Week of 13 Aug 2007

Decisions served

1. 17 Aug 2007 AB 391 (Sub-No. 10X)
   DECISION (1) REOPENED THIS PROCEEDING; (2) GRANTED RED RIVER VALLEY & WESTERN RAILROAD COMPANY'S REQUEST TO WITHDRAW ITS NOTICE OF CONSUMMATION; AND (3) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE DECISION SERVED DECEMBER 1, 2004, IN THIS PROCEEDING.

   Director Of Proceedings · RED RIVER VALLEY & WESTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FOSTER AND WELLS COUNTIES, ND · decision 38299
2. 17 Aug 2007 FD 35067
   PROVIDED NOTICE THAT COMMONWEALTH RAILWAY INCORPORATED AGREED TO GRANT NON-EXCLUSIVE OVERHEAD TRACKAGE RIGHTS TO NORFOLK SOUTHERN RAILWAY COMPANY OVER A RAIL LINE OF APPROXIMATELY 6.60 MILES IN VIRGINIA.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-COMMONWEALTH RAILWAY INCORPORATED · decision 38282
3. 17 Aug 2007 AB 33 (Sub-No. 249X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN PLUMAS AND SIERRA COUNTIES, CA · decision 38256
4. 17 Aug 2007 AB 290 (Sub-No. 293X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN NORFOLK AND VIRGINIA BEACH, VA · decision 38243
5. 17 Aug 2007 AB 33 (Sub-No. 250X)
   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 CASS COUNTY, NE · decision 38142
6. 17 Aug 2007 AB 570 (Sub-No. 2X)
   DECISION GRANTED A PETITION FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR PALOUSE RIVER & COULEE CITY RAILROAD, INC. TO ABANDON A 0.20 -MILE LINE OF RAILROAD IN LATAH COUNTY, ID, SUBJECT TO ENVIRONMENTAL AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · PALOUSE RIVER & COULEE CITY RAILROAD, INC.-ABANDONMENT EXEMPTION-IN LATAH COUNTY, ID · decision 37961
7. 16 Aug 2007 FD 34986
   DECISION (1) REJECTED WITHOUT PREJUDICE A NOTICE OF EXEMPTION FILED BY ASHLAND RAILROAD, INC. (ASRR) TO LEASE AND OPERATE 1.5 MILES OF TRACK IN THE TOWNSHIP OF FREEHOLD, IN MONMOUTH COUNTY, NJ; AND (2) REJECTED WITHOUT PREJUDICE A RELATED NOTICE OF EXEMPTION FILED BY G. DAVID CRANE IN WHICH HE SOUGHT TO CONTINUE IN CONTROL OF ASRR UPON ITS BECOMING A CLASS III RAIL CARRIER.

   Entire Board · ASHLAND RAILROAD, INC. -LEASE AND OPERATION EXEMPTION-RAIL LINE IN MONMOUTH COUNTY, NJ · also entered in FD 34987 · decision 37959
8. 15 Aug 2007 AB 33 (Sub-No. 225X)
   DECISION (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE JUNE 1, 2005 DECISION OF THIS PROCEEDING.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CERRO GORDO COUNTY, IA · decision 38271
9. 15 Aug 2007 AB 6 (Sub-No. 450X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 1.06-MILE LINE OF RAILROAD IN CLAY COUNTY, MO.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CLAY COUNTY, MO · decision 38264
10. 15 Aug 2007 AB 33 (Sub-No. 213X)
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE OCTOBER 25, 2004 DECISION OF THIS PROCEEDING.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DALLAS COUNTY, IA · decision 38249
11. 15 Aug 2007 FD 35045
    DECISION (1) GRANTED A JOINT MOTION TO HOLD CONSIDERATION OF THE PETITION TO REVOKE IN THESE PROCEEDINGS IN ABEYANCE FOR 60 DAYS; AND (2) EXTENDED THE DUE DATE FOR WISCONSIN CENTRAL LTD., DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY, AND DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY TO REPLY TO UNITED TRANSPORTATION UNION'S PETITION TO REVOKE UNTIL OCTOBER 15, 2007.

    Secretary · DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY--AMENDED TRACKAGE RIGHTS EXEMPTION--DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY · also entered in FD 35046, FD 35047, FD 35048, FD 35049, FD 35050 · decision 38248
12. 15 Aug 2007 AB 33 (Sub-No. 200X)
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE HISTORIC PRESERVATION CONDITION IMPOSED IN THE SEPTEMBER 26, 2003 DECISION OF THIS PROCEEDING.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN AND BUTLER COUNTIES, IA · decision 38240
13. 15 Aug 2007 AB 347 (Sub-No. 3X)
    DECISION DENIED THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF GREENWAYS AND TRAILS' REQUESTS FOR A NOTICE OF INTERIM TRAIL USE.

    Director Of Proceedings · FLORIDA WEST COAST RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN ALACHUA AND GILCHRIST COUNTIES, FL · decision 38228
14. 14 Aug 2007 EP 664
    CORRECTED AN INADVERTENT ERROR IN THE DECISION SERVED ON AUGUST 14, 2007 IN THIS PROCEEDING.

    Secretary · METHODOLOGY TO BE EMPLOYED IN DETERMINING THE RAILROAD INDUSTRY'S COST OF CAPITAL · decision 38310
15. 14 Aug 2007 AB 866 (Sub-No. 1X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · NORTH CAROLINA & VIRGINIA RAILROAD COMPANY, INC., THE CHESAPEAKE AND ALBEMARLE DIVISION--DISCONTINUANCE OF SERVICE EXEMPTION--IN CHOWAN COUNTY, NC · also entered in AB 290 (Sub-No. 295X) · decision 38246
16. 14 Aug 2007 FD 35044
    DECISION GRANTED BUFFALO & PITTSBURGH RAILROAD, INC.'S PETITION FOR EXEMPTION TO LEASE AND OPERATE APPROXIMATELY 35.9 MILES OF A LINE OF RAILROAD OWNED BY NORFOLK SOUTHERN RAILWAY COMPANY, EXTENDING FROM GRAVITY TO MACHIAS, NY, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · BUFFALO & PITTSBURGH RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 38185
17. 14 Aug 2007 EP 661 (Sub-No. 1)
    DECISION PROVIDED NOTICE THAT THE BOARD IS AMENDING ITS REGULATIONS TO REQUIRE ALL CLASS I RAILROADS TO SUBMIT A QUARTERLY REPORT CONTAINING: (1) TOTAL QUARTERLY FUEL COST; (2) GALLONS OF FUEL CONSUMED DURING THE QUARTER; (3) INCREASED OR DECREASED COST OF FUEL OVER THE PREVIOUS QUARTER; (4) TOTAL QUARTERLY REVENUE FROM FUEL SURCHARGES; AND (5) REVENUE FROM FUEL SURCHARGES ON REGULATED TRAFFIC.

    Entire Board · RAIL FUEL SURCHARGES · decision 38157
18. 14 Aug 2007 EP 664
    DECISION PROVIDED NOTICE THAT THE BOARD PROPOSES TO REVISE ITS METHOD FOR CALCULATING THE RAILROAD INDUSTRY'S COST OF CAPITAL BY COMPUTING THE COST OF EQUITY USING A CAPITAL ASSET PRICING MODEL.

    Entire Board · METHODOLOGY TO BE EMPLOYED IN DETERMINING THE RAILROAD INDUSTRY'S COST OF CAPITAL · decision 37949
19. 13 Aug 2007 FD 35036
    DECISION DIRECTED SUFFOLK & SOUTHERN RAIL ROAD LLC (SUFFOLK) TO FILE THE SUPPLEMENTAL INFORMATION REQUIRED IN THE BOARD DECISION SERVED ON JUNE 1, 2007, AND DIRECTED SUFFOLK TO PROVIDE A SUBSTANTIVE REASON FOR SEEKING WITHDRAWAL IN THIS PROCEEDING.

    Entire Board · SUFFOLK & SOUTHERN RAIL ROAD LLC-LEASE AND OPERATION EXEMPTION-SILLS ROAD REALTY, LLC · decision 38174
20. 13 Aug 2007 FD 34915
    DECISION DENIED LINCOLN LUMBER COMPANY'S REQUEST FOR A DECLARATORY ORDER PROCEEDING.

    Director Of Proceedings · LINCOLN LUMBER COMPANY-PETITION FOR DECLARATORY ORDER-CONDEMNATION OF RAILROAD RIGHT-OF-WAY FOR A STORM SEWER · decision 37262