SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_34505_0

Case Title:  
EAST BROOKFIELD & SPENCER RAILROAD, LLC--LEASE AND OPERATION EXEMPTION--CSX TRANSPORTATION, INC.

Decision Type:  
Notice

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
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.

    Decision Attachments


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    Full Text of Decision

34731                                  SERVICE DATE - JUNE 8, 2004

DO

FR-4915-01-P

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. Footnote

            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

Secretary