Week of 24 Mar 2003

Decisions served

1. 28 Mar 2003 AB 846-X
   (1) REOPENED THIS PROCEEDING; AND (2) UPON RECONSIDERATION, THE EXEMPTION OF THE ABANDONMENT OF THE LINE DESCRIBED IN THIS DECISION IS SUBJECT TO THE CONDITION THAT IIDC SHALL, PRIOR TO SALVAGE ACTIVITIES, CONSULT WITH U.S. FISH AND WILDLIFE SERVICE AND THE INDIANA DEPARTMENT OF NATURAL RESOURCES TO EVALUATE POTENTIAL IMPACTS TO WILDLIFE AND HABITAT AND THE POSSIBLE NEED TO IMPLEMENT MITIGATION MEASURES. THE RESULTS OF THESE CONSULTATIONS SHALL BE REPORTED TO THE BOARD.

   Director Of Proceedings · ILLINOIS INDIANA DEVELOPMENT COMPANY, LLC--ABANDONMENT EXEMPTION--IN LAPORTE COUNTY, IN · decision 33475
2. 28 Mar 2003 AB 6 (Sub-No. 403X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SEDGWICK COUNTY, KS · decision 33456
3. 28 Mar 2003 AB 565 (Sub-No. 14X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MONTGOMERY AND SCHENECTADY COUNTIES, NY · also entered in AB 55 (Sub-No. 629X) · decision 33440
4. 28 Mar 2003 AB 43 (Sub-No. 174X)
   REOPENED THE PROCEEDING TO IMPOSE ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

   Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RANDOLPH COUNTY, IL · decision 33430
5. 28 Mar 2003 FD 34210
   CONDITIONALLY EXEMPTED UNDER 49 U.S.C. 10502, FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901, THE CONSTRUCTION AND OPERATION BY SUNFLOWER RAIL COMPANY, LLC OF APPROXIMATELY 4.7 MILES OF RAILROAD LINE IN THE VICINITY OF GARDEN CITY IN FINNEY COUNTY, KS.

   Entire Board · SUNFLOWER RAIL COMPANY, LLC--CONSTRUCTION AND OPERATION EXEMPTION--FINNEY COUNTY, KAN. · decision 33365
6. 28 Mar 2003 FD 34305
   CONDITIONALLY EXEMPTED, UNDER 49 U.S.C. 10502, FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901, THE CONSTRUCTION AND OPERATION BY BNSF OF AN APPROXIMATELY 850-FOOT LINE OF RAILROAD IN MERCED COUNTY, CA.

   Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--MERCED COUNTY, CA · decision 33350
7. 28 Mar 2003 AB 43 (Sub-No. 173X)
   GRANTED ILLINOIS CENTRAL RAILROAD COMPANY A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A RAIL LINE KNOWN AS CENTRAL DISTRICT TRACKAGE, EXTENDING FROM MILEPOST MH 0.66 TO MILEPOST MH 3.06, A DISTANCE OF 2.4 MILES, IN FOREST COUNTY, MS, SUBJECT TO TRAIL USE, PUBLIC USE, ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FORREST COUNTY, MS · decision 33340
8. 28 Mar 2003 EP 589
   CONCLUDED THAT THE BOARD WILL DETERMINE THE VARIABLE COSTS OF NON-CLASS I RAILROADS IN RAIL RATE REASONABLENESS CASES USING CLASS I RAILROAD REGIONAL AVERAGE COSTS AND MAKING APPROPRIATE ADJUSTMENTS TO THOSE AVERAGE COSTS ON A CASE-BY-CASE BASIS.

   Entire Board · CALCULATION OF VARIABLE COSTS IN RATE COMPLAINT PROCEEDINGS INVOLVING NON-CLASS I RAILROADS · decision 33264
9. 27 Mar 2003 S5M 61 (Sub-No. 6)
   THE BOARD RENEWED APPROVAL OF THE AGREEMENT OF THE NATIONAL CLASSIFICATION COMMITTEE PURSUANT TO 49 U.S.C. 13703, PROVIDED THAT THE AGREEMENT IS MODIFIED AS SPECIFIED IN THIS DECISION.

   Entire Board · NATIONAL CLASSIFICATION COMMITTEE -- AGREEMENT · decision 32809
10. 27 Mar 2003 S5M 116 (Sub-No. 1)
    ON RECONSIDERATION, BOARD AFFIRMED, WITH MINOR MODIFICATIONS, THE BOARD'S NOVEMBER 20, 2001 DECISION SUBJECTING ITS CONTINUED APPROVAL OF MOTOR CARRIER RATE BUREAU AGREEMENTS TO A CONDITION REQUIRING CARRIERS TO FURNISH A 'TRUTH-IN-RATES' NOTICE AND A CONDITION BARRING USE OF A LOSS-OF-DISCOUNT PENALTY FOR LATE PAYMENT.

    Entire Board · WILLAMETTE TARIFF BUREAU, INC. -- RENEWAL OF AGREEMENT · also entered in S5M 55 (Sub-No. 2), S5M 118 (Sub-No. 2), S5M 58 (Sub-No. 4), S5M 63 (Sub-No. 4), S5M 22 (Sub-No. 8), S5M 25 (Sub-No. 9), S5M 34 (Sub-No. 10), S5M 60 (Sub-No. 11), S5M 70 (Sub-No. 12), S5M 45 (Sub-No. 16), S5M 46 (Sub-No. 21) · decision 32471
11. 26 Mar 2003 EP 646
    NOTICE THAT THE BOARD WILL HOLD A PUBLIC HEARING ON WEDNESDAY, APRIL 16, 2003, AT ITS OFFICES IN WASHINGTON, DC, TO PROVIDE INTERESTED PERSONS AN OPPORTUNITY TO EXPRESS THEIR VIEWS ON THE SUBJECT OF BOARD PROCESSING OF RAIL RATE CHALLENGES THAT ARE NOT SUITABLE FOR HANDLING UNDER THE BOARD'S CONSTRAINED MARKET PRICING PROCEDURES.

    Secretary · RAIL RATE CHALLENGES IN SMALL CASES · decision 33485
12. 26 Mar 2003 FD 30186 (Sub-No. 3)
    AMENDED NOTICE OF INTENT TO PREPARE A SUPPLEMENT TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT AND REQUEST FOR COMMENTS ON THE ADEQUACY OF THE FINAL SCOPE OF THE SUPPLEMENT DATED FEBRUARY 3, 1999.

    Chief Of Section Of Environmental Analysis · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 33460
13. 26 Mar 2003 FD 34321
    NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF), HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPNY OVER BNSF'S RAIL LINES BETWEEN BNSF MILEPOST 143.2 NEAR LOS ANGELES, CA, AND BNSF MILEPOST 10.5 NEAR RIVERSIDE, CA, A DISTANCE OF APPROXIMATELY 57.2 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33451
14. 26 Mar 2003 FD 34320
    NOTICE THAT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF), HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER A BNSF LINE OF RAILROAD BETWEEN BNSF MILEPOST 203.0 NEAR KEDDIE, CA, AND BNSF MILEPOST 0.0 NEAR KLAMATH FALLS, OR, A DISTANCE OF APPROXIMATELY 203.0 MILES.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33448
15. 26 Mar 2003 FD 34298
    NOTICE THAT CGR HAS FILED A VERIFIED NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE AN APPROXIMATELY 24.2-MILE LINE OF THE CGA EXTENDING FROM APPROXIMATELY MILEPOST J357.8 AT THE HILTON, GA STATION TO APPROXIMATELY MILEPOST J382.0 AT THE DOTHAN, AL STATION IN EARLY COUNTY, GA, AND HOUSTON AND HENRY COUNTIES, AL.

    Director Of Proceedings · CHATTAHOOCHEE & GULF RAILROAD CO., INC.--ACQUISITION AND OPERATION EXEMPTION--LINE OF CENTRAL OF GEORGIA RAILROAD COMPANY · decision 33445
16. 26 Mar 2003 NOM 42073
    (1) DISMISSED THE PETITION FOR DECLARATORY ORDER WITHOUT PREJUDICE; AND (2) DISCONTINUED THE PROCEEDING IN STB DOCKET NO. 42073.

    Secretary · NEWELL WINDOW FURNISHINGS, INC., AND NEWELL RUBBERMAID, INC. V. UNITED PARCEL SERVICE, INC., AN OHIO CORPORATION, AND UNITED PARCEL SERVICE, INC., A NEW YORK CORPORATION · decision 33411
17. 25 Mar 2003 AB 565 (Sub-No. 14X)
    NOTICE THAT NYC AND CSXT HAVE FILED A NOTICE OF EXEMPTION FOR NYC TO ABANDON AND CSXT TO DISCONTINUE SERVICE OVER APPROXIMATELY 6.3 MILES OF RAILROAD FROM MILEPOST QGW 159.6 TO MILEPOST QGW 165.9, BETWEEN SOUTH AMSTERDAM IN MONTGOMERY COUNTY AND ROTTERDAM JUNCTION IN SCHENECTADY COUNTY, NY.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MONTGOMERY AND SCHENECTADY COUNTIES, NY · also entered in AB 55 (Sub-No. 629X) · decision 33457
18. 25 Mar 2003 FD 33697
    DENIED A PETITION SEEKING CLARIFICATION OF THE DECISION SERVED ON JANUARY 31, 2003, IN THIS PROCEEDING.

    Entire Board · NATIONAL RAILROAD PASSENGER CORPORATION--PETITION FOR DECLARATORY ORDER--WEIGHT OF RAIL · decision 33412
19. 25 Mar 2003 NOR 42069
    GRANTS THE REQUEST FILED BY DUKE ENERGY CORPORATION TO REJECT NORFOLK SOUTHERN RAILWAY COMPANY'S TABLES SUBMITTED ALONG WITH ITS BRIEF IN THIS MAXIMUM RATE REASONABLENESS COMPLAINT PROCEEDING.

    Entire Board · DUKE ENERGY CORPORATION V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 33401
20. 25 Mar 2003 NOR 42070
    GRANTED CSX TRANSPORTATION, INC.'S MOTION TO STRIKE PORTIONS OF THE REBUTTAL EVIDENCE FILED BY COMPLAINANT DUKE ENERGY CORPORATION.

    Entire Board · DUKE ENERGY CORPORATION V. CSX TRANSPORTATION, INC. · decision 33391
21. 25 Mar 2003 FD 34276
    GRANTS (1) A MOTION TO DISMISS A NOTICE OF EXEMPTION FILED BY MASSPORT IN CONNECTION WITH ITS ACQUISITION OF THE RIGHT-OF-WAY OF THE MYSTIC WHARF BRANCH FROM B&M; AND (2) A MOTION FILED BY B&M TO WITHDRAW ITS PREVIOUSLY APPROVED APPLICATION TO ABANDON THE MYSTIC WHARF BRANCH.

    Entire Board · MASSACHUSETTS PORT AUTHORITY--ACQUISITION EXEMPTION--CERTAIN ASSETS OF BOSTON AND MAINE CORPORATION · also entered in AB 32 (Sub-No. 92) · decision 33156
22. 24 Mar 2003 AB 55 (Sub-No. 592X)
    GRANTED CSXT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL SEPTEMBER 30, 2003, FOR THE LINE SEGMENTS BETWEEN MILEPOSTS B-1.3 AND B-4.96, AND BETWEEN MILEPOSTS B-5.52 AND B-6.7.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK COUNTY, IN · decision 33446
23. 24 Mar 2003 AB 468 (Sub-No. 5X)
    NOTICE THAT P&L FILED A PETITION FOR EXEMPTION TO ABANDON APPROXIMATELY 5,780 FEET OF RAIL LINE EXTENDING FROM STATION NUMBER 17+55, NEAR CALDWELL STREET, TO STATION NUMBER 64+00, NEAR 6TH STREET, ON EACH SIDE OF RAILROAD MILEPOST 1, IN THE CITY OF PADUCAH, MCCRACKEN COUNTY, KY.

    Director Of Proceedings · PADUCAH & LOUISVILLE RAILWAY, INC.--ABANDONMENT EXEMPTION--IN MCCRACKEN COUNTY, KY · decision 33433
24. 24 Mar 2003 AB 6 (Sub-No. 403X)
    NOTICE THAT BNSF HAS FILED A NOTICE OF EXEMPTION TO ABANDON ITS LINE OF RAILROAD, BETWEEN MILEPOST 494.22 AND MILEPOST 505.20 IN AND NEAR WICHITA, KS, AND FROM MILEPOST 515.23 TO MILEPOST 509.30 BETWEEN WICHITA AND VALLEY CENTER, IN SEDGWICK COUNTY, KS, A TOTAL DISTANCE OF 16.91 MILES.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SEDGWICK COUNTY, KS · decision 33428
25. 24 Mar 2003 NOR 42056
    FOUND THAT THE DEFENDANT RAILROAD HAS MARKET DOMINANCE OVER THE TRANSPORTATION AT ISSUE AND THAT THE CHALLENGED RATE IS UNREASONABLY HIGH. A MAXIMUM REASONABLE RATE IS PRESCRIBED AND REPARATIONS ARE ORDERED.

    Entire Board · TEXAS MUNICIPAL POWER AGENCY V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 31522