Week of 27 Jan 2003

Decisions served

1. 31 Jan 2003 AB 55 (Sub-No. 568X)
   GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY AND ITS REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD, WHICH MUST BE EXERCISED ON OR BEFORE JULY 31, 2003.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, PA · decision 33351
2. 31 Jan 2003 AB 565 (Sub-No. 11X)
   (1) GRANTED A PETITION FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR NYC TO ABANDON, AND FOR CSXT TO DISCONTINUE SERVICE OVER, A LINE OR RAILROAD IN THE WESTERN REGION, GREAT LAKES DIVISION, CHICAGO LINE SUBDIVISION, EXTENDING FROM THE FORMER B&O VALUATION STATION 2535+40 TO THE END OF THE TRACK AT FORMER CONRAIL VALUATION STATION 45+01, BETWEEN PAINESVILLE AND GRAND RIVER, A DISTANCE OF 2.56 MILES IN LAKE COUNTY, OH; AND (2) SET A PROCEDURAL SCHEDULE.

   Entire Board · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN LAKE COUNTY, OH · also entered in AB 55 (Sub-No. 617X) · decision 33344
3. 31 Jan 2003 FD 33995
   (1) GRANTED THE PETITION TO REOPEN IN PART, AND THE DECISION SERVED OCTOBER 17, 2002, IS CLARIFIED AS INDICATED IN THE DECISION; (2) ORDERED THAT AT THE TIME OF RECONVEYANCE, TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION SHALL PAY SF&L $2,179,878 PLUS INTEREST FROM DECEMBER 29, 2000, TO THE DATE OF RECONVEYANCE AT THE RATE SPECIFIED IN 49 CFR 1141(A) AND CALCULATED IN THE MANNER SET FORTH IN 49 CFR 1141(B); (3) DENIED UNITED TRANSPORTATION UNION-ILLINOIS LEGISLATIVE BOARD'S MOTION FOR IMPOSITION OF LABOR PROTECTIVE CONDITIONS; AND (4) DISMISSED SF&L'S PETITION FOR AN ABANDONMENT EXEMPTION IN STB DOCKET NO. AB-448 (SUB-NO. 2X) AND DENIED TP&W'S MOTION TO SUBSTITUTE ITSELF FOR SF&L IN THAT PROCEEDING.

   Entire Board · 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 33343
4. 31 Jan 2003 AB 6 (Sub-No. 397X)
   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 PIERCE COUNTY, WA · decision 33329
5. 31 Jan 2003 EP 290 (Sub-No. 4)
   PROPOSED TO ADOPT 1.019 (1.9% PER YEAR) AS THE MEASURE OF AVERAGE CHANGE IN RAILROAD PRODUCTIVITY FOR THE 1997-2001 (5-YEAR) AVERAGING PERIOD. THE BOARD CURRENTLY USES A VALUE OF 4.2% THAT WAS DEVELOPED FOR THE 1996-2000 PERIOD.

   Entire Board · RAILROAD COST RECOVERY PROCEDURES-PRODUCTIVITY ADJUSTMENT · decision 33328
6. 31 Jan 2003 FD 33697
   (1) FINDS THAT AMTRAK HAS COMPLETED THE LINE REHABILITATION, ACCORDING TO THE TERMS SET OUT IN THE BOARD'S OCTOBER 22, 1999 DECISION AND HAS COMPLIED WITH THE BOARD'S CONDITIONS AND THE ANALYSIS OF THIS MATTER IS COMPLETE; AND (2) ORDERS THAT GUILFORD RAIL SYSTEM MUST PERMIT AMTRAK TO OPERATE OVER THE LINE AT ISSUE AT SPEEDS OF UP TO 79 MPH, SUBJECT TO FEDERAL RAILROAD ADMINISTRATION'S TRACK SAFETY REQUIREMENTS.

   Entire Board · NATIONAL RAILROAD PASSENGER CORPORATION--PETITION FOR DECLARATORY ORDER--WEIGHT OF RAIL · decision 32705
7. 30 Jan 2003 AB 55 (Sub-No. 619X)
   (1) TERMINATED THE OFA PROCESS IN THIS PROCEEDING; AND (2) VACATED THE DECISION SERVED ON DECEMBER 13, 2002, TO THE EXTENT IT POSTPONED THE EFFECTIVE DATE OF THE ABANDONMENT EXEMPTION TO PERMIT THE OFA PROCESS TO PROCEED.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALLEGAN COUNTY, MI · decision 33337
8. 29 Jan 2003 AB 55 (Sub-No. 591X)
   GRANTED CSXT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO AUGUST 4, 2003.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK AND FLOYD COUNTIES, IN · decision 33362
9. 29 Jan 2003 AB 364 (Sub-No. 7X)
   NOTICE THAT THE TEXAS NORTHEASTERN DIVISION, MID-MICHIGAN RAILROAD, INC., FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO DISCONTINUE SERVICE OVER 10.51 MILES OF RAILROAD BETWEEN MILEPOST 662.54 IN DENISON AND MILEPOST 673.05 IN SHERMAN, IN GRAYSON COUNTY, TX.

   Director Of Proceedings · THE TEXAS NORTHEASTERN DIVISION, MID-MICHIGAN RAILROAD, INC.--DISCONTINUANCE OF SERVICE EXEMPTION--IN GRAYSON COUNTY, TX · decision 33338
10. 28 Jan 2003 AB 6 (Sub-No. 397X)
    NOTICE THAT BNSF HAS FILED A NOTICE OF EXEMPTION TO ABANDON A 0.24-MILE LINE OF RAILROAD BETWEEN MILEPOST 28.10 AND MILEPOST 28.34 NEAR MCMILLAN, IN PIERCE COUNTY, WA.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN PIERCE COUNTY, WA · decision 33330
11. 27 Jan 2003 EP 333
    NOTICE THAT THE VOTING CONFERENCE ORIGINALLY SCHEDULED FOR THURSDAY, JANUARY 30, 2003, HAS BEEN RESCHEDULED FOR JANUARY 31, 2003.

    Secretary · MEETINGS OF THE BOARD · also entered in FD 33697, FD 33995, FD 33996, FD 34114, FD 34178, FD 34304, AB 448 (Sub-No. 2X), AB 565 (Sub-No. 11X), EP 282 (Sub-No. 20), AB 55 (Sub-No. 617X) · decision 33364
12. 27 Jan 2003 FD 34308
    NOTICE THAT CMRC HAS FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE AND OPERATE APPROXIMATELY 8.65 MILES OF RAIL LINE AND RELATED INDUSTRIAL TRACKS CURRENTLY OWNED AND OPERATED BY UP.

    Director Of Proceedings · CENTRAL MIDLAND RAILWAY COMPANY--LEASE AND OPERATION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 33331
13. 27 Jan 2003 AB 55 (Sub-No. 586X)
    GRANTED CSXT'S REQUESTS TO EXTEND THE NITU NEGOTIATING PERIOD FOR THAT PORTION OF THE LINE EXTENDING BETWEEN MILEPOST OKW 333.62 AND MILEPOST OKW 334.24, AND TO EXTEND THE TIME TO EXERCISE THE ABANDONMENT AUTHORITY FOR THAT LINE SEGMENT.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MCMINN COUNTY, TN · decision 33295