Week of 24 Nov 2003

Decisions served

1. 28 Nov 2003 FD 30186 (Sub-No. 3)
   GRANTED A MOTION TO EXTEND THE TIME FOR FILING COMMENTS TO TONGUE RIVER RAILROAD COMPANY'S SUPPLEMENTAL EVIDENCE.

   Secretary · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 34246
2. 28 Nov 2003 AB 33 (Sub-No. 157X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MONTEREY COUNTY, CA · decision 34195
3. 28 Nov 2003 AB 416 (Sub-No. 4X)
   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--SAN BERNARDINO COUNTY, CA · decision 34194
4. 28 Nov 2003 AB 55 (Sub-No. 642X)
   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 VERMILION COUNTY, IL · decision 34074
5. 26 Nov 2003 AB 124 (Sub-No. 2)
   EXTENDED THE DEADLINE FOR THE SUBMISSION OF PROTESTS AND COMMENTS TO DECEMBER 11, 2003.

   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 34245
6. 26 Nov 2003 NOR 42083
   (1) ADOPTED THE PROTECTIVE ORDER IN THE APPENDIX TO THIS DECISION; AND (2) REVISED THE PROCEDURAL SCHEDULE.

   Secretary · GRANITE STATE CONCRETE CO., INC. AND MILFORD-BENNINGTON RAILROAD COMPANY, INC. V. BOSTON AND MAINE CORPORATION AND SPRINGFIELD TERMINAL RAILWAY COMPANY · decision 34229
7. 26 Nov 2003 AB 33 (Sub-No. 132X)
   EXTENDED THE DUE DATE FOR REPLIES TO THE CITY OF CREEDE, CO'S PETITION TO REOPEN THIS PROCEEDING TO DECEMBER 19, 2003.

   Secretary · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RIO GRANDE AND MINERAL COUNTIES, CO · decision 34224
8. 26 Nov 2003 FD 34431
   NOTICE THAT ALLEGHENY VALLEY RAILROAD COMPANY FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE AND OPERATE CERTAIN RAIL LINE SEGMENTS AND ACQUIRE RELATED TRACKAGE RIGHTS, PURSUANT TO AN AGREEMENT WITH CSX TRANSPORTATION, INC.

   Director Of Proceedings · ALLEGHENY VALLEY RAILROAD COMPANY--LEASE, OPERATION AND TRACKAGE RIGHTS EXEMPTION--LINES OF CSX TRANSPORTATION, INC. · decision 34173
9. 26 Nov 2003 FD 34349
   NOTICE THAT WALLOWA-UNION RAILROAD AUTHORITY HAS FILED A NOTICE OF EXEMPTION, AS SUPPLEMENTED BY LETTER DATED OCTOBER 29, 2003, UNDER 49 CFR 1150.31 TO ACQUIRE AND OPERATE A 62.58-MILE LINE OF RAILROAD EXTENDING BETWEEN MILEPOST 21.0 AT OR NEAR ELGIN AND MILEPOST 83.58 AT OR NEAR JOSEPH, IN WALLOWA AND UNION COUNTIES, OR.

   Director Of Proceedings · WALLOWA-UNION RAILROAD AUTHORITY--ACQUISITION AND OPERATION EXEMPTION--WALLOWA COUNTY, OR, AND IDAHO NORTHERN & PACIFIC RAILROAD COMPANY · decision 34160
10. 25 Nov 2003 NOR 42069
    (1) STAYED THE BOARD'S NOVEMBER 6, 2003 DECISION PENDING THE BOARD'S REVIEW OF TECHNICAL ISSUES AND FURTHER ACTION; AND (2) TOLLED THE 20-DAY PERIOD FOR PARTIES TO FILE MOTIONS FOR RECONSIDERATION AND THE 30-DAY PERIOD FOR DUKE TO INFORM THE BOARD ABOUT THE PHASING OPTION PENDING FURTHER ORDER OF THE BOARD.

    Commissioner · DUKE ENERGY CORPORATION V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 34233
11. 25 Nov 2003 AB 853 (Sub-No. 1X)
    (1) REOPENED THIS PROCEEDING; AND (2) ACCEPTED THE LATE-FILED REQUEST FOR THE ISSUANCE OF A NOTICE OF INTERIM TRAIL USE FOR THE TWO RAIL SEGMENTS UNDER THE NATIONAL TRAILS SYSTEM ACT, 16 U.S.C. 1247(D)(TRAILS ACT), FILED BY AMERICAN TRAILS ASSOCIATION, INC., IN ORDER TO NEGOTIATE WITH KANSAS & OKLAHOMA RAILROAD, INC. FOR ACQUISITION OF THE RIGHT-OF-WAY FOR USE AS A TRAIL.

    Director Of Proceedings · KANSAS & OKLAHOMA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN HODGEMAN, COMANCHE, KIOWA, AND PRATT COUNTIES, KS · decision 34202
12. 25 Nov 2003 AB 416 (Sub-No. 3X)
    (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: (A) SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) SHALL CONSULT WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME, EASTERN SIERRA-INLAND DESERTS REGION PRIOR TO BEGINNING ANY SALVAGE ACTIVITIES REGARDING POTENTIAL IMPACTS TO FISH AND WILDLIFE RESOURCES; (B) SANBAG SHALL RETAIN ITS INTEREST IN AND TAKE NO STEPS TO ALTER THE HISTORIC INTEGRITY OF THE LINE AND ALL SITES AND STRUCTURES ON THE LINE UNTIL THE COMPLETION OF THE SECTION 106 PROCESS OF THE NHPA; AND (C) PRIOR TO ANY SALVAGE ACTIVITIES, SANBAG SHALL FILE A NOTICE OF INTENT WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD (WQCB) TO OBTAIN COVERAGE UNDER THE WQCB GENERAL PERMIT FOR COMPLIANCE WITH FEDERAL STORM WATER REGULATIONS, DEVELOP AND IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN SPECIFYING BEST MANAGEMENT PRACTICES (BMPS) THAT WILL PREVENT ALL POLLUTANTS F

    Director Of Proceedings · SAN BERNARDINO ASSOCIATED GOVERNMENTS--ABANDONMENT EXEMPTION--IN SAN BERNARDINO COUNTY, CA · decision 34162
13. 24 Nov 2003 S5M 46 (Sub-No. 20)
    EXTENDED THE DEADLINE FOR THE SUBMISSION OF A REPLY TO SMCRC'S PETITION BY EC-MAC MOTOR CARRIERS SERVICE ASSOCIATION, ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., AND THE NATIONAL INDUSTRIAL TRANSPORTATION LEAGUE UNTIL DECEMBER 15, 2003.

    Secretary · SOUTHERN MOTOR CARRIERS RATE CONFERENCE, INC. · decision 34217
14. 24 Nov 2003 AB 857-X
    (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 GWRC SHALL: (1) NOTIFY THE NATIONAL GEODECTIC SURVEY (NGS) 90 DAYS PRIOR TO ANY SALVAGE ACTIVITIES IN ORDER TO PLAN FOR THE RELOCATION OF THE TWO GEODETIC MARKERS IDENTIFIED BY NGS THAT MAY BE AFFECTED BY THE PROPOSED ABANDONMENT; AND (2) RETAIN ITS INTEREST IN AND TAKE NO STEPS TO ALTER THE HISTORIC INTEGRITY OF THE PROPERTY UNTIL COMPLETION OF THE SECTION 106 PROCESS OF THE NATIONAL HISTORIC PRESERVATION ACT, 16 U.S.C. 470F.

    Director Of Proceedings · GREAT WESTERN RAILWAY OF COLORADO, LLC.--ABANDONMENT EXEMPTION--IN WELD COUNTY, CO · decision 34203
15. 24 Nov 2003 AB 416 (Sub-No. 4X)
    NOTICE THAT SANBAG HAS FILED A VERIFIED NOTICE OF EXEMPT ABANDONMENT TO ABANDON ANY RESIDUAL COMMON CARRIER OBLIGATION ON A 19.80-MILE LINE OF RAILROAD ON THE BALDWIN PARK LINE, FORMERLY OPERATED BY SOUTHERN PACIFIC TRANSPORTATION COMPANY, BETWEEN MILEPOST 515.70 AT THE SAN BERNARDINO/LOS ANGELES COUNTIES, CA BORDER AND MILEPOST 535.50 IN SAN BERNARDINO COUNTY, CA.

    Director Of Proceedings · SAN BERNARDINO ASSOCIATED GOVERNMENTS--ABANDONMENT EXEMPTION--SAN BERNARDINO COUNTY, CA · decision 34096
16. 24 Nov 2003 AB 842-X
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · ALMONO LP--ABANDONMENT EXEMPTION--IN ALLEGHENY COUNTY, PA · decision 34060
17. 24 Nov 2003 AB 364 (Sub-No. 7X)
    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 TEXAS NORTHEASTERN DIVISION, MID-MICHIGAN RAILROAD, INC.--DISCONTINUANCE OF SERVICE EXEMPTION--IN GRAYSON COUNTY, TX · decision 33406