Week of 3 Nov 2003

Decisions served

1. 7 Nov 2003 FD 33740
   GRANTED THE PARTIES' JOINT REQUEST TO TERMINATE AND DISCONTINUE THESE PROCEEDINGS.

   Secretary · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--PETITION FOR DECLARATION OR PRESCRIPTION OF CROSSING, TRACKAGE, OR JOINT USE RIGHTS · also entered in FD 33740 (Sub-No. 1) · decision 34174
2. 7 Nov 2003 FD 34305
   NOTICE OF AVAILABILITY OF ENVIRONMENTAL ASSESSMENT AND REQUEST FOR COMMENTS.

   Chief Of Section Of Environmental Analysis · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--MERCED COUNTY, CA · decision 34141
3. 7 Nov 2003 FD 34406
   GRANTED UP'S REQUEST TO VACATE THE NOTICE OF EXEMPTION SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON SEPTEMBER 25, 2003.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34138
4. 7 Nov 2003 AB 254 (Sub-No. 7X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · PROVIDENCE AND WORCESTER RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WORCESTER COUNTY, MA, AND WINDHAM COUNTY, CT · decision 34130
5. 7 Nov 2003 FD 33388 (Sub-No. 94)
   AUTHORIZED CSX CORPORATION (CSXC) AND CSX TRANSPORTATION, INC., (CSXT), AND ALL OTHER ENTITIES WHOLLY OWNED (DIRECTLY OR INDIRECTLY) BY CSXC, NORFOLK SOUTHERN CORPORATION (NSC) AND NORFOLK SOUTHERN RAILWAY COMPANY (NSR), AND ALL OTHER ENTITIES WHOLLY OWNED (DIRECTLY OR INDIRECTLY) BY NSC, CONRAIL INC. (CRR), AND CONSOLIDATED RAIL CORPORATION, AND ALL OTHER ENTITIES WHOLLY OWNED (DIRECTLY OR INDIRECTLY) BY CRR TO CARRY OUT A 'SUPPLEMENTAL TRANSACTION' THAT INVOLVES (A) THE CONSOLIDATION OF THE BUSINESS, ASSETS, AND OPERATIONS OF NEW YORK CENTRAL LINES LLC WITHIN CSXT, AND (B) THE CONSOLIDATION OF THE BUSINESS, ASSETS, AND OPERATIONS OF PENNSYLVANIA LINES LLC WITHIN NSR, INCLUDING (WITH RESPECT TO EACH SUCH CONSOLIDATION) THE INTERMEDIATE AND RELATED TRANSACTIONS DESCRIBED IN GREAT DETAIL IN DECISION NO. 1 (SERVED JULY 9, 2003, AND PUBLISHED AT 68 FR 42159 ON JULY 16, 2003).

   Entire Board · 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 34100
6. 7 Nov 2003 FD 34305
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--CONSTRUCTION AND OPERATION EXEMPTION--MERCED COUNTY, CA · decision 34055
7. 7 Nov 2003 FD 33989
   GRANTED IN PART THE PETITION OF MAINE CENTRAL RAILROAD, COMPANY, SPRINGFIELD TERMINAL RAILWAY COMPANY, AND GUILFORD TRANSPORTATION INDUSTRIES, INC. ( COLLECTIVELY, GUILFORD) FOR RECONSIDERATION OF THE DECISION IN THIS PROCEEDING SERVED MAY 15, 2003; AND (2) FOUND THAT GUILFORD WAS OBLIGATED TO PROVIDE A RATE FOR THE TRANSPORTATION OF AUTOMOBILE SHREDDER RESIDUE FOLLOWING A SPECIFIC REQUEST FOR RATES FROM PEJEPSCOT INDUSTRIAL PARK, INC., D/B/A GRIMMEL INDUSTRIES ON MAY 22, 1997, AND ITS FAILURE TO DO SO RESULTED IN A VIOLATION OF ITS COMMON CARRIER OBLIGATION SHORTLY AFTER THAT DATE.

   Entire Board · PEJEPSCOT INDUSTRIAL PARK, INC., D/B/A GRIMMEL INDUSTRIES--PETITION FOR DECLARATORY ORDER · decision 33830
8. 7 Nov 2003 AB 364 (Sub-No. 7X)
   REOPENED THE PROCEEDING IN DOCKET NO. AB-102 (SUB-NO. 21X) AND REMOVED THE HISTORIC PRESERVATION CONDITION PREVIOUSLY IMPOSED ON THE ABANDONMENT OF THE LINE.

   Director Of Proceedings · THE TEXAS NORTHEASTERN DIVISION, MID-MICHIGAN RAILROAD, INC.--DISCONTINUANCE OF SERVICE EXEMPTION--IN GRAYSON COUNTY, TX · also entered in AB 102 (Sub-No. 21X) · decision 33788
9. 6 Nov 2003 AB 33 (Sub-No. 210X)
   (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON SEPTEMBER 26, 2003, EXEMPTING THE ABANDONMENT OF A 2.1-MILE LINE OF RAILROAD, KNOWN AS THE CREAMERY DRIVE AND HAYDEN ROAD IN TEMPE, MARICOPA COUNTY, AZ, TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING FOR A PERIOD OF 180 DAYS FROM THE SERVICE DATE OF THIS DECISION AND NOTICE.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARICOPA COUNTY, AZ · decision 34155
10. 6 Nov 2003 NOR 42069
    BOARD FOUND THAT THE CHALLENGED RATES HAVE NOT BEEN SHOWN TO BE UNREASONABLE UNDER THE STAND-ALONE COST RATE REASONABLENESS TEST.

    Entire Board · DUKE ENERGY CORPORATION V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 34015
11. 5 Nov 2003 AB 838
    EXTENDED THE DEADLINE FOR SUBMISSION OF PROTESTS OR WRITTEN COMMENTS RESPONSIVE TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S ABANDONMENT AND DISCONTINUANCE OF SERVICE APPLICATION UNTIL JANUARY 5, 2004.

    Secretary · EAST ST. LOUIS JUNCTION RAILROAD COMPANY--ADVERSE ABANDONMENT--IN ST. CLAIR COUNTY, IL · also entered in AB 33 (Sub-No. 199) · decision 34172
12. 5 Nov 2003 AB 156 (Sub-No. 23X)
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE JULY 8, 2003 DECISION AND NOTICE.

    Director Of Proceedings · DELAWARE AND HUDSON RAILWAY COMPANY, INC. D/B/A CANADIAN PACIFIC RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALBANY COUNTY, NY · decision 34159
13. 4 Nov 2003 FD 34335
    EXTENDED THE DUE DATE TO FILE VERIFIED REPLIES TO NOVEMBER 7, 2003.

    Secretary · KEOKUK JUNCTION RAILWAY COMPANY--FEEDER LINE ACQUISITION--LINE OF TOLEDO, PEORIA AND WESTERN RAILWAY CORPORATION BETWEEN LA HARPE AND HOLLIS, IL · decision 34180
14. 4 Nov 2003 AB 441 (Sub-No. 3X)
    GRANTED SWKR OPERATING CO. AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S. C. 10903 TO ABANDON A 19.9-MILE PORTION OF THE DOUGLAS BRANCH EXTENDING FROM MILEPOST 7.0 NEAR CURTIS, TO THE END OF THE LINE AT MILEPOST 26.9 NEAR CHARLESTON, IN COCHISE COUNTY, AZ, SUBJECT TO HISTORIC PRESERVATION AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · SWKR OPERATING CO.--ABANDONMENT EXEMPTION--IN COCHISE COUNTY, AZ · decision 34137
15. 4 Nov 2003 AB 254 (Sub-No. 7X)
    NOTICE THAT PROVIDENCE AND WORCESTER RAILROAD COMPANY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A PORTION OF ITS LINE OF RAILROAD KNOWN AS THE SOUTHBRIDGE RUNNING TRACK, EXTENDING FROM MILEPOST 0.18, IN WEBSTER, MA, TO MILEPOST 10.98, IN SOUTHBRIDGE, MA, A DISTANCE OF APPROXIMATELY 10.8 MILES, IN WORCESTER COUNTY, MA, AND WINDHAM COUNTY, CT.

    Director Of Proceedings · PROVIDENCE AND WORCESTER RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WORCESTER COUNTY, MA, AND WINDHAM COUNTY, CT · decision 34124
16. 4 Nov 2003 FD 34418
    NOTICE THAT PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT DATED JUNE 20, 2003, NORFOLK SOUTHERN RAILWAY COMPANY HAS AGREED TO GRANT TRACKAGE RIGHTS TO CSX TRANSPORTATION, INC., OVER APPROXIMATELY 21.3 MILES OF RAIL LINE IN THE CINCINNATI, OH AREA.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--TRACKAGE RIGHTS EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 34116
17. 3 Nov 2003 FD 34392
    EXTENDED CONSOLIDATED RAIL CORPORATION'S DEADLINE FOR FILING ITS REPLY TO DECEMBER 3, 2003.

    Secretary · NEW JERSEY RAIL CARRIER LLC--ACQUISITION AND OPERATION EXEMPTION--FORMER COLUMBIA TERMINALS, KEARNY, NJ · decision 34167
18. 3 Nov 2003 FD 34423
    GRANTED M&B RAILROAD, L.L.C.'S PETITION FOR WAIVER OF THE REQUIREMENTS OF 49 CFR 1150.42(E) TO PERMIT THE EXEMPTION IT IS SEEKING IN THIS PROCEEDING TO BECOME EFFECTIVE WITHOUT AWAITING THE EXPIRATION OF THE 60-DAY NOTICE PERIOD, MEASURED FROM THE DATE OF CERTIFICATION TO THE BOARD, SPECIFIED IN SECTION 1150.42(E).

    Entire Board · M & B RAILROAD, L.L.C.--ACQUISITION AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC. · decision 34156
19. 3 Nov 2003 FD 34376
    (1) ORDERED THAT THE CITY OF CREEDE, CO'S (CITY) OCTOBER 14, 2003 PLEADING WILL BE FILED IN STB DOCKET NO. AB-33 (SUB-NO. 132X) AND TREATED AS PETITION TO REOPEN THAT PROCEEDING; (2) EXTENDED THE DUE DATE FOR REPLIES TO THE CITY'S PETITION TO REOPEN THE PROCEEDING TO DECEMBER 3, 2003; AND (3) HELD THE DECLARATORY ORDER PROCEEDING IN STB FINANCE DOCKET NO. 34376 IN ABEYANCE PENDING THE DISPOSITION OF THE CITY'S PETITION TO REOPEN STB DOCKET NO. AB-33 (SUB-NO. 132X).

    Secretary · CITY OF CREEDE, CO--PETITION FOR DECLARATORY ORDER · also entered in AB 33 (Sub-No. 132X) · decision 34150
20. 3 Nov 2003 FD 34417
    NOTICE THAT BNSF, PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT ENTERED INTO BETWEEN BNSF AND UP, HAS AGREED TO GRANT LOCAL TRACKAGE RIGHTS TO UP OVER A BNSF LINE OF RAILROAD BETWEEN BNSF MILEPOST 114.5 AND BNSF MILEPOST 117.0 NEAR ENDICOTT, NE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 34117