Decision 40436
Served (printed as 3/3/2011) · Decision · Entire Board
DECISION FOUND THAT THE PROVISIONS OF A TARIFF AMENDMENT BY BNSF RAILWAY COMPANY (BNSF), WHEN CONSIDERED AS A WHOLE, ARE NOT REASONABLE AND, THEREFORE, VIOLATE 49 U.S.C. § 10702. THE BOARD FOUND THAT THE DISPERSION OF COAL DUST ALONG THE BLACK HILL SUBDIVISION AND A 102-MILE LINE JOINTLY OWNED BY BNSF AND UNION PACIFIC RAILROAD COMPANY POSES A SERIOUS PROBLEM FOR OPERATIONAL INTEGRITY. IN ADDITION, THE DECISION HOLDS THAT BNSF MAY REQUIRE SHIPPERS TO TAKE REASONABLE MEASURES TO LIMIT COAL DUST DISPERSION FROM COAL TRAINS OPERATED BY BNSF OVER ITS LINES.
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