Week of 16 Dec 2002

Decisions served

1. 20 Dec 2002 FD 33995
   DEFERRED ALL ACTIONS IN THE ABANDONMENT PROCEEDING UNTIL JANUARY 21, 2003, TO PERMIT THE BOARD TO ADDRESS SF&L RAILWAY, INC.'S PETITION TO RECONSIDER THE SF&L-LA HARPE DECISION.

   Secretary · SF&L RAILWAY, INC.--ACQUISITION AND OPERATION EXEMPTION--TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND PEORIA, IL · also entered in FD 33996, AB 448 (Sub-No. 2X) · decision 33290
2. 20 Dec 2002 FD 34079
   GRANTED REQUESTS TO EXTEND THE DATE FOR FILING COMMENTS TO THE DRAFT ENVIRONMENTAL IMPACT STATEMENT IN THIS PROCEEDING UNTIL FEBRUARY 21, 2003.

   Chief Of Section Of Environmental Analysis · SAN JACINTO RAIL LIMITED CONSTRUCTION EXEMPTION AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY OPERATION EXEMPTION--BUILD-OUT TO THE BAYPORT LOOP NEAR HOUSTON, HARRIS COUNTY, TX · decision 33277
3. 20 Dec 2002 FD 34286
   GRANTED A REQUEST FILED ON DECEMBER 12, 2002, BY THE FORT WORTH AND WESTERN RAILROAD COMPANY, FOR WAIVER OF THE REQUIREMENTS OF 49 CFR 1150.42(E) TO PERMIT THE EXEMPTION IT IS SEEKING IN THIS PROCEEDING TO BECOME EFFECTIVE WITHOUT AWAITING THE EXPIRATION OF THE 60-DAY NOTICE PERIOD, MEASURED FROM THE DATE OF CERTIFICATION TO THE BOARD, SPECIFIED IN SECTION 1150.42(E).

   Entire Board · FORT WORTH AND WESTERN RAILROAD COMPANY, INC.--ACQUISITION AND OPERATION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 33268
4. 20 Dec 2002 EP 290 (Sub-No. 5)
   APPROVED THE FIRST QUARTER 2003 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 0.996, RCAF (ADJUSTED) OF 0.512, AND RCAF-5 OF 0.495 AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 33259
5. 20 Dec 2002 AB 55 (Sub-No. 612X)
   GRANTED THE REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL JULY 10, 2003.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GREENVILLE, SC · decision 33237
6. 20 Dec 2002 FD 34285
   GRANTED THE PETITION FILED NOVEMBER 26, 2002, BY WISCONSIN & SOUTHERN RAILROAD CO. FOR WAIVER OF THE REQUIREMENTS OF 49 CFR 1150.42(E).

   Entire Board · WISCONSIN & SOUTHERN RAILROAD CO.--ACQUISITION EXEMPTION--SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY · decision 33224
7. 20 Dec 2002 FD 34283
   NOTICE THAT RAIL AMERICA, INC., A NONCARRIER HOLDING COMPANY, AND ITS NONCARRIER SUBSIDIARY, PALM BEACH RAIL HOLDINGS, INC. FILED A VERIFIED NOTICE OF EXEMPTION UNDER THE BOARD'S CLASS EXEMPTION PROCEDURES AT 49 CFR 1180.2(D)(3) FOR THEM TO CONTINUE IN CONTROL OF THE WESTERN ILLINOIS RAILWAY COMPANY WHEN IT BECOMES A RAIL CARRIER.

   Director Of Proceedings · RAILAMERICA, INC. ET AL.--CORPORATE FAMILY REORGANIZATION EXEMPTION--WESTERN ILLINOIS RAILWAY COMPANY · decision 33208
8. 20 Dec 2002 FD 34282
   NOTICE THAT WESTERN ILLINOIS RAILWAY COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM THE TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION THE RAIL, TIES, AND CERTAIN IMPROVEMENTS ON A 71.5-MILE RAIL LINE, BETWEEN MILEPOST 194.5 AT LA HARPE AND MILEPOST 123.0 AT PEORIA, IN HANCOCK, MCDONOUGH, FULTON, AND PEORIA COUNTIES, IL.

   Director Of Proceedings · WESTERN ILLINOIS RAILWAY COMPANY--ACQUISITION EXEMPTION--TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION · decision 33207
9. 20 Dec 2002 FD 34267
   NOTICE THAT M&E HAS FILED AN AMENDED VERIFIED NOTICE OF EXEMPTION TO OPERATE OVER APPROXIMATELY 1.25 MILES OF RAIL LINE LOCATED IN THE TOWNSHIP OF BRIDGEWATER AND THE BOROUGH OF MANVILLE, SOMERSET COUNTY, NJ, THAT IS PART OF A RAIL LINE KNOWN AS THE READING COMPANY NEW YORK BRANCH (ALSO KNOWN AS THE RARITAN VALLEY CONNECTING TRACK), AND IDENTIFIED AS LINE CODE 0326, BETWEEN MILEPOST 57.25 AT MANVILLE YARD AND MILEPOST 58.50 AT A JUNCTION WITH NEW JERSEY TRANSIT'S COMMUTER LINE.

   Director Of Proceedings · MORRISTOWN & ERIE RAILWAY, INC.--OPERATION EXEMPTION--SOMERSET TERMINAL RAILROAD CORPORATION · decision 33086
10. 19 Dec 2002 AB 844-X
    MADE A FINDING OF NO SIGNIFICANT IMPACT UNDER 49 CFR 1105.10(G) PURSUANT TO 49 CFR 1011.7(B)(9).

    Director Of Proceedings · SANTA MARIA VALLEY RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SANTA BARBARA COUNTY, CA · decision 33252
11. 19 Dec 2002 AB 6 (Sub-No. 395X)
    GRANTED BNSF'S REQUEST TO EXTEND THE TRAIL USE NEGOTIATING PERIOD TO JUNE 17, 2003.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHEROKEE COUNTY, KS, AND JASPER COUNTY, MO · decision 33236
12. 18 Dec 2002 AB 565 (Sub-No. 10X)
    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 · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN WORCESTER COUNTY, MA · decision 33270
13. 18 Dec 2002 FD 34110
    GRANTED THE JOINT MOTION FILED ON DECEMBER 12, 2002, BY MMA-LLC AND THE MONTREAL, MAINE & ATLANTIC RAILWAY, LTD. (MMA-LTD.), REQUESTING THAT THE BOARD SUBSTITUTE MMA-LTD. FOR MMA-LLC AS THE PARTY THAT MAY ACQUIRE AND OPERATE THE BANGOR & AROOSTOOK RAILROAD COMPANY SYSTEM'S ASSETS UNDER THE EXEMPTION.

    Secretary · 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 33267
14. 17 Dec 2002 AB 6 (Sub-No. 398X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION --IN SAN BERNARDINO COUNTY, CA · decision 33210
15. 16 Dec 2002 FD 34255
    (1) GRANTED THE MOTION FOR A PROTECTIVE ORDER; AND (2) ORDERED THAT THE LEASE AGREEMENT(S) SUBMITTED IN STB FINANCE DOCKET NO. 34255 WILL BE KEPT UNDER SEAL BY THE BOARD AND NOT PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC, UNLESS THE ATTACHED UNDERTAKING IS EXECUTED AND THE TERMS OF THE PROTECTIVE ORDER ARE FOLLOWED, OR UNLESS OTHERWISE ORDERED BY THE BOARD.

    Secretary · PORTLAND & WESTERN RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33271
16. 16 Dec 2002 AB 325 (Sub-No. 2X)
    GRANTED THE REQUESTS TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL JUNE 8, 2003, FOR THE PORTIONS OF THE LINE DESCRIBED IN THIS DECISION.

    Director Of Proceedings · FLORIDA MIDLAND RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SUMTER AND LAKE COUNTIES, FL · decision 33235
17. 16 Dec 2002 AB 6 (Sub-No. 396X)
    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 · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, KS · decision 33192