Week of 27 Oct 2003

Decisions served

1. 31 Oct 2003 NOR 42080
   (1) GRANTED CANADIAN NATIONAL RAILWAY COMPANY'S (CN) REQUEST FOR AN EXTENSION TO REPLY TO MINNESOTA NORTHERN RAILROAD, INC.'S (MNN) OPENING STATEMENT TO NOVEMBER 10, 2003; AND (2) EXTENDED THE DUE DATE FOR MNN'S REBUTTAL TO CN'S REPLY TO NOVEMBER 25, 2003.

   Secretary · MINNESOTA NORTHERN RAILROAD, INC. V. CANADIAN NATIONAL RAILWAY COMPANY · decision 34170
2. 31 Oct 2003 AB 290 (Sub-No. 241X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN AIKEN COUNTY, SC · decision 34108
3. 31 Oct 2003 AB 416 (Sub-No. 3X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · SAN BERNARDINO ASSOCIATED GOVERNMENTS--ABANDONMENT EXEMPTION--IN SAN BERNARDINO COUNTY, CA · decision 34092
4. 31 Oct 2003 FD 34397
   (1) DENIED TP&W'S MOTION TO STRIKE KJRY'S REBUTTAL; (2) ACCEPTED INTO RECORD TP&W'S REPLY TO KJRY'S REBUTTAL AND KJRY'S SURREBUTTAL; AND (3) DENIED A PETITION BY KJRY FOR AUTHORITY TO PROVIDE ALTERNATIVE RAIL SERVICE ON THE LA HARPE-CANTON LINE, A PORTION OF THE LA HARPE LINE.

   Entire Board · KEOKUK JUNCTION RAILWAY COMPANY--ALTERNATIVE RAIL SERVICE--LINE OF TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION · decision 34033
5. 31 Oct 2003 AB 308 (Sub-No. 3X)
   (1) ORDERED THAT THE MATERIAL SUBMITTED IN EXHIBIT A TO CMR'S MOTION WILL BE KEPT UNDER SEAL BY THE BOARD AND WILL NOT BE PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC UNLESS OTHERWISE ORDERED BY THE BOARD; (2) DENIED CMR'S MOTION TO STRIKE; (3) GRANTED CMR'S PETITION FOR EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 THROUGH 10905 TO ABANDON APPROXIMATELY 1.77 MILES OF RAILROAD, IN SAGINAW COUNTY, MI, SUBJECT TO THE EMPLOYEE PROTECTIVE CONDITIONS AND THE CONDITIONS CMR (A) ESTABLISH A TRANSLOAD OPERATION TO HANDLE PLASTATECH ENGINEERING LTD.'S SHIPMENTS UNDER THE TERMS CMR PROPOSED IN ITS OCTOBER 16, 2003 REPORT, AND (B) COMPENSATE PLASTATECH IN THE AMOUNT OF $100,710 (LESS SALVAGE VALUE) FOR THE SHIPPER'S RECENT INVESTMENT IN FACILITIES TO RECEIVE DIRECT RAIL SERVICE FROM CMR; (4) EXEMPTED THE ABANDONMENT FROM THE OFFER OF FINANCIAL ASSISTANCE PROVISIONS OF 49 U.S.C. 10904 AND THE PUBLIC USE PROVISIONS OF 49 U.S.C. 10905;

   Entire Board · CENTRAL MICHIGAN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SAGINAW COUNTY, MI · decision 33960
6. 31 Oct 2003 AB 55 (Sub-No. 638X)
   GRANTED A PETITION FOR EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR CSX TRANSPORTATION, INC. (CSXT), TO ABANDON AN APPROXIMATELY 6.37-MILE LINE OF RAILROAD, IN CSXT'S MIDWEST REGION, LOUISVILLE DIVISION, LAKE ERIE SUBDIVISION, EXTENDING FROM MILEPOST BQ-25.90, AT MT. VERNON, TO MILEPOST BQ-32.27, AT FREDERICKTOWN, IN KNOX COUNTY, OH, SUBJECT TO TRAIL USE, PUBLIC USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN KNOX COUNTY, OH · decision 33894
7. 31 Oct 2003 AB 295 (Sub-No. 5X)
   EXEMPTED, UNDER 49 U.S.C. 10502, FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903, THE ABANDONMENT BY THE INDIANA RAIL ROAD COMPANY, OF A 0.97-MILE LINE OF RAILROAD, IN BLOOMINGTON, IN, AND THE DISCONTINUANCE OF TRACKAGE RIGHTS OVER APPROXIMATELY 2.87 MILES OF A CSX TRANSPORTATION, INC. (CSXT) LINE IN BLOOMINGTON, AND OVER APPROXIMATELY 150 FEET OF CSXT'S TRACK NO. 68 AND APPROXIMATELY 285 FEET OF CSXT'S TRACK NO. 21 IN CSXT'S MCDOEL YARD IN BLOOMINGTON, MONROE COUNTY, IN, SUBJECT TO PUBLIC USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · INDIANA RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN MONROE COUNTY, IN · decision 33827
8. 30 Oct 2003 NOR 41191 (Sub-No. 1)
   GRANTED THE REQUEST OF FORMER CONGRESSMAN JOHN R. THUNE, THE BOARD APPOINTED MEDIATOR, TO EXTEND THE MEDIATION PROCESS IN THIS PROCEEDING THROUGH NOVEMBER 4, 2003.

   Entire Board · AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY · decision 34164
9. 30 Oct 2003 NOR 41185
   ESTABLISHED THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.

   Secretary · ARIZONA PUBLIC SERVICE COMPANY & PACIFICORP V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34161
10. 30 Oct 2003 FD 34414
    NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY BETWEEN BNSF MILEPOST 6.1 NEAR FORT WORTH, TX, AND BNSF MILEPOST 218.1 NEAR TEMPLE TX, A DISTANCE OF APPROXIMATELY 129.2 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34114
11. 30 Oct 2003 AB 854-X
    (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED ON OCTOBER 1, 2003, AND PUBLISHED IN THE FEDERAL REGISTER ON SEPTEMBER 30, 2003, TO IMPOSE INTERIM TRAIL USE/RAIL BANKING, PUBLIC USE, AND THREE ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE RAIL LINE.

    Director Of Proceedings · ALLEGHENY AND EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ELK AND CAMERON COUNTIES, PA · decision 34081
12. 29 Oct 2003 FD 34424
    --

    Secretary · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION-CONTROL-DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY, BESSEMER AND LAKE ERIE RAILROAD COMPANY AND THE PITTSBURGH & CONNEAUT DOCK COMPANY · decision 34149
13. 29 Oct 2003 AB 314 (Sub-No. 2X)
    MODIFIED THE NITU SERVED ON OCTOBER 25, 2002, TO COVER ONLY THAT PORTION OF LINE BETWEEN MILEPOSTS ZA 225.7 AND ZA 228.45, AND EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU UNTIL APRIL 19, 2004, FOR THAT PORTION OF THE LINE.

    Director Of Proceedings · CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LINN COUNTY, IA · decision 34133
14. 29 Oct 2003 FD 34396
    NOTICE THAT NSR AND AEC HAVE FILED A VERIFIED NOTICE OF EXEMPTION UNDER THE BOARD'S CORPORATE FAMILY CLASS EXEMPTION AT 49 CFR 1180.2(D)(3) TO MERGE AEC INTO NSR, WITH NSR AS THE SURVIVING ENTITY.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--CORPORATE FAMILY TRANSACTION EXEMPTION--ATLANTIC AND EAST CAROLINA RAILWAY COMPANY · decision 34062
15. 29 Oct 2003 AB 414 (Sub-No. 1X)
    (1) REOPENED THIS PROCEEDING; AND (2) GRANTED THE IOWA INTERSTATE RAILROAD, LTD.'S REQUEST TO VACATE THE NITU SERVED AUGUST 8, 1995, WITH RESPECT TO THE .70-MILE LINE SEGMENT BETWEEN MILEPOST 464.50 AND MILEPOST 465.20.

    Director Of Proceedings · IOWA INTERSTATE RAILROAD INC.--ABANDONMENT EXEMPTION--IN CASS AND AUDUBON COUNTIES, IA · decision 34041
16. 28 Oct 2003 AB 565 (Sub-No. 11X)
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE JANUARY 31, 2003 DECISION.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN LAKE COUNTY, OH · also entered in AB 55 (Sub-No. 617X) · decision 34088
17. 28 Oct 2003 AB 55 (Sub-No. 635X)
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE JULY 29, 2003 DECISION.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GRATIOT COUNTY, MI · decision 34087
18. 28 Oct 2003 AB 33 (Sub-No. 210X)
    (1) REOPENED THIS PROCEEDING; AND (2) IMPOSED TWO ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARICOPA COUNTY, AZ · decision 34075
19. 27 Oct 2003 AB 303 (Sub-No. 20X)
    GRANTED THE STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND WISCONSIN CENTRAL LTD.'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO APRIL 26, 2004.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 34135
20. 27 Oct 2003 AB 416 (Sub-No. 3X)
    NOTICE THAT SANBAG HAS FILED A VERIFIED NOTICE OF EXEMPT ABANDONMENT TO ABANDON ANY RESIDUAL COMMON CARRIER OBLIGATION ON A 1.92-MILE LINE OF RAILROAD, FORMERLY OPERATED BY THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, BETWEEN MILEPOST 9.48 AND MILEPOST 11.40 IN REDLANDS, SAN BERNARDINO COUNTY, CA.

    Director Of Proceedings · SAN BERNARDINO ASSOCIATED GOVERNMENTS--ABANDONMENT EXEMPTION--IN SAN BERNARDINO COUNTY, CA · decision 34095
21. 27 Oct 2003 AB 290 (Sub-No. 241X)
    NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 2-MILE LINE OF RAILROAD BETWEEN MILEPOST SA-49.0 AT OAKWOOD, SC, AND MILEPOST SA-51.0 AT MONTMORENCI, SC, IN AIKEN COUNTY, SC.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN AIKEN COUNTY, SC · decision 34091