Week of 8 Oct 2007

Decisions served

1. 12 Oct 2007 EP 673
   PROVIDED NOTICE THAT THE DECISION SERVED OCTOBER 4, 2007, IN THIS PROCEEDING SHOULD HAVE INCLUDED CHICAGO PORT RAILROAD COMPANY IN FOOTNOTE 2.

   Secretary · INFORMATION REQUIRED IN CERTAIN NOTICES OF EXEMPTION · decision 38473
2. 12 Oct 2007 FD 35036
   DECISION REOPENED THE PROCEEDING IN LIGHT OF EVIDENCE THAT CONSTRUCTION OF RAIL FACILITIES MAY BE OCCURRING ON THE PROPERTY IN YAPHANK, NY, AND DIRECTED SUFFOLK & SOUTHERN RAIL ROAD LLC, U S RAIL CORPORATION, SILL ROAD REALTY, LLC, OR ANY OTHER RELATED ENTITY INVOLVED IN THE CONTRUCTION OF RAIL FACILITIES TO CEASE ACTIVITY AND EITHER OBTAIN BOARD APPROVAL PURSUANT TO 49 U.S.C. 10901(a) OR A BOARD DECISION FINDING THAT SUCH ACTIVITY DOES NOT REQUIRE BOARD APPROVAL.

   Entire Board · SUFFOLK & SOUTHERN RAIL ROAD LLC-LEASE AND OPERATION EXEMPTION-SILLS ROAD REALTY, LLC · decision 38469
3. 12 Oct 2007 NOR 42094 (Sub-No. 1)
   DECISION GRANTED REQUEST TO SUSPEND THE PROCEDURAL SCHEDULE UNTIL OCTOBER 25, 2007.

   Secretary · PCI TRANSPORTATION, INC. V. FORT WORTH & WESTERN RAILROAD COMPANY · decision 38462
4. 12 Oct 2007 WCC 101
   DECISION DISMISSED THE COMPLAINT OF THE GOVERNMENT OF THE TERRITORY OF GUAM AND DISCONTINUED THIS PROCEEDING.

   Secretary · GOVERNMENT OF THE TERRITORY OF GUAM V. SEA-LAND SERVICE, INC., AMERICAN PRESIDENT LINES, LTD., AND MATSON NAVIGATION COMPANY, INC. · decision 38428
5. 12 Oct 2007 NOR 42052
   DECISION (1) GRANTED UNION PACIFIC'S REQUEST AND ITS PETITION FOR DECLARATORY ORDER IS DISMISSED; AND (2) TERMINATED THIS PROCEEDING.

   Secretary · UNION PACIFIC RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER--UNILATERALLY IMPOSED INTERCHANGE CHARGES · decision 38422
6. 11 Oct 2007 FD 35045
   DECISION GRANTED A JOINT MOTION TO CONTINUE TO HOLD CONSIDERATION OF THE PETITION TO REVOKE IN THESE PROCEEDINGS IN ABEYANCE FOR AN ADDITIONAL 60 DAYS, UNTIL DECEMBER 14, 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 38463
7. 10 Oct 2007 AB 854-X
   DECISION GRANTED WEST CREEK RECREATIONAL TRAIL ASSOCIATION, INC.'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL JANUARY 8, 2008.

   Director Of Proceedings · ALLEGHENY AND EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ELK AND CAMERON COUNTIES, PA · decision 38459
8. 10 Oct 2007 AB 290 (Sub-No. 250X)
   DECISION EXTENDED THE NITU NEGOTIATING PERIOD IN THIS PROCEEDING UNTIL DECEMBER 16, 2007.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHAMPAIGN COUNTY, IL · decision 38444
9. 10 Oct 2007 AB 88 (Sub-No. 12X)
   PROVIDED NOTICE THAT BESSEMER AND LAKE ERIE RAILROAD COMPANY FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON A 3.67-MILE LINE OF RAILROAD IN BUTLER COUNTY, PA.

   Director Of Proceedings · BESSEMER AND LAKE ERIE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN BUTLER COUNTY, PA · decision 38418
10. 10 Oct 2007 AB 1010
    DECISION GRANTED IN PART AND DENIED IN PART MEMPHIS COMMUNITY CONNECTOR'S PETITION SEEKING EXEMPTIONS FROM SEVERAL STATUTORY PROVISIONS AND WAIVERS OF CERTAIN REGULATIONS IN CONNECTION WITH ITS INTENDED FILING OF A THIRD-PARTY APPLICATION FOR THE ADVERSE ABANDONMENT OF AN APPROXIMATELY 13.34-MILE LINE OF RAILROAD IN SHELBY COUNTY, TN.

    Entire Board · CSX CORPORATION, INC.--ADVERSE ABANDONMENT--IN SHELBY COUNTY, TENN. · decision 38117
11. 9 Oct 2007 FD 34818
    PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.

    Secretary · CITY OF JERSEY CITY, RAILS TO TRAILS CONSERVANCY, PENNSYLVANIA RAILROAD HARSIMUS STEM EMBANKMENT PRESERVATION COALITION, AND NEW JERSEY STATE ASSEMBLYMAN LOUIS M. MANZO-PETITION FOR DECLARATORY ORDER · decision 38456
12. 9 Oct 2007 FD 34975
    DECISION GRANTED A REQUEST FOR A DECLARATORY ORDER TO CONFIRM THAT THE MARYLAND TRANSIT ADMINISTRATION'S 1990 ACQUISITION OF A LINE OF RAILROAD DID NOT REQUIRE THE AGENCY'S APPROVAL UNDER 49 U.S.C. 10901 BECAUSE COMMON CARRIER RIGHTS AND OBLIGATIONS WERE NOT TRANSFERRED BY VIRTUE OF THE ACQUISITION.

    Entire Board · MARYLAND TRANSIT ADMINISTRATION--PETITION FOR DECLARATORY ORDER · decision 38291
13. 9 Oct 2007 FD 34982
    DECISION REJECTED THE NOTICE OF EXEMPTION FILED BY JAMES RIFFIN D/B/A THE NORTHERN CENTRAL RAILROAD (NCR) AS INCOMPLETE. ALSO, THIS DECISION DENIED NCR'S MOTION FOR DETERMINATION.

    Entire Board · JAMES RIFFIN D/B/A THE NORTHERN CENTRAL RAILROAD-ACQUISITION AND OPERATION EXEMPTION-IN BALTIMORE CITY, MD · decision 38270
14. 9 Oct 2007 FD 30186
    DECISION APPROVED TONGUE RIVER RAILROAD COMPANY, INC.'S APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A 17.3-MILE LINE IN ROSEBUD AND BIG HORN COUNTIES, MT. THE BOARD ALSO MODIFIED THE ENVIRONMENTAL CONDITIONS IMPOSED ON EARLIER APPROVALS FOR THE CONSTRUCTION AND OPERATION OF 89 MILES OF RAIL LINE BETWEEN MILES CITY AND ASHLAND, MT, AND THE EXTENSION OF THAT LINE FROM ASHLAND TO DECKER, MT, VIA THE 41-MILE FOUR MILE CREEK ALTERNATIVE ROUTE.

    Entire Board · TONGUE RIVER RAILROAD COMPANY, INC.--RAIL CONSTRUCTION AND OPERATION--IN CUSTER, POWDER RIVER AND ROSEBUD COUNTIES, MONT. · also entered in FD 30186 (Sub-No. 2), FD 30186 (Sub-No. 3) · decision 36956