Week of 12 May 2003

Decisions served

1. 16 May 2003 NOR 42060
   GRANTED NORTH AMERICA FREIGHT CAR ASSOCIATION, AMERICAN CHEMISTRY COUNCIL AND THE NATIONAL INDUSTRIAL TRANSPORTATION LEAGUE'S REQUEST FOR AND EXTENSION TO FILE INITIAL STATEMENTS AND REPLIES.

   Secretary · NORTH AMERICA FREIGHT CAR ASSOCIATION--PROTEST AND PETITION FOR INVESTIGATION--TARIFF PUBLICATIONS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 33617
2. 16 May 2003 FD 34330
   EXTENDED THE DEADLINE FOR UNION PACIFIC RAILROAD COMPANY TO FILE ITS REPLY TO MAY 27, 2003, AND EXTENDED THE DEADLINE FOR LOUISIANA-PACIFIC CORPORATION FO FILE ITS REPLY TO JUNE 2, 2003.

   Secretary · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ACQUISITION AND OPERATION EXEMPTION--MONTANA WESTERN RAILWAY COMPANY, INC. · decision 33616
3. 16 May 2003 FD 34079
   EXTENDED THE DEADLINE FOR FILING ADMINISTRATIVE APPEALS IN THIS PROCEEDING ONE WEEK TO JUNE 16, 2003 AND EXTENDED THE EFFECTIVE DATE OF THE BOARD'S DECISION SERVED ON MAY 9, 2003 TO JUNE 16, 2003.

   Secretary · 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 33614
4. 16 May 2003 FD 33928
   GRANTED AUTHORITY UNDER 49 U.S.C. 10901 FOR NORFOLK SOUTHERN CORPORATION, NORFOLK SOUTHERN RAILWAY COMPANY (NSR), OR ONE OF THEIR RESPECTIVE SUBSIDIARIES TO CREATE AND FOR NSR TO OPERATE OVER A NEW 16-MILE RAIL CONNECTION BETWEEN SALTSBURG, PA, AND SHELOCTA, PA.

   Entire Board · NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY--CONSTRUCTION AND OPERATION--IN INDIANA COUNTY, PA · decision 33603
5. 16 May 2003 FD 34335
   (1) GRANTED KJRY'S MOTION FOR A PROTECTIVE ORDER; AND (2) ISSUED A PROTECTIVE ORDER TO ALLOW CONFIDENTIAL INFORMATION TO BE FILED UNDER SEAL TO PREVENT THE UNRESTRICTED DISCLOSURE OF INFORMATION.

   Secretary · KEOKUK JUNCTION RAILWAY COMPANY--FEEDER LINE ACQUISITION--LINE OF TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND HOLLIS, IL · decision 33602
6. 16 May 2003 FD 34340
   NOTICE THAT VERMILION VALLEY RAILROAD COMPANY, INC. FILED A VERIFIED NOTICE TO EXEMPTION UNDER 49 CFR 1150.31 TO OPERATE APPROXIMATELY 5.91 MILES OF RAILROAD OWNED BY FNG LOGISTICS CO. BETWEEN MILEPOST QSO-5.18 NEAR THE ILLINOIS/INDIANA STATE LINE AND MILEPOST QSO-11.09 NEAR OLIN, IN VERMILLION AND WARREN COUNTIES, IN.

   Director Of Proceedings · VERMILION VALLEY RAILROAD COMPANY, INC.--OPERATION EXEMPTION--FNG LOGISTICS CO. · decision 33570
7. 16 May 2003 AB 290 (Sub-No. 227X)
   PROCEEDING REOPENED TO IMPOSE THREE ENVIRONMENTAL CONDITIONS ON THE ABANDONMENT OF THE LINE.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN RUSSELL COUNTY, VA · decision 33566
8. 16 May 2003 AB 307 (Sub-No. 3X)
   (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE SEPTEMBER 16, 1996 DECISION.

   Director Of Proceedings · WYOMING AND COLORADO RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN ALBANY COUNTY, WY · decision 33557
9. 16 May 2003 AB 850-X
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · ST. CROIX VALLEY RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--IN PINE AND KANABEC COUNTIES, MN · decision 33463
10. 16 May 2003 FD 34299
    GRANTED A PETITION FILED BY G&O AND CLAUSSENS SEEKING AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323-25 TO CONTINUE IN CONTROL OF CGR, UPON CGR'S BECOMING A RAIL CARRIER.

    Entire Board · GULF & OHIO RAILWAYS HOLDING CO., INC., H. PETER CLAUSSEN AND LINDA C. CLAUSSEN--CONTINUANCE IN CONTROL EXEMPTION--CHATTAHOOCHEE & GULF RAILROAD CO., INC. · decision 33459
11. 16 May 2003 AB 389 (Sub-No. 1X)
    GRANTED GEORGIA SOUTHWESTERN RAILROAD INC.'S PETITION TO VACATE A NOTICE OF INTERIM TRAIL USE ON A 13.62-MILE RAIL LINE BETWEEN ALBANY AND SASSER, GA, SO THAT RAIL SERVICE MAY BE RESTORED ON THE LINE.

    Entire Board · GEORGIA GREAT SOUTHERN DIVISION, SOUTH CAROLINA CENTRAL RAILROAD CO., INC.--ABANDONMENT AND DISCONTINUANCE EXEMPTION--BETWEEN ALBANY AND DAWSON, IN TERRELL, LEE, AND DOUGHERTY COUNTIES, GA · decision 33455
12. 16 May 2003 FD 34316 (Sub-No. 1)
    GRANTED A PETITION FILED BY BNSF REQUESTING THAT THE BOARD PARTIALLY REVOKE THE CLASS EXEMPTION TO PERMIT THE TEMPORARY TRACKAGE RIGHTS ARRANGEMENT BETWEEN BNSF AND UP DESCRIBED IN STB FINANCE DOCKET NO. 34316, TO EXPIRE UPON COMPLETION OF THE CONSTRUCTION OF BNSF'S RAIL LINE BETWEEN KAMEY AND SEADRIFT, TX.

    Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 33423
13. 15 May 2003 FD 34345
    PROVIDES NOTICE THAT UP HAS AGREED TO GRANT LIMITED OVERHEAD TRACKAGE RIGHTS TO BNSF OVER UP LINES BETWEEN PORT CHICAGO, CA, AND STEGE, CA.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 33581
14. 15 May 2003 FD 33388
    EXTENDED THE COMPLIANCE DEADLINE FOR NS IN ENVIRONMENTAL CONDITION NO. 11 OF APPENDIX Q OF MERGER DEC. NO. 89 4 MONTHS UNTIL SEPTEMBER 22, 2003, WITH RESPECT TO RAIL LINE SEGMENTS N-100 (RIVERTON JUNCTION TO ROANOKE, VA) AND N-111 (FOLA MINE TO DEEPWATER, WV).

    Secretary · CSX CORPORATION AND CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY--CONTROL AND OPERATING LEASES/AGREEMENTS--CONRAIL INC. AND CONSOLIDATED RAIL CORPORATION · decision 33576
15. 15 May 2003 FD 34145
    DENIED THE PETITION OF JOSEPH C. SZABO, FOR AND ON BEHALF OF THE UNITED TRANSPORTATION UNION-ILLINOIS LEGISLATIVE BOARD, FOR RECONSIDERATION OF THE BOARD'S NOVEMBER 19, 2002 DECISION, WHICH DENIED A REQUEST TO REVOKE A CLASS EXEMPTION THAT ALLOWS A SMALL RAILROAD TO COMMENCE OPERATIONS IN THE CHICAGO AREA.

    Entire Board · BULKMATIC RAILROAD CORPORATION--ACQUISITION AND OPERATION EXEMPTION--BULKMATIC TRANSPORT COMPANY · also entered in FD 34179 · decision 33544
16. 15 May 2003 AB 565 (Sub-No. 1X)
    GRANTED CSX TRANSPORTION INC.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL OCTOBER 7, 2003, FOR THE 1.4-MILE LINE SEGMENT DESCRIBED IN THIS DECISION.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · also entered in AB 55 (Sub-No. 593X) · decision 33530
17. 15 May 2003 AB 55 (Sub-No. 618)
    DENIED BOLEN-BRUNSON-BELL LUMBER COMPANY, INC.'S PETITION TO REOPEN A DECISION SERVED OCTOBER 28, 2002, IN WHICH THE BOARD GRANTED, UNDER 49 U.S.C. 10903, THE APPLICATION OF CSXT TO DISCONTINUE SERVICE OVER AN 1.1-MILE PORTION OF ITS MIDWEST REGION, NASHVILLE DIVISION, MEMPHIS TERMINAL LINE BETWEEN MILEPOST ONI 224.0, AT MEMPHIS, TN, AND MILEPOST ONI 222.9 EAST OF MEMPHIS, IN SHELBY COUNTY, TN. THIS DECISION ALSO VACATED THE HOUSEKEEPING STAY IMPOSED IN A DECISION SERVED ON NOVEMBER 22, 2002.

    Entire Board · CSX TRANSPORTATION, INC.--DISCONTINUANCE--AT MEMPHIS, IN SHELBY COUNTY, TN · decision 33167
18. 15 May 2003 FD 33989
    FINDS THAT: (1) MAINE CENTRAL RAILROAD COMPANY, SPRINGFIELD TERMINAL RAILWAY COMPANY, AND GUILFORD TRANSPORTATION INDUSTRIES, INC. (MEC) FAILED TO COMPLY WITH THE COMMON CARRIER OBLIGATIONS BY NOT PROVIDING RATES TO A SHIPPER WHO REQUESTED THEM; AND (2) MEC WAS NOT OTHERWISE EXCUSED FROM ITS OBLIGATIONS UNDER THE STATUTE, EVEN THOUGH THE RAIL LINE AT ISSUE NEEDED SUBSTANTIAL REHABILITATION BEFORE IT COULD BE USED TO PROVIDE SERVICE TO THE SHIPPER.

    Entire Board · PEJEPSCOT INDUSTRIAL PARK, INC., D/B/A GRIMMEL INDUSTRIES--PETITION FOR DECLARATORY ORDER · decision 33015
19. 15 May 2003 FD 34236
    (1) DENIED BOLEN-BRUNSON-BELL LUMBER COMPANY, INC.'S (BBB) PETITION FOR A PARTIAL REVOCATION OF THE CLASS EXEMPTION FOR LUMBER OR WOOD PRODUCTS; AND (2) DENIED BBB'S COMPLAINT ALLEGING THAT CSXT UNLAWFULLY MAINTAINED AN EMBARGO OVER A 1.1-MILE PORTION OF ITS MIDWEST REGION, NASHVILLE DIVISION, MEMPHIS TERMINAL LINE BETWEEN MILEPOST ONI 224.0, AT MEMPHIS, AND MILEPOST ONI 222.9 EAST OF MEMPHIS, IN SHELBY COUNTY, TN.

    Entire Board · BOLEN-BRUNSON-BELL LUMBER COMPANY, INC. V. CSX TRANSPORTATION, INC. · also entered in EP 346 (Sub-No. 25) · decision 32940
20. 15 May 2003 FD 34040
    GRANTED THE PETITION OF RIVERVIEW TRENTON RAILROAD COMPANY (RTR) FOR AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 TO ACQUIRE AND OPERATE A LINE OF RAILROAD IN WAYNE COUNTY, MI, SUBJECT TO ENVIRONMENTAL AND MONITORING CONDITIONS AND THE REQUIREMENT THAT RTR DESIGNATE A COMMUNITY LIAISON.

    Entire Board · RIVERVIEW TRENTON RAILROAD COMPANY--PETITION FOR EXEMPTION FROM 49 U.S.C. 10901 TO ACQUIRE AND OPERATE A RAIL LINE IN WAYNE COUNTY, MI · decision 31864
21. 14 May 2003 AB 6 (Sub-No. 395X)
    GRANTED BNSF'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AND TO EXTEND THE DEADLINE FOR FILING OF THE NOTICE OF CONSUMMATION UNTIL OCTOBER 31, 2003.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHEROKEE COUNTY, KS, AND JASPER COUNTY, MO · decision 33553
22. 14 May 2003 AB 55 (Sub-No. 631X)
    IMPOSED THE ENVIRONMENTAL CONDITIONS RECOMMENDED BY THE SECTION OF ENVIRONMENTAL ANALYSIS IN THE ENVIRONMENTAL ASSESSMENT.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN SUMMIT COUNTY, OH · decision 33546
23. 14 May 2003 FD 34339
    PROVIDES NOTICE THAT HESR AND SGVY, BOTH OF WHICH ARE SUBSIDIARIES OF RAILAMERICA, INC., HAVE FILED A VERIFIED NOTICE OF EXEMPTION WITH RESPECT TO A PROPOSED CORPORATE RESTRUCTURING, THROUGH WHICH SGVY WILL MERGE INTO HESR, WITH HESR AS THE SURVIVING ENTITY.

    Director Of Proceedings · HURON & EASTERN RAILWAY COMPANY, INC.--CORPORATE FAMILY MERGER EXEMPTION--SAGINAW VALLEY RAILWAY COMPANY, INC. · decision 33538
24. 14 May 2003 WCC 105
    (1) DENIED A MOTION FILED BY DHX SEEKING AN ORDER DIRECTING MATSON TO SUBMIT MORE DEFINITE RESPONSES TO 50 OF THE ANSWERS THAT IT FILED TO THE AMENDED COMPLAINT; (2) GRANTED A MOTION FILED BY SL SEEKING DISMISSAL OF TWO COUNTS OF THE AMENDED COMPLAINT; AND (3) PROVIDED A 45-DAY PERIOD FOR THE PARTIES TO COMPLETE OUTSTANDING DISCOVERY MATTERS BEFORE RESTARTING THE PROCEDURAL SCHEDULE.

    Entire Board · DHX, INC. V. MATSON NAVIGATION COMPANY AND SEA-LAND SERVICE, INC. · decision 32852
25. 13 May 2003 AB 471 (Sub-No. 6X)
    EXTENDED THE NITU NEGOTIATING PERIOD TO NOVEMBER 10, 2003.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CRAWFORD COUNTY, KS · decision 33598
26. 13 May 2003 FD 34342
    GRANTED APPLICANTS' PETITION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · KANSAS CITY SOUTHERN--CONTROL--THE KANSAS CITY SOUTHERN RAILWAY COMPANY, GATEWAY EASTERN RAILWAY COMPANY, AND THE TEXAS MEXICAN RAILWAY COMPANY · decision 33560
27. 13 May 2003 FD 34293
    (1) GRANTED METRO-NORTH COMMUTER RAILROAD COMPANY'S MOTION TO DISMISS THE VERIFIED NOTICE OF EXEMPTION; AND (2) DISCONTINUED THE PROCEEDING.

    Entire Board · METRO-NORTH COMMUTER RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--LINE OF NORFOLK SOUTHERN RAILWAY COMPANY AND PENNSYLVANIA LINES LLC · decision 33443
28. 13 May 2003 FD 33740
    (1) GRANTED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (BNSF) REQUEST FOR ISSUANCE OF A CERTIFICATE PURSUANT TO 49 U.S.C. 10901; (2) ORDERED THAT, PURSUANT TO SECTION 10901(D), KEOKUK JUNCTION RAILWAY COMPANY (KJRY) MUST ALLOW BNSF TO CROSS KJRY'S LINE TO REACH THE MOOAR LINE; (3) DIRECTED THE PARTIES TO IMMEDIATELY BEGIN NEGOTIATIONS ON A NEW CROSSING AGREEMENT; AND (4) CONCLUDED THAT, IF THE PARTIES ARE UNABLE TO AGREE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS DECISION ON COMPENSATION OR OTHER CROSSING TERMS, EITHER OR BOTH PARTIES SHALL SUBMIT THE MATTERS IN DISPUTE TO THE BOARD, WHICH WILL MAKE A DETERMINATION WITHIN 120 DAYS THEREAFTER.

    Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--PETITION FOR DECLARATION OR PRESCRIPTION OF CROSSING, TRACKAGE, OR JOINT USE RIGHTS · decision 32916
29. 12 May 2003 NOR 41185
    (1) GRANTED THE MOTION FILED BNSF TO REOPEN STB DOCKET NO. 41185; (2) DENIED THE MOTION FILED BNSF FOR RETROACTIVE RELIEF; (3) REMOVED THE PRESCRIPTIVE EFFECT OF THE PRIOR RATE ORDER AND EXERCISES THE BOARD'S BROAD AUTHORITY UNDER 49 U.S.C. 721B(4) TO PREVENT IRREPARABLE HARM; AND (4) DENIED THE MOTION FILED BY ARIZONA PUBLIC SERVICE CO., TO CONSOLIDATE THIS PROCEEDING WITH DOCKET NO. 42077.

    Entire Board · ARIZONA PUBLIC SERVICE COMPANY & PACIFICORP V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · also entered in NOR 42077 · decision 33564
30. 12 May 2003 NOR 42072
    REJECTED NORFOLK SOUTHERN RAILWAY COMPANY'S NEW MATERIAL SUBMITTED WITH ITS CLOSING BRIEF.

    Entire Board · CAROLINA POWER & LIGHT COMPANY V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 33509
31. 12 May 2003 MCF 20995
    (1) APPROVED PETER PAN BUS LINE TRUST'S PURCHASE AND ACQUISITION OF DIRECT CONTROL OF FIVE MOTOR PASSENGER CARRIERS CURRENTLY CONTROLLED BY COACH USA, INC.; AND (2) REJECTED ENTERTAINMENT TOURS, INC.'S OPPOSING ARGUMENTS.

    Entire Board · PETER PAN BUS LINES TRUST--PURCHASE AND ACQUISITION OF CONTROL--ARROW LINE ACQUISITION, LLC, BONANZA ACQUISITION, LLC, MAINE LINE, LLC, PAWTUXET VALLEY, LLC, PETER PAN BOSTON, LLC, AND PETER PAN BUS LINES, INC. · decision 33387
32. 12 May 2003 AB 596
    GRANTED NEW YORK CITY ECONOMIC DEVELOPMENT CORP.'S APPLICATION, ON BEHALF OF NEW YORK CITY, REQUESTING THAT THE BOARD FIND UNDER 49 U.S.C. 10903 THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE OR PERMIT THE ADVERSE ABANDONMENT OF THE TRACKS AND FACILITIES AT THE BUSH TERMINAL YARDS AND THE FLOATBRIDGE AND RELATED TRACKS AT THE HARBORSIDE INDUSTRIAL CENTER.

    Entire Board · NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--ADVERSE ABANDONMENT--NEW YORK CROSS HARBOR RAILROAD IN BROOKLYN, NY · decision 32487