Week of 28 Apr 2003

Decisions served

1. 2 May 2003 AB 596
   NOTICE THAT THE BOARD WILL CONDUCT A VOTING CONFERENCE ON FRIDAY, MAY 9, 2003, AT 10 A.M.

   Secretary · NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--ADVERSE ABANDONMENT--NEW YORK CROSS HARBOR RAILROAD IN BROOKLYN, NY · also entered in EP 333, FD 33740, FD 33989, FD 34040, FD 34079, FD 34145, FD 34179, FD 34236, FD 34284, FD 34293, FD 34299, MCF 20995, NOR 41185, NOR 42072, NOR 42077, WCC 105, FD 34316 (Sub-No. 1), FD 34320 (Sub-No. 1), FD 34321 (Sub-No. 1), FD 34333 (Sub-No. 1), AB 389 (Sub-No. 1X), EP 282 (Sub-No. 20), EP 346 (Sub-No. 25), AB 55 (Sub-No. 618) · decision 33578
2. 2 May 2003 FD 34079
   ISSUED THE FINAL ENVIRONMENTAL IMPACT STATEMENT IN THIS PROCEEDING.

   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 33543
3. 2 May 2003 FD 34333
   NOTICE THAT BNSF HAS AGREED TO GRANT TEMPORARY OVERHEAD TRACKAGE RIGHTS TO UP OVER BNSF'S RAIL LINES BETWEEN BNSF MILEPOST 141.7 NEAR ROCKVIEW, MO, AND BNSF MILEPOST 422.2 NEAR JONESBORO, AR, A DISTANCE OF APPROXIMATELY 181.6 MILES.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33536
4. 2 May 2003 AB 468 (Sub-No. 5X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · PADUCAH & LOUISVILLE RAILWAY, INC.--ABANDONMENT EXEMPTION--IN MCCRACKEN COUNTY, KY · decision 33431
5. 1 May 2003 FD 34281
   GRANTED LB RAILCO, INC.'S REQUEST FOR WITHDRAWAL OF ITS NOTICE OF EXEMPTION AND DISMISSED THIS PROCEEDING.

   Secretary · LB RAILCO, INC.--LEASE AND OPERATION EXEMPTION--PROVIDENCE AND WORCESTER RAILWAY COMPANY · decision 33568
6. 1 May 2003 AB 6 (Sub-No. 393X)
   GRANTED BNSF'S REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT; AND ORDERED THAT THE AUTHORITY TO ABANDON MUST BE EXERCISED, AND THE NOTICE OF CONSUMMATION MUST BE FILED, ON OR BEFORE SEPTEMBER 30, 2003.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN NELSON AND EDDY COUNTIES, ND · decision 33554
7. 1 May 2003 AB 303 (Sub-No. 20X)
   GRANTED THE STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND WISCONSIN CENTRAL LTD.'S JOINT REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO OCTOBER 29, 2003.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 33551
8. 30 Apr 2003 FD 34292
   GRANTED SANTA CLARA VALLEY TRANSPORTATION AUTHORITY'S REQUEST FOR PERMISSION TO WITHDRAW ITS MOTION TO DISMISS.

   Secretary · SANTA CLARA VALLEY TRANSPORTATION AUTHORITY--ACQUISITION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 33567
9. 29 Apr 2003 NOR 42078
   (1) GRANTED NSR'S AND RBMN'S RESPECTIVE REQUESTS TO INCLUDE ADDITIONAL EVIDENCE AND ARGUMENT; (2) DENIED NSR'S PETITION FOR DECLARATORY ORDER; AND (3) DENIED NSR'S REQUEST FOR INJUNCTIVE RELIEF AS MOOT.

   Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--PETITION FOR DECLARATORY ORDER--INTERCHANGE WITH READING BLUE MOUNTAIN & NORTHERN RAILROAD COMPANY · decision 33545
10. 29 Apr 2003 FD 34331
    NOTICE THAT, PURSUANT TO A TRACKAGE RIGHTS AGREEMENT DATED APRIL 8, 2003, BETWEEN WISCONSIN CENTRAL LTD. (WCL), AND THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY (EJE), WCL SHALL HAVE NON-EXCLUSIVE OVERHEAD TRACKAGE RIGHTS BETWEEN THE EJE'S CONNECTION WITH WCL AT LEITHTON, IL, AT OR NEAR EJE MILEPOST 59.3 AND EJE'S CONNECTION WITH THE CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY, AT MUNGER, IL, AT OR NEAR EJE MILEPOST 35.3, ON EJE'S WESTERN SUBDIVISION, A TOTAL DISTANCE OF APPROXIMATELY 24 MILES.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--TRACKAGE RIGHTS EXEMPTION--ELGIN, JOLIET AND EASTERN RAILWAY COMPANY · decision 33526
11. 28 Apr 2003 AB 565 (Sub-No. 4X)
    GRANTED FLEX-N-GATE CORPORATION (FLEX) AND FNG LOGISTICS CO.'S (FNG) REQUEST TO SUBSTITUTE FNG FOR FLEX, AS THE PURCHASER OF APPROXIMATELY 5.91 MILES OF THE RIGHT-OF-WAY FROM NYC BETWEEN MILEPOST QSO-5.18 AND MILEPOST QSO-11.09.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN VERMILLION AND WARREN COUNTIES, IN · decision 33569
12. 28 Apr 2003 FD 34334
    GRANTED THE PETITION OF LANCASTER AND CHESTER RAILWAY COMPANY (L&C) FOR WAIVER OF THE REQUIREMENT OF 49 CFR 1150.42(E) THAT 60 DAYS NOTICE BE GIVEN TO EMPLOYEES WHO MAY BE AFFECTED BY L&C'S PLANNED ACQUISITION AND CONTINUED OPERATION OF APPROXIMATELY 30.8 MILES OF RAIL LINE CURRENTLY OWNED BY THE NORFOLK SOUTHERN RAILWAY COMPANY IN KERSHAW AND LANCASTER COUNTIES, SC.

    Entire Board · LANCASTER AND CHESTER RAILWAY COMPANY--ACQUISITION AND OPERATION EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 33521
13. 28 Apr 2003 NOR 42060
    (1) REQUESTED ADDITIONAL SUBMISSIONS FROM THE PARTIES TO THIS PROCEEDING TO CLARIFY AND SUPPLEMENT THE RECORD ON SPECIFIED ISSUES; AND (2) NOTIFIED THE PARTIES THAT STATEMENTS ARE 20 DAYS FROM THE DATE OF SERVICE, AND REPLIES 10 DAYS THEREAFTER.

    Entire Board · NORTH AMERICA FREIGHT CAR ASSOCIATION--PROTEST AND PETITION FOR INVESTIGATION--TARIFF PUBLICATIONS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33452