Week of 31 Mar 2003

Decisions served

1. 4 Apr 2003 AB 491 (Sub-No. 1X)
   GRANTED CLEARFIELD COUNTY RAILS TO TRAILS ASSOCIATION'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL SEPTEMBER 20, 2003.

   Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES, INC.--ABANDONMENT EXEMPTION--IN CLEARFIELD AND CENTRE COUNTIES, PA · decision 33498
2. 4 Apr 2003 NOR 42057
   DENIED A MOTION FILED BY BNSF FOR SUMMARY DISPOSITION AND STAY OF THE PROCEDURAL SCHEDULE.

   Entire Board · PUBLIC SERVICE COMPANY OF COLORADO D/B/A XCEL ENERGY V. BNSF RAILWAY COMPANY · decision 33493
3. 4 Apr 2003 FD 34177 (Sub-No. 1)
   (1) GRANTED IC&E'S MOTION FOR A PROTECTIVE ORDER AND ADOPTED THE PROTECTIVE ORDER AND UNDERTAKING IN THE APPENDIX TO THIS DECISION; AND (2) ORDERED THAT THE CONFIDENTIAL DRAFT TRACKAGE RIGHTS AGREEMENT SUBMITTED IN STB FINANCE DOCKET NO. 34177 (SUB-NO. 1) 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 · IOWA CHICAGO & EASTERN RAILROAD CORPORATION--TRACKAGE RIGHTS EXEMPTION--COMMUTER RAIL DIVISION OF REGIONAL TRANSPORTATION AUTHORITY OF NORTHEAST ILLINOIS AND SOO LINE RAILROAD COMPANY · decision 33482
4. 4 Apr 2003 AB 55 (Sub-No. 622X)
   NOTICE THAT CSXT HAS FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 4.14-MILE LINE OF RAILROAD AT TEAYS INDUSTRIAL TRACK BETWEEN MILEPOST CES-0.00 AND MILEPOST CES-4.14 IN PIKE COUNTY, OH.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PIKE COUNTY, OH · decision 33458
5. 3 Apr 2003 FD 34281
   GRANTED THE MOTION FILED ON APRIL 3, 2003, BY THE TOWN OF MILLBURY REQUESTING THE ACTION IN THIS PROCEEDING BE DELAYED UNTIL AFTER APRIL 9, 2003, AND EXTENDED THE DEADLINE FOR FILING REPLIES TO MS. AUBIN'S MOTION TO LIFT THE STAY UNTIL APRIL 9, 2003.

   Secretary · LB RAILCO, INC.--LEASE AND OPERATION EXEMPTION--PROVIDENCE AND WORCESTER RAILWAY COMPANY · decision 33512
6. 3 Apr 2003 AB 6 (Sub-No. 400X)
   (1) REOPENED THIS PROCEEDING; (2) SUBJECTED THE EXEMPTION FOR ABANDONMENT OF THE LINE TO THE ENVIRONMENTAL CONDITIONS THAT, IF BNSF OBSERVES WHOOPING CRANES WITHIN 1 MILE OF ACTIVE ABANDONMENT OR SALVAGE ACTIVITIES, IT SHALL CEASE ABANDONMENT AND SALVAGE ACTIVITIES UNTIL THE WHOOPING CRANES LEAVE THE AREA, AND BNSF SHALL ALSO RETAIN ITS INTEREST IN AND TAKE NO STEPS TO ALTER THE HISTORIC INTEGRITY OF THE RIGHT-OF-WAY UNTIL COMPLETION OF THE SECTION 106 PROCESS OF THE NHPA; AND (3) IMPOSED INTERIM TRAIL USE/RAIL BANKING AND PUBLIC USE CONDITIONS ON THE ABANDONMENT OF THE LINE.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN AND WEBSTER COUNTIES, NE · decision 33465
7. 3 Apr 2003 AB 55 (Sub-No. 627X)
   (1) REOPENED THIS PROCEEDING; (2) ACCEPTED THE LATE-FILED REQUEST FOR A NITU UNDER 16 U.S.C. 1247(D) AND A PUBLIC USE CONDITION UNDER 49 U.S.C. 10905; AND (3) MODIFIED THE NOTICE OF EXEMPTION SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON FEBRUARY 11, 2003, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED IN THIS DECISION TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AND TO PERMIT PUBLIC USE NEGOTIATIONS AS SET FORTH IN THIS PROCEEDING.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FLOYD COUNTY, KY · decision 33454
8. 3 Apr 2003 EP 638
   (1) AMENDS THE BOARD'S REGULATIONS AT PARTS 1109, 1111, AND 1114 TO EXPEDITE THE RESOLUTION OF RAIL RATE CASES CONSIDERED UNDER THE STAND-ALONE COST (SAC) METHODOLOGY BY: (A) INSTITUTING A REQUIREMENT FOR MANDATORY, NON-BINDING POST-COMPLAINT MEDIATION BETWEEN THE SHIPPER AND RAILROAD UNDER THE BOARD AUSPICES; (B) ESTABLISHING INFORMAL EXPEDITED PROCESSES; USING BOARD STAFF, FOR RESOLVING DISCOVERY AND EVIDENTIARY DISPUTES; AND (2) CLARIFIES THE BOARD'S CONFIDENTIALITY RULES, AND SEEKS COMMENT FROM INTERESTED PARTIES ON SEVERAL ADDITIONAL SUGGESTIONS THAT HAVE BEEN MADE TO STREAMLINE THE DISCOVERY PROCESS IN SAC CASES.

   Entire Board · PROCEDURES TO EXPEDITE RESOLUTION OF RAIL RATE CHALLENGES TO BE CONSIDERED UNDER THE STAND-ALONE COST METHODOLOGY · decision 33442
9. 2 Apr 2003 FD 33995
   VACATED THE ALIENATION CONDITIONS IMPOSED IN THE FEBRUARY 6, 2003 STAY DECISION IN THIS 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 · decision 33419
10. 2 Apr 2003 FD 34282
    (1) GRANTED A REQUEST BY TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION TO DISMISS THE MOTION OF ITS CORPORATE PARENT, RAIL AMERICA, INC., AND AN AFFILIATE, WESTERN ILLINOIS RAILWAY COMPANY TO DISMISS FOR LACK OF BOARD JURISDICTION THE EXEMPTIONS ISSUED IN THESE PROCEEDINGS; AND (2) VACATES THE EXEMPTIONS ON THE BOARD'S OWN MOTION.

    Entire Board · WESTERN ILLINOIS RAILWAY COMPANY--ACQUISITION EXEMPTION--TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION · also entered in FD 34283 · decision 33232
11. 1 Apr 2003 EP 646
    (1) RESCHEDULED THE PUBLIC HEARING IN THIS MATTER TO APRIL 22, 2003; AND (2) ESTABLISHED NEW DATES FOR FILING NOTICES OF INTENT TO PARTICIPATE AND FOR FILING WRITTEN TESTIMONY.

    Secretary · RAIL RATE CHALLENGES IN SMALL CASES · decision 33503
12. 1 Apr 2003 AB 565 (Sub-No. 8X)
    GRANTED NYC AND CSX TRANSPORTATION, INC.'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE OCTOBER 10, 2003.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN DELAWARE COUNTY, OH · decision 33472
13. 1 Apr 2003 NOR 42075
    (1) INSTITUTED A DECLARATORY ORDER PROCEEDING; AND (2) ORDERED THAT THIS PROCEEDING WILL BE HANDLED UNDER THE MODIFIED PROCEDURE, ON THE BASIS OF WRITTEN STATEMENTS SUBMITTED BY THE PARTIES; (3) DIRECTED THAT ALL PARTIES MUST COMPLY WITH THE RULES OF PRACTICE, INCLUDING 49 CFR 1112 AND 1114; AND (4) SET A PROCEDURAL SCHEDULE.

    Director Of Proceedings · ENGELHARD CORPORATION--PETITION FOR DECLARATORY ORDER--SPRINGFIELD TERMINAL RAILWAY COMPANY AND CONSOLIDATED RAIL CORPORATION · decision 33068
14. 31 Mar 2003 FD 34281
    GRANTED THE TOWN OF MILLBURY'S MOTION FILED ON MARCH 27, 2003, TO DELAY ACTION IN THIS PROCEEDING UNTIL AFTER APRIL 2, 2003, AND EXTENDED THE DEADLINE FOR FILING REPLIES TO ELIZABETH AUBIN'S MOTION TO LIFT THE STAY UNTIL APRIL 2, 2003.

    Secretary · LB RAILCO, INC.--LEASE AND OPERATION EXEMPTION--PROVIDENCE AND WORCESTER RAILWAY COMPANY · decision 33499
15. 31 Mar 2003 AB 565 (Sub-No. 7X)
    GRANTED NYC'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO OCTOBER 28, 2003.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN SUFFOLK COUNTY, MA · decision 33473
16. 31 Mar 2003 FD 34293
    NOTICE THAT METRO-NORTH COMMUTER RAILROAD COMPANY, HAS FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE THROUGH A SUBLEASE FROM NORFOLK SOUTHERN RAILWAY COMPANY (NSR) AND OPERATE A RAIL LINE OWNED BY PENNSYLVANIA LINES LLC AND LEASED AND OPERATED BY NSR.

    Director Of Proceedings · METRO-NORTH COMMUTER RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--LINE OF NORFOLK SOUTHERN RAILWAY COMPANY AND PENNSYLVANIA LINES LLC · decision 33410