Week of 18 Jun 2007

Decisions served

1. 22 Jun 2007 AB 31 (Sub-No. 41X)
   DECISION ORDERED THAT THE ABANDONMENT OF THE INVOLVED RAIL LINE IN THIS PROCEEDING WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

   Director Of Proceedings · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ABANDONMENT EXEMPTION--IN OAKLAND COUNTY, MI · decision 38110
2. 22 Jun 2007 AB 1005-X
   DECISION (1) REOPENED THIS PROCEEDING; (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON MAY 24, 2007, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING, TO REQUIRE THAT FINGER LAKES RAILWAY CORP. (FGLK) KEEP INTACT THE RIGHT-OF-WAY, INCLUDING BRIDGES, TRESTLES, CULVERTS AND TUNNELS, UNTIL DECEMBER 20, 2007; (3) ALLOWED FGLK TO DISCONTINUE SERVICE AND SALVAGE TRACK AND RELATED MATERIALS UPON JUNE 23, 2007; AND (4) DENIED FRIENDS OF THE OUTLET, INC.'S AND THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION'S REQUESTS FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE.

   Director Of Proceedings · FINGER LAKES RAILWAY CORP.-ABANDONMENT EXEMPTION-IN YATES COUNTY, NY · decision 38086
3. 22 Jun 2007 AB 33 (Sub-No. 243X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN DEKALB COUNTY, IL · decision 38068
4. 22 Jun 2007 AB 290 (Sub-No. 283X)
   DECISION GRANTED MR. JAMES RIFFIN'S REQUEST TO TOLL THE DUE DATE FOR AN OFFER OF FINANCIAL ASSISTANCE (OFA) AND POSTPONED THE ABANDONMENT EXEMPTION IN THIS PROCEEDING UNTIL 10 DAYS AFTER THE DUE DATE FOR THE OFAs.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN ORANGE COUNTY, NY · decision 38052
5. 21 Jun 2007 AB 1010
   DECISION (1) DISMISSED CSX CORPORATION'S MOTION TO DISMISS AS MOOT; AND (2) ORDERED THAT THE DUE DATE FOR REPLIES TO THE PETITION FOR WAIVERS AND EXEMPTION IS EXTENDED UNTIL JUNE 26, 2007.

   Secretary · CSX CORPORATION, INC.--ADVERSE ABANDONMENT--IN SHELBY COUNTY, TENN. · decision 38116
6. 21 Jun 2007 FD 35031
   DECISION ACCEPTED FORTRESS INVESTMENT GROUP LLC'S APPLICATION FOR AUTHORIZATION OF ACQUISITION AND CONTROL OF FLORIDA EAST COAST RAILWAY, LLC AND ADOPTED A PROCEDURAL SCHEDULE.

   Entire Board · FORTRESS INVESTMENT GROUP LLC, ET AL.--CONTROL--FLORIDA EAST COAST RAILWAY, LLC · decision 38079
7. 21 Jun 2007 NOR 42052
   DECISION (1) DENIED UNION PACIFIC'S MOTION TO DISMISS ITS PETITION FOR DECLARATORY ORDER; AND (2) ORDERED THAT THE REMAINING INTERESTED PARTIES SHALL SUBMIT BRIEFS SUMMARIZING THEIR POSITIONS, AND SHALL APPRISE THE BOARD OF ANY NEW OR CHANGED CIRCUMSTANCES BY JULY 23, 2007.

   Secretary · UNION PACIFIC RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER--UNILATERALLY IMPOSED INTERCHANGE CHARGES · decision 37996
8. 20 Jun 2007 FD 28905 (Sub-No. 29)
   DECISION GRANTED SHEET METAL WORKERS INTERNATIONAL ASSOCIATION'S MOTION, AND PROVIDED CSX TRANSPORTATION, INC. WITH 20 DAYS FROM THE FILING DATE TO REPLY.

   Secretary · CSX CORPORATION-CONTROL-CHESSIE SYSTEM, INC. AND SEABOARD COAST LINE INDUSTRIES, INC. · decision 38112
9. 20 Jun 2007 EP 290 (Sub-No. 5)
   DECISION APPROVED THE THIRD QUARTER 2007 RAIL COST ADJUSTMENT FACTOR (RCAF) (UNADJUSTED) OF 1.197, RCAF (ADJUSTED) OF 0.558, AND RCAF-5 OF 0.531, AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 38090
10. 20 Jun 2007 FD 35018
    DECISION (1) DIRECTED ST. LAWRENCE & ATLANTIC RAILROAD COMPANY (SLR) TO SUBMIT A STATEMENT WITHIN 15 DAYS FROM THE DATE OF THE SERVICE DATE OF THIS DECISION AS TO HOW IT WILL CONTINUE TO FULFILL ITS COMMON CARRIER OBLIGATION ONCE PASSENGER OPERATIONS BEGIN AND TO EXPLAIN THE DISCREPANCY REGARDING THE PERMANENCY OF SLR'S FREIGHT EASEMENT IN THIS PROCEEDING; (2) DIRECTED SLR TO SERVE A COPY OF THIS DECISION ON ALL SHIPPERS FOR WHICH IT HAS PROVIDED SERVICE IN THE PAST TWO YEARS, AND TO CERTIFY THAT IT HAS DONE SO WITHIN 5 DAYS OF THE SERVICE DATE OF THIS DECISION; AND (3) PROVIDED THE SHIPPERS WITH 15 DAYS FROM THE SERVICE DATE OF THIS DECISION TO SUBMIT COMMENTS.

    Secretary · STATE OF MAINE-ACQUISITION EXEMPTION-CERTAIN ASSETS OF ST. LAWRENCE & ATLANTIC RAILROAD COMPANY · decision 37980
11. 20 Jun 2007 FD 34040
    DECISION (1) INSTITUTED A PROCEEDING TO CONSIDER THE ISSUES RAISED IN THIS PROCEEDING; AND (2) ORDERED THAT THIS PROCEEDING WILL BE COMPLETED BY MARCH 20, 2008.

    Secretary · RIVERVIEW TRENTON RAILROAD COMPANY--PETITION FOR EXEMPTION FROM 49 U.S.C. 10901 TO ACQUIRE AND OPERATE A RAIL LINE IN WAYNE COUNTY, MI · decision 37857
12. 19 Jun 2007 FD 35038
    DECISION GRANTED SAN JOAQUIN VALLEY RAILROAD CO.'S PETITION FOR LEAVE TO FILE A PETITION TO REJECT, AND REJECTED TULARE VALLEY RAILROAD COMPANY'S FEEDER LINE APPLICATION WITHOUT PREJUDICE TO THE FILING OF A NEW APPLICATION CONTAINING THE REQUIRED INFORMATION.

    Director Of Proceedings · TULARE VALLEY RAILROAD COMPANY-FEEDER LINE ACQUISITION-A LINE OF THE SAN JOAQUIN VALLEY RAILROAD CO. · decision 38063
13. 19 Jun 2007 FD 35002
    DECISION (1) VACATED THE STAY IN STB FINANCE DOCKET NO. 35002; (2) GRANTED UTAH SHIPPER COALITION'S REQUEST TO LEAVE TO WITHDRAW ITS PETITION FOR STAY IN STB FINANCE DOCKET NO. 35008; (3) DENIED THE REQUESTS TO CONSOLIDATE THESE PROCEEDINGS AND TO ADOPT A MODIFIED PROCEDURE SCHEDULE; AND (4) GRANTED SAVAGE BINGHAM & GARFIELD RAILROAD COMPANY'S, UNION PACIFIC RAILROAD COMPANY'S, AND UTAH TRANSIT AUTHORITY'S (TRANSACTION PARTIES') MOTION FOR PROTECTIVE ORDER.

    Secretary · SAVAGE BINGHAM & GARFIELD RAILROAD COMPANY-ACQUISITION AND OPERATION EXEMPTION-UNION PACIFIC RAILROAD COMPANY · also entered in FD 35008 · decision 37935
14. 18 Jun 2007 AB 33 (Sub-No. 243X)
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 2.3-MILE PORTION OF ITS BARBER GREENE SPUR, IN DEKALB COUNTY, IL.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN DEKALB COUNTY, IL · decision 38070