEDING IN ABEYANCE UNTIL JANUARY 5, 2004.

    Secretary · CHELSEA PROPERTY OWNERS--ABANDONMENT--PORTION OF THE CONSOLIDATED RAIL CORPORATION'S WEST 30TH STREET SECONDARY TRACK IN NEW YORK, NY · decision 34085
20. 7 Oct 2003 NOR 41191 (Sub-No. 1)
    GRANTED AEP TEXAS NORTH COMPANY'S MOTION TO COMPEL THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S PRODUCTION OF TRANSPORTATION AGREEMENTS AND RELATED INFORMATION, AS AGREED TO BY THE PARTIES.

    Secretary · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 34084
21. 7 Oct 2003 AB 550 (Sub-No. 1X)
    GRANTED LEBANON VALLEY RAILS-TO-TRAILS' REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO APRIL 5, 2004.

    Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/ALLENTOWN LINES, INC.--ABANDONMENT EXEMPTION--IN LEBANON COUNTY, PA · decision 34070
22. 6 Oct 2003 AB 565 (Sub-No. 1X)
    GRANTED CSX TRANSPORTATION, INC.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL APRIL 7, 2004 FOR THE 1.4-MILE LINE SEGMENT DESCRIBED IN THIS DECISION.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 34065
23. 6 Oct 2003 FD 34398
    NOTICE THAT BG & CM HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE FROM CAMAS PRAIRIE RAILNET, INC. AND OPERATE APPROXIMATELY 66.8 MILES OF RAIL LINE BETWEEN SPALDING AND GRANGEVILLE IN LEWIS, NEZ PERCE, AND IDAHO COUNTIES, ID.

    Director Of Proceedings · BG & CM RAILROAD--ACQUISITION AND OPERATION EXEMPTION--CAMAS PRAIRIE RAILNET, INC. · decision 34030
24. 6 Oct 2003 AB 854-X
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · ALLEGHENY AND EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ELK AND CAMERON COUNTIES, PA · decision 34012
25. 6 Oct 2003 AB 33 (Sub-No. 148X)
    REOPENED THIS PROCEEDING AND REMOVED THE HISTORIC PRESERVATION CONDITION IMPOSED IN THE OCTOBER 30, 2000 DECISION.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN COOS COUNTY, OR · decision 33995