Week of 15 Sep 2003

Decisions served

1. 19 Sep 2003 EP 290 (Sub-No. 5)
   APPROVED THE FOURTH QUARTER 2003 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.017, RCAF (ADJUSTED) OF 0.515, AND RCAF-5 OF .490 AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 33987
2. 17 Sep 2003 AB 55 (Sub-No. 568X)
   ORDERED THAT, PENDING FURTHER ORDER OF THE BOARD, CSX TRANSPORTATION, INC. SHALL NOT CONSUMMATE THE ABANDONMENT OF THE 4TH STREET-TO-MAIN STREET SEGMENT AND SHALL TAKE NO ACTION THAT WOULD ALTER THE PRESENT STATUS OF THAT SEGMENT.

   Commissioner · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, PA · decision 34020
3. 16 Sep 2003 FD 33740
   EXTENDED, UNTIL OCTOBER 13, 2003, THE DEADLINE FOR SUBMITTING MATTERS OF DISPUTED COMPENSATION OR OTHER CROSSING TERMS TO THE BOARD FOR RESOLUTION.

   Secretary · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--PETITION FOR DECLARATION OR PRESCRIPTION OF CROSSING, TRACKAGE, OR JOINT USE RIGHTS · decision 34014
4. 16 Sep 2003 AB 565 (Sub-No. 6X)
   GRANTED NYC'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY, WHICH MUST BE EXERCISED ON OR BEFORE MARCH 25, 2004.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN SHELBY COUNTY, OH · decision 33997
5. 16 Sep 2003 AB 602-X
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · THE TECUMSEH BRANCH CONNECTING RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LENAWEE COUNTY, MI · decision 33967
6. 15 Sep 2003 AB 596
   NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT SEPTEMBER 5, 2003 BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

   Secretary · NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION--ADVERSE ABANDONMENT--NEW YORK CROSS HARBOR RAILROAD IN BROOKLYN, NY · decision 34006
7. 15 Sep 2003 FD 34079
   NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT SEPTEMBER 9, 2003 BEFORE THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.

   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 34001
8. 15 Sep 2003 AB 55 (Sub-No. 592X)
   GRANTED CSXT'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD FOR THE LINE SEGMENTS BETWEEN MILEPOSTS B-1.3 AND B-4.96, AND BETWEEN MILEPOSTS B-5.52 AND B-6.7 UNTIL MARCH 30, 2004.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN CLARK COUNTY, IN · decision 33973
9. 15 Sep 2003 FD 34393
   NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP), PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN UP AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY(BNSF), AGREED TO GRANT CERTAIN TRACKAGE RIGHTS TO BNSF IN AND NEAR SON ANTONIO, TX.

   Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 33966
10. 15 Sep 2003 AB 573-X
    REOPENED THE PROCEEDING TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING ON A PORTION OF THE LINE TO BE ABANDONED.

    Director Of Proceedings · TRINIDAD RAILWAY, INC.--ABANDONMENT EXEMPTION--IN LAS ANIMAS COUNTY, CO · decision 33918
11. 15 Sep 2003 AB 441 (Sub-No. 3X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · SWKR OPERATING CO.--ABANDONMENT EXEMPTION--IN COCHISE COUNTY, AZ · decision 33858
12. 15 Sep 2003 NOR 42083
    (1) DENIED COMPLAINANTS' REQUEST FOR ISSUANCE OF AN EMERGENCY SERVICE ORDER UNDER 49 U.S.C. 11123 AND 49 CFR PART 1146; AND (2) COMMENCED A PROCEEDING, UNDER THE MODIFIED PROCEDURES OF 49 CFR PART 1112, TO CONSIDER THE COMPLAINT OF THE MILFORD-BENNINGTON RAILROAD COMPANY, INC. AND GRANITE STATE CONCRETE CO., INC. THAT THE BOSTON AND MAINE CORPORATION, OPERATING THROUGH ITS SUBSIDIARY, THE SPRINGFIELD TERMINAL RAILROAD COMPANY, BREACHED A DUTY TO PROVIDE SERVICE OR COMMITTED UNREASONABLE PRACTICES.

    Entire Board · GRANITE STATE CONCRETE CO., INC. AND MILFORD-BENNINGTON RAILROAD COMPANY, INC. V. BOSTON AND MAINE CORPORATION AND SPRINGFIELD TERMINAL RAILWAY COMPANY · decision 33841