Week of 9 Jul 2007

Decisions served

1. 13 Jul 2007 FD 34037
   DECISION DENIED THE MOTION OF THE DICKINSON OSCEOLA RAILROAD ASSOCIATION (DORA) FOR STAY AND CLARIFICATION OF THE AGENCY'S DECISION DENYING DORA'S PETITION TO REJECT OR TO REVOKE THE NOTICE OF ACQUISITION EXEMPTION FILED IN THIS PROCEEDING.

   Commissioner · GENERAL RAILWAY CORPORATION D/B/A IOWA NORTHWESTERN RAILROAD COMPANY-- OPERATION EXEMPTION -- LINE OF DICKINSON OSCEOLA RAILROAD ASSOCIATION · also entered in FD 34867 · decision 38188
2. 13 Jul 2007 FD 35059
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. (CSXT) HAS AGREED TO GRANT LIMITED OVERHEAD TRACKAGE RIGHTS TO THE INDIANA RAIL ROAD COMPANY OVER CSXT'S LINE OF RAILROAD IN TERRE HAUTE AND SULLIVAN, IN.

   Director Of Proceedings · THE INDIANA RAIL ROAD COMPANY-TRACKAGE RIGHTS EXEMPTION-CSX TRANSPORTATION, INC. · decision 38180
3. 13 Jul 2007 FD 35058
   PROVIDED NOTICE THAT THE INDIANA RAIL ROAD COMPANY HAS AGREED TO GRANT LIMITED OVERHEAD TRACKAGE RIGHTS TO CSX TRANSPORTATION, INC. OVER A LINE OF RAILROAD, A DISTANCE OF 6.2 MILES, IN VIGO COUNTY, IN.

   Director Of Proceedings · CSX TRANSPORTATION, INC.-TRACKAGE RIGHTS EXEMPTION-THE INDIANA RAIL ROAD COMPANY · decision 38179
4. 13 Jul 2007 FD 35056
   PROVIDED NOTICE THAT JOHN C. NOLAN, PENN EASTERN RAIL LINES, INC., AND EAST PENN RAILWAYS, INC. JOINTLY HAVE FILED A NOTICE OF EXEMPTION FOR A TRANSACTION WITHIN A CORPORATE FAMILY.

   Director Of Proceedings · JOHN C. NOLAN, PENN EASTERN RAIL LINES, INC., AND EAST PENN RAILWAYS, INC.-CORPORATE FAMILY TRANSACTION EXEMPTION · decision 38169
5. 13 Jul 2007 AB 355 (Sub-No. 5X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · SPRINGFIELD TERMINAL RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN ESSEX COUNTY, MA · also entered in AB 32 (Sub-No. 53X) · decision 38139
6. 13 Jul 2007 MCF 21022
   DECISION PROVIDED NOTICE THAT THE BOARD TENTATIVELY APPROVED CALLEN HOTARD'S APPLICATION TO ACQUIRE CONTROL OF HOTARD COACHES, INC. VIA A STOCK PURCHASE BY HOTARD TRAVEL, INC., SUBJECT TO THE FILING OF OPPOSING COMMENTS.

   Entire Board · CALLEN HOTARD--ACQUISITION--HOTARD COACHES, INC. · decision 38132
7. 13 Jul 2007 MCF 21021
   DECISION PROVIDED NOTICE THAT THE BOARD TENTATIVELY APPROVED FIRSTGROUP PLC'S APPLICATION TO INDIRECTLY PURCHASE COGNISA TRANSPORTATION, INC., SUBJECT TO THE FILING OF OPPOSING COMMENTS.

   Entire Board · FIRSTGROUP PLC-ACQUISITION-COGNISA TRANSPORTATION, INC. · decision 38130
8. 13 Jul 2007 FD 34608
   DECISION DISMISSED THIS PROCEEDING WITHOUT PREJUDICE AND ALLOWED EITHER PETITIONER OR BOTH PETITIONERS TO FILE A NEW COMPLAINT.

   Entire Board · OHIO VALLEY RAILROAD COMPANY--PETITION TO RESTORE SWITCH CONNECTION AND OTHER RELIEF · decision 35888
9. 12 Jul 2007 EP 656
   PROVIDED NOTICE THAT COURT ACTIONS WERE INSTITUTED, ON OR ABOUT JUNE 29, JULY 2, JULY 3, AND JULY 6, 2007, IN THE UNITED STATES COURT OF APPEALS FOR DISTRICT OF COLUMBIA CIRCUIT, SEEKING JUDICIAL REVIEW OF THE BOARD'S DECISION IN THIS PROCEEDING.

   Secretary · MOTOR CARRIER BUREAUS--PERIODIC REVIEW PROCEEDING · also entered in EP 656 (Sub-No. 1), S5M 46 (Sub-No. 20) · decision 38187
10. 12 Jul 2007 AB 6 (Sub-No. 454X)
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 0.48-MILE LINE OF RAILROAD NEAR PORTLAND, IN MULTNOMAH COUNTY, OR.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MULTNOMAH COUNTY, OR · decision 38155
11. 11 Jul 2007 FD 35053
    DECISION REJECTED WITHOUT PREJUDICE THE NOTICE OF EXEMPTION IN THIS PROCEEDING.

    Director Of Proceedings · J.P. RAIL, INC. D/B/A SOUTHERN RAILROAD CORPORATION OF NEW JERSEY-LEASE AND OPERATION EXEMPTION-ALTERNATIVE ENERGY TECHNOLOGIES SR, LLC · decision 38168
12. 10 Jul 2007 FD 34797
    DECISION FOUND THAT NEW ENGLAND TRANSRAIL (NET), IF AUTHORIZED, WOULD BECOME A RAIL CARRIER SUBJECT TO THE BOARD'S JURISDICTION, AND THAT SOME OF NET'S PLANNED ACTIVITIES RELATED TO THE HANDLING OF CONSTRUCTION AND DEMOLITION DEBRIS WOULD EXTEND BEYOND THE SCOPE OF RAIL TRANSPORTATION AND, THEREFORE, WOULD NOT COME WITHIN FEDERAL PREEMPTION FOR MOST STATE AND LOCAL LAWS. DECISION ALSO REQUESTED EVIDENCE TO DEMONSTRATE WHY THE BOARD SHOULD AUTHORIZE NET'S PROPOSAL.

    Entire Board · NEW ENGLAND TRANSRAIL, LLC, D/B/A WILMINGTON & WOBURN TERMINAL RAILWAY--CONSTRUCTION, ACQUISITION AND OPERATION EXEMPTION-- IN WILMINGTON AND WOBURN, MASS. · decision 37471
13. 9 Jul 2007 AB 1005-X
    DECISION PROVIDED THAT THE ABANDONMENT IN THIS PROCEEDING WILL HAVE NO SIGNIFICANT EFFECTS ON THE QUALITY OF ENVIRONMENTAL OR HISTORIC PRESERVATION ISSUES.

    Director Of Proceedings · FINGER LAKES RAILWAY CORP.-ABANDONMENT EXEMPTION-IN YATES COUNTY, NY · decision 38159
14. 9 Jul 2007 AB 355 (Sub-No. 5X)
    PROVIDED NOTICE THAT BOSTON AND MAINE CORPORATION (B&M) AND SPRINGFIELD TERMINAL RAILWAY COMPANY (ST) JOINTLY FILED A NOTICE OF EXEMPTION FOR B&M TO ABANDON, AND FOR ST TO DISCONTINUE SERVICE OVER APPROXIMATELY 1.47 MILES OF RAILROAD IN ESSEX COUNTY, MA.

    Director Of Proceedings · SPRINGFIELD TERMINAL RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN ESSEX COUNTY, MA · also entered in AB 32 (Sub-No. 53X) · decision 38137
15. 9 Jul 2007 AB 999-X
    DECISION GRANTED CALDWELL COUNTY RAILROAD COMPANY'S PETITION FOR AN EXEMPTION TO DISCONTINUE SERVICE OVER ITS LINE OF RAILROAD.

    Entire Board · CALDWELL COUNTY RAILROAD COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN CALDWELL COUNTY, NC · decision 37862