|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|EAST BROOKFIELD & SPENCER RAILROAD, LLC--LEASE AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC.|
|Director Of Proceedings|
|NOTICE THAT EB&SR HAS FILED A VERIFIED NOTICE OF EXEMPTION TO LEASE, FROM CSXT, AND OPERATE APPROXIMATELY 4 MILES OF RAIL LINE IN WORCESTER COUNTY, MA.|
|Approximate download time at 28.8 kb: 7 Seconds|
If you do not have Acrobat Reader, or if you have problems reading our files with your current version of Acrobat Reader, the latest version of Acrobat Reader is available free at www.adobe.com.
|Full Text of Decision|
34731 SERVICE DATE - JUNE 8, 2004
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34505]
East Brookfield & Spencer Railroad, LLC–Lease and Operation Exemption–CSX Transportation, Inc.
East Brookfield & Spencer Railroad, LLC (EB&SR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to lease, from CSX Transportation, Inc. (CSXT), and operate approximately 4 miles of rail line. The line is a portion of CSXT’s passing track located between mileposts 60 and 64 in East Brookfield and Spencer, Worcester County, MA, together with approximately 270 feet of lead track running from the passing track at milepost 63.08 to the property line of the proposed New England Automotive Gateway Facility (Facility) in East Brookfield, MA.
EB&SR certifies that its projected revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and states that such revenues will not exceed $5 million annually. The transaction was scheduled to be consummated on May 19, 2004.
If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction.
An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34505, must be filed with the Surface Transportation Board, 1925 K Street, N.W., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Betty Jo Christian, Steptoe & Johnson, LLP, 1330 Connecticut Ave., N.W., Washington, DC 20036.
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: June 1, 2004.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams