Week of 16 Sep 2002

Decisions served

1. 20 Sep 2002 EP 290 (Sub-No. 5)
   APPROVED THE FOURTH QUARTER 2002 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.108, RCAF (ADJUSTED) OF 0.575, AND RCAF-5 OF 0.556 AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 33034
2. 20 Sep 2002 MCF 20991
   TENTATIVELY APPROVES, SUBJECT TO PUBLIC COMMENT, AN APPLICATION BY GREYHOUND LINES, INC. AND LAIDLAW INC., TO CONTINUE IN INDIRECT CONTROL OF CRUCERO, U.S.A., L.L.C..

   Entire Board · GREYHOUND LINES, INC., AND LAIDLAW INC.--CONTINUANCE IN CONTROL--CRUCERO U.S.A., L.L.C. · decision 32997
3. 20 Sep 2002 FD 33997
   DENIED A PETITION FILED BY TCBL TO DISMISS A VERIFIED NOTICE OF EXEMPTION TO OPERATE OVER THE INLAND PORT TRACKAGE, APPROXIMATELY 5 MILES OF YARD AND SWITCHING TRACK OWNED BY MIDTEXAS LOCATED ENTIRELY WITHIN AN INDUSTRIAL PARK, ARGUING THAT 49 U.S.C. 10906 EXCEPTS THE TRACK AT ISSUE FROM THE BOARD'S LICENSING AUTHORITY UNDER 49 U.S.C. 10901.

   Entire Board · TEXAS CENTRAL BUSINESS LINES CORPORATION--OPERATION EXEMPTION--MIDTEXAS INTERNATIONAL CENTER · decision 32952
4. 20 Sep 2002 NOM 41192
   FOUND THAT SHIPPER TJX HAS FAILED TO ESTABLISH THAT MOTOR CARRIER SWEENEY CHARGED UNREASONABLE RATES, AND FOUND THAT SHIPPER TJX IS OBLIGATED TO PAY CERTAIN FREIGHT CHARGES BILLED BY MOTOR CARRIER SWEENEY.

   Entire Board · THE TJX COMPANIES, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF SWEENEY TRANSPORTATION, INC., AND KNICKERBOCKER EAST-WEST, INC. · decision 30138
5. 19 Sep 2002 AB 167 (Sub-No. 1094A)
   EXTENDED THE DATE FOR CHELSEA PROPERTY OWNERS AND OTHER INTERESTED PERSONS TO REPLY TO FRIENDS OF THE HIGH LINE, INC.'S PETITION TO SEPTEMBER 23, 2002.

   Secretary · CHELSEA PROPERTY OWNERS--ABANDONMENT--PORTION OF THE CONSOLIDATED RAIL CORPORATION'S WEST 30TH STREET SECONDARY TRACK IN NEW YORK, NY · decision 33052
6. 19 Sep 2002 NOR 42060
   EXTENDED THE DUE DATE FOR FILING PETITIONS FOR RECONSIDERATION OR CLARIFICATION OF THE BOARD'S OCTOBER 18, 2001 DECISION UNTIL OCTOBER 9, 2002, AND EXTENDED THE DUE DATE FOR FILING REPLIES UNTIL OCTOBER 29, 2002.

   Secretary · NORTH AMERICA FREIGHT CAR ASSOCIATION--PROTEST AND PETITION FOR INVESTIGATION--TARIFF PUBLICATIONS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33039
7. 19 Sep 2002 FD 34110
   NOTICE THAT MONTREAL, MAINE & ATLANTIC RAILWAY LLC, A NONCARRIER, FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE AND OPERATE, CERTAIN RAIL LINES AND OTHER ASSETS OF BANGOR & AROOSTOOK RAILROAD COMPANY, CANADIAN AMERICAN RAILROAD COMPANY, THE NORTHERN VERMONT RAILROAD COMPANY INCORPORATED, NEWPORT & RICHFORD RAILROAD COMPANY, AND VAN BUREN BRIDGE COMPANY, TOTALING APPROXIMATELY 518.48 MILES OF RAIL LINES LOCATED IN MAINE AND VERMONT.

   Director Of Proceedings · MONTREAL, MAINE & ATLANTIC RAILWAY, LLC--ACQUISITION AND OPERATION EXEMPTION--BANGOR & AROOSTOOK RAILROAD COMPANY, CANADIAN AMERICAN RAILROAD COMPANY, THE NORTHERN VERMONT RAILROAD COMPANY, INC., NEWPORT & RICHFORD RAILROAD COMPANY, AND VAN BUREN BRIDGE COMPANY · decision 33028
8. 19 Sep 2002 FD 32000 (Sub-No. 12)
   DECLINED REVIEW OF AN ARBITRATION PANEL'S AWARD FINDING THAT 310 OUTSOURCED MANAGEMENT INFORMATION SERVICE (DATA PROCESSING) EMPLOYEES ARE ENTITLED TO BENEFITS UNDER NEW YORK DOCK BECAUSE THEY WERE ADVERSELY AFFECTED BY THE 1988 CONSOLIDATION OF THE SOUTHERN PACIFIC WITH THE DENVER & RIO GRANDE.

   Entire Board · RIO GRANDE INDUSTRIES, INC., SPTC HOLDING, INC., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY--CONTROL--SOUTHERN PACIFIC TRANSPORTATION COMPANY (ARBITRATION REVIEW) · decision 31035
9. 18 Sep 2002 AB 55 (Sub-No. 621X)
   ABANDONMENT OF THE INVOLVED RAIL 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 · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MARION COUNTY, IN · decision 33027
10. 18 Sep 2002 FD 34249
    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 MILEPOST 218.1 NEAR TEMPLE, TX.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33019
11. 18 Sep 2002 FD 34247
    NOTICE THAT ANLLC HAS FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE AND OPERATE APROXIMATELY 96 MILES OF RAIL LINE PRESENTLY OWNED BY ANRR BETWEEN MILPOST 0 AT PORT ST. JOE, FL, AND MILEPOST 96 AT CHATTAHOOCHEE, FL.

    Director Of Proceedings · AN RAILWAY, L.L.C. -- LEASE AND OPERATION EXEMPTION--APALACHICOLA NORTHERN RAILROAD COMPANY · decision 33002
12. 18 Sep 2002 FD 34246
    NOTICE THAT DURDEN, RMC, AND PARTNERS HAVE FILED A VERIFIED NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF ANLLC, UPON ANLLC'S BECOMING A RAIL CARRIER.

    Director Of Proceedings · K. EARL DURDEN, RAIL MANAGEMENT CORPORATION, AND RAIL PARTNERS, L.P. -- CONTINUANCE IN CONTROL EXEMPTION -- AN RAILWAY, L.L.C. · decision 33001
13. 18 Sep 2002 MCF 20993
    TENTATIVELY APPROVED AN APPLICATION FILED UNDER 49 U.S.C. 14303, SUBJECT TO PUBLIC COMMENT, THE ACQUISITION OF CONTROL BY LAIDLAW, INC., A NONCARRIER, THROUGH ITS INDIRECTLY CONTROLLED SUBSIDIARY, LAIDLAW TRANSIT LTD., OF C. SEELEY'S BUS LINES LTD., A MOTOR PASSENGER CARRIER.

    Entire Board · LAIDLAW INC. --ACQUISITION OF CONTROL--C. SEELEY'S BUS LINES LTD. · decision 32988
14. 17 Sep 2002 FD 34111
    DENIED A PETITION BY THE CITY OF ENCINITAS, (THE CITY), TO STAY, PENDING JUDICIAL REVIEW, THE EFFECTIVENESS OF A BOARD DECLARATORY ORDER ISSUED AT THE REQUEST OF NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD, D/B/A NORTH COUNTY TRANSIT DISTRICT (NCTD), SETTING FORTH THE BOARD'S VIEW THAT THE CITY IS PROHIBITED FROM REQUIRING NCTD TO OBTAIN A PERMIT OR OTHER PRE-APPROVAL PRIOR TO CONSTRUCTING THE ENCINITAS PASSING TRACK ON NCTD'S SAN DIEGO SUBDIVISION MAIN LINE.

    Commissioner · NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD--PETITION FOR DECLARATORY ORDER · decision 33030
15. 17 Sep 2002 AB 565 (Sub-No. 4X)
    (1) AUTHORIZED UNDER 49 U.S.C. 10904 FLEX-N-GATE CORPORATION TO ACQUIRE THE RAIL LINE BETWEEN MILEPOST QSO-5.18 AND MILEPOST QSO-11.09; AND (2) DISMISSED UNDER 49 U.S.C. 10904 AND CFR 1152.27(F)(2), THE ABANDONMENT EXEMPTION EFFECTIVE ON THE DATE THE SALE IS CONSUMMATED.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN VERMILLION AND WARREN COUNTIES, IN · decision 33024
16. 17 Sep 2002 MCF 20992
    NOTICE THAT LAIDLAW INC. (LAIDLAW) FILED A VERIFIED NOTICE OF EXEMPTION UNDER THE BOARD'S CLASS EXEMPTION PROCEDURE AT 49 CFR 1182.9. THE EXEMPT TRANSACTION INVOLVES THE TRANSFER OF ISSUED AND OUTSTANDING SHARES OF STOCK IN FIVE MOTOR PASSENGER CARRIERS FROM LAIDLAW'S SUBSIDIARY LAIDLAW TRANSIT LTD. TO LAIDLAW'S SUBSIDIARY GREYHOUND CANADA TRANSPORTATION CORP.

    Director Of Proceedings · LAIDLAW INC.--INTRA-CORPORATE FAMILY TRANSACTION EXEMPTION · decision 32996
17. 16 Sep 2002 AB 406 (Sub-No. 14X)
    (1) GRANTED THE REQUEST TO EXTEND THE INTERIM TRAIL USE NEGOTIATING PERIOD FOR THE CITY OF GODDARD UNDER THE NITU UNTIL JANUARY 14, 2003, FOR THE PORTION OF THE LINE BETWEEN MILEPOST 11.62 AND MILEPOST 15.60 NEAR 231ST STREET; AND (2) GRANTED THE REQUEST TO EXTEND THE INTERIM TRAIL USE NEGOTIATING PERIOD FOR THE CITY OF WICHITA UNDER THE NITU UNTIL DECEMBER 15, 2002, FOR THE PORTION OF THE LINE BETWEEN MILEPOST 9.62 NEAR 135TH STREET AND MILEPOST 11.62 NEAR 167TH STREET.

    Director Of Proceedings · CENTRAL KANSAS RAILWAY, L.L.C.--ABANDONMENT EXEMPTION--IN SEDGWICK COUNTY, KS · decision 33029
18. 16 Sep 2002 FD 34245
    NOTICE THAT TIMBER ROCK RAILROAD, INC. (TRRR), FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO LEASE FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) 99.2 MILES OF RAIL LINE LOCATED BETWEEN MILEPOST 51.0 NEAR KIRBYVILLE, TX, AND MILEPOST 150.2, NEAR TENAHA, TX. TRRR WILL ALSO ACQUIRE 2.49 MILES OF INCIDENTAL OVERHEAD TRACKAGE RIGHTS OVER BNSF'S RAIL LINE BETWEEN MILEPOST 150.2, NEAR TENAHA, AND MILEPOST 152.69, AT BNSF'S TENAHA YARD, FOR THE PURPOSE OF INTERCHANGING TRAFFIC WITH BNSF.

    Director Of Proceedings · TIMBER ROCK RAILROAD, INC. -- LEASE EXEMPTION -- THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33000
19. 16 Sep 2002 FD 34235
    NOTICE THAT GENESEE & WYOMING INC. FILED A NOTICE OF EXEMPTION TO ACQUIRE AND CONTROL THROUGH THE ACQUISITION OF ALL OF THE STOCK OF UTAH RAILWAY COMPANY AND ITS WHOLLY OWNED SUBSIDIARY, THE SALT LAKE CITY SOUTHERN RAILROAD COMPANY.

    Director Of Proceedings · GENESEE & WYOMING INC.--CONTROL EXEMPTION--UTAH RAILWAY COMPANY AND SALT LAKE CITY SOUTHERN RAILROAD COMPANY · decision 32995