Week of 22 Jan 2007

Decisions served

1. 26 Jan 2007 FD 34982
   PROVIDED NOTICE THAT JAMES RIFFIN D/B/A THE NORTHERN CENTRAL RAILROAD (NCR), A CLASS III RAIL CARRIER, HAS FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.41TO ACQUIRE AND OPERATE APPROXIMATELY 2.2 MILES OF RAIL LINE FORMERLY KNOWN AS THE MARYLAND AND PENNSYLVANIA RAILROAD LINE.

   Director Of Proceedings · JAMES RIFFIN D/B/A THE NORTHERN CENTRAL RAILROAD-ACQUISITION AND OPERATION EXEMPTION-IN BALTIMORE CITY, MD · decision 37719
2. 26 Jan 2007 AB 6 (Sub-No. 432X)
   DECISION GRANTED BNSF RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO FILE THE NOTICE OF CONSUMMATION ON OR BEFORE JANUARY 26, 2008.

   Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN WALSH COUNTY, ND · decision 37713
3. 26 Jan 2007 FD 34981
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. (CSXT) HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO DELAWARE AND HUDSON RAILROAD COMPANY, INC. D/B/A CANADIAN PACIFIC RAILWAY (D&H) OVER APPROXIMATELY 7.2 MILES OF CSXT'S LINE OF RAILROAD.

   Director Of Proceedings · DELAWARE AND HUDSON RAILROAD COMPANY, INC. D/B/A CANADIAN PACIFIC RAILWAY -TRACKAGE RIGHTS EXEMPTION-CSX TRANSPORTATION, INC. · decision 37707
4. 26 Jan 2007 FD 34868
   PROVIDED NOTICE THAT KANSAS CITY SOUTHERN RAILWAY COMPANY AGREED TO GRANT COLUMBUS AND GREENVILLE RAILWAY COMPANY NONEXCLUSIVE OVERHEAD TRACKAGE RIGHTS IN COLUMBUS, MS.

   Director Of Proceedings · COLUMBUS AND GREENVILLE RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 37705
5. 26 Jan 2007 EP 661 (Sub-No. 1)
   DECISION PROVIDED NOTICE OF PROPOSED RULEMAKING ON RAIL FUEL SURCHARGE REPORTING AND REQUESTED PUBLIC COMMENT.

   Entire Board · RAIL FUEL SURCHARGES · decision 37582
6. 26 Jan 2007 AB 290 (Sub-No. 294X)
   DECISION GRANTED MR. RIFFIN'S PETITION FOR RECONSIDERATION OF THE OCTOBER 20, 2006 DECISION AND GRANTED NORFOLK SOUTHERN RAILWAY COMPANY AND CSX TRANSPORTATION, INC. AUTHORITY TO DISCONTINUE SERVICE OVER THE LINE OF SUBJECT IN THIS PROCEEDING.

   Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY-DISCONTINUANCE EXEMPTION--IN MERCER COUNTY, NJ · also entered in AB 55 (Sub-No. 676X), AB 167 (Sub-No. 1185X) · decision 37543
7. 26 Jan 2007 AB 33 (Sub-No. 230X)
   DECISION GRANTED UNION PACIFIC RAILROAD COMPANY'S PETITION FOR EXEMPTION TO ABANDON TWO LINES IN LASSEN COUNTY, CA, AND WASHOE COUNTY, NV, SUBJECT TO ENVIRONMENTAL CONDITIONS, STANDARD EMPLOYEE PROTECTIVE CONDITIONS, AND A HISTORIC PRESERVATION CONDITION.

   Entire Board · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN LASSEN COUNTY, CA, AND WASHOE COUNTY, NV · decision 37435
8. 26 Jan 2007 EP 661
   DIRECTED THE RAILROADS TO CONFORM THEIR PRACTICES TO THE FINDINGS CONTAINED IN THIS DECISION.

   Entire Board · RAIL FUEL SURCHARGES · decision 37341
9. 26 Jan 2007 NOR 42060 (Sub-No. 1)
   DECISION DENIED THE NORTH AMERICA FREIGHT CAR ASSOCIATION AND 10 OF ITS MEMBERS' (TOGETHER, COMPLAINANTS) COMPLAINT, WHICH CHALLENGED TARIFF PROVISION OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, NOW BNSF RAILWAY COMPANY.

   Entire Board · NORTH AMERICA FREIGHT CAR ASSOCIATION, ET AL. V. BNSF RAILWAY COMPANY · decision 36657
10. 26 Jan 2007 AB 1040-X
    DECISION (1) DENIED A PETITION TO REJECT THE NOTICE OF EXEMPTION FILED BY BNSF RAILWAY COMPANY (BNSF); (2) GRANTED THE PETITIONERS REQUEST TO REJECT STILLWATER CENTRAL RAILROAD, INC.'S (SLWC) NOTICE OF EXEMPTION; AND (3) GRANTED SLWC AN EXEMPTION PERMITTING IT TO DISCONTINUE SERVICE OVER PORTIONS OF THE LINE IT LEASES FROM BNSF.

    Entire Board · STILLWATER CENTRAL RAILROAD, INC.--DISCONTINUANCE OF SERVICE EXEMPTION--IN OKLAHOMA COUNTY, OK · also entered in AB 6 (Sub-No. 430X) · decision 36628
11. 25 Jan 2007 AB 565 (Sub-No. 10X)
    DECISION GRANTED AN EXTENSION OF THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD TO JULY 13, 2007, AND EXTENDED THE CONSUMMATION NOTICE FILING DEADLINE UNTIL SEPTEMBER 11, 2007.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN WORCESTER COUNTY, MA · decision 37712
12. 25 Jan 2007 AB 55 (Sub-No. 603X)
    DECISION GRANTED AN EXTENSION OF THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD TO JULY 13, 2007, AND EXTENDED THE TIME TO EXERCISE ABANDONMENT AUTHORITY TO SEPTEMBER 11, 2007.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WEBSTER COUNTY, WV · decision 37711
13. 25 Jan 2007 FD 34981
    DECISION GRANTED DELAWARE AND HUDSON RAILROAD COMPANY, INC., D/B/A CANADIAN PACIFIC RAILWAY'S MOTION FOR PROTECTIVE ORDER, ADOPTED THE PROTECTIVE ORDER AND UNDERTAKINGS IN THE APPENDIX, AND ORDERED THE UNREDACTED TRACKAGE RIGHTS AGREEMENT TO BE KEPT UNDER SEAL.

    Secretary · DELAWARE AND HUDSON RAILROAD COMPANY, INC. D/B/A CANADIAN PACIFIC RAILWAY -TRACKAGE RIGHTS EXEMPTION-CSX TRANSPORTATION, INC. · decision 37708
14. 25 Jan 2007 AB 1000-X
    PROVIDED NOTICE THAT GEORGIA SOUTHWESTERN RAILROAD, INC., FILED AN EXEMPTION TO ABANDON A 4.54-MILE LINE OF RAILROAD EXTENDING FROM MILEPOST H-334.46, AT EUFAULA, TO MILEPOST H-339.00, NEAR EUFAULA, IN BARBOUR COUNTY, AL.

    Director Of Proceedings · GEORGIA SOUTHWESTERN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN BARBOUR COUNTY, AL · decision 37687
15. 25 Jan 2007 AB 997-X
    PROVIDED NOTICE THAT THE NORFOLK SOUTHERN RAILWAY COMPANY(NSR) AND WESTERN TENNESSEE RAILROAD COMPANY (WTNN), HAVE JOINTLY FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F, FOR NSR TO ABANDON, AND FOR WTNN TO DISCONTINUE SERVICE AND OPERATING RIGHTS OVER A .25-MILE LINE OF RAILROAD EXTENDING BETWEEN MILEPOSTS(OLD) C 471.00 AND (OLD) C 471.25 IN JACKSON, MADISON COUNTY, TN.

    Director Of Proceedings · WESTERN TENNESSEE RAILROAD-DISCONTINUANCE OF SERVICE-IN MADISON COUNTY, TN · also entered in AB 290 (Sub-No. 277X) · decision 37686
16. 25 Jan 2007 AB 998-X
    DECISION EXEMPTS TIMBER ROCK RAILROAD, INC. FROM PRIOR APPROVAL REQUIREMENTS TO DISCONTINUE SERVICE, SUBJECT TO EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · TIMBER ROCK RAILROAD, INC.-DISCONTINUANCE OF SERVICE EXEMPTION-IN BURLESON, BRAZOS, GRIMES, MONTGOMERY, LIBERTY, HARDIN AND JEFFERSON COUNTIES, TX · decision 37488
17. 24 Jan 2007 AB 303 (Sub-No. 18X)
    DECISION EXTENDED THE NITU NEGOTIATING PERIOD, UNTIL JULY 24, 2007.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN POLK COUNTY, WIS. · decision 37724
18. 24 Jan 2007 AB 290 (Sub-No. 272X)
    DECISION REOPENED THIS PROCEEDING AND IMPOSED A CONDITION FOR THE ABANDONMENT EXEMPTION.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN MCDOWELL COUNTY, WV · decision 37715
19. 24 Jan 2007 FD 34890
    DECISION VOIDED SOUTH PLAINS SWITCHING, LTD. CO.'S (SAW) TRANSFER OF TRACK 269 TO CHOO CHOO PROPERTIES, INC. (CHOO CHOO), VOIDED SAW'S AND CHOO CHOO'S ATTEMPTED CANCELLATIONS OF HANSON AGGREGATES (HANSON)'S LEASE OF THAT TRACK AND ORDERED SAW TO PROVIDE RAIL SERVICE TO HANSON'S FACILITY UPON REASONABLE REQUEST.

    Entire Board · PYCO INDUSTRIES, INC.-FEEDER LINE APPLICATION-LINES OF SOUTH PLAINS SWITCHING, LTD. CO. · decision 37699
20. 24 Jan 2007 AB 167 (Sub-No. 1179X)
    DECISION EXTENDED THE EXPIRATION DATE OF EXEMPTION PREVIOUSLY GRANTED IN THIS PROCEEDING UNTIL DECEMBER 31, 2007.

    Entire Board · CONSOLIDATED RAIL CORPORATION--DISCONTINUANCE EXEMPTION--IN SUFFOLK COUNTY, MA · decision 37684
21. 23 Jan 2007 EP 646 (Sub-No. 1)
    PROVIDES NOTICE TO THE PARTIES OF AN OMISSION AND AMENDS THE LIST OF SPEAKERS ACCORDINGLY.

    Secretary · SIMPLIFIED STANDARDS FOR RAIL RATE CASES · decision 37726
22. 23 Jan 2007 AB 290 (Sub-No. 286)
    DECISION DENIED CHICAGO, LAKE SHORE AND SOUTH BEND RAILWAY COMPANY'S PETITIONS WHICH SOUGHT REJECTION OF THE NOTICE OF INTENT AND THE ADVERSE ABANDONMENT APPLICATION FILED IN THIS PROCEEDING.

    Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--ADVERSE ABANDONMENT--ST. JOSEPH COUNTY, IND. · decision 37609
23. 22 Jan 2007 EP 646 (Sub-No. 1)
    DECISION ESTABLISHED THE SCHEDULE OF SPEAKERS FOR THE HEARING IN THIS PROCEEDING.

    Secretary · SIMPLIFIED STANDARDS FOR RAIL RATE CASES · decision 37723
24. 22 Jan 2007 EP 646 (Sub-No. 1)
    DECISION ESTABLISHED THE ISSUES TO BE ADDRESSED AT THE HEARING SCHEDULED FOR JANUARY 31, 2007.

    Secretary · SIMPLIFIED STANDARDS FOR RAIL RATE CASES · decision 37722
25. 22 Jan 2007 AB 192 (Sub-No. 2X)
    DECISION REOPENED THIS PROCEEDING AND IMPOSED CONDITIONS FOR THE ABANDONMENT EXEMPTION.

    Director Of Proceedings · BIRMINGHAM SOUTHERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, AL · decision 37677