Week of 12 Nov 2007

Decisions served

1. 16 Nov 2007 AB 6 (Sub-No. 455X)
   DECISION REOPENED THIS PROCEEDING, RESCINDED THE JUNE 5, 2007 DECISION, AND AUTHORIZED BNSF RAILWAY COMPANY TO CONSUMMATE THE ABANDONMENT IN THIS PROCEEDING SUBJECT TO SALVAGE CONDITIONS PREVIOUSLY IMPOSED.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN STEARNS COUNTY, MN · decision 38562
2. 16 Nov 2007 FD 35036
   DECISION DENIES A PETITION TO STAY THE EFFECT OF THE OCTOBER 12, 2007 DECISION IN THIS PROCEEDING, WHICH DIRECTED PETITIONERS TO CEASE CONSTRUCTION ACTIVITIES IN YAPHANK, NY. THE DECISION FINDS THAT PETITIONERS HAVE FAILED TO SHOW THAT A STAY IS WARRANTED UNDER THE FOUR PART TEST APPLICABLE TO STAY REQUESTS.

   Commissioner · SUFFOLK & SOUTHERN RAIL ROAD LLC-LEASE AND OPERATION EXEMPTION-SILLS ROAD REALTY, LLC · decision 38553
3. 16 Nov 2007 FD 35066
   PROVIDED NOTICE THAT COLUMBIA BASIN RAILROAD COMPANY, INC. FILED A NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE APPROXIMATELY 74 MILES OF RAIL LINES IN WA AND TO ACQUIRE INCIDENTAL TRACKAGE RIGHTS FOR LOCAL OVERHEAD RAIL SERVICE OVER APPROXIMATELY 13 MILES OF RAIL LINE AT OR NEAR WARDEN, WA.

   Director Of Proceedings · COLUMBIA BASIN RAILROAD COMPANY, INC.-ACQUISITION AND OPERATION EXEMPTION-BNSF RAILWAY COMPANY AND BNSF ACQUISITION, INC. · decision 38533
4. 16 Nov 2007 AB 435 (Sub-No. 2X)
   PROVIDED NOTICE THAT WILLAMETTE VALLEY RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER AN APPROXIMATELY 48.77-MILE LINE OF RAILROAD KNOWN AS THE MILL CITY BRANCH IN OREGON.

   Director Of Proceedings · WILLAMETTE VALLEY RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN LINN COUNTY, OR · decision 38530
5. 16 Nov 2007 AB 721-X
   PROVIDED NOTICE THAT EVERETT RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER A 1.5-MILE LINE OF RAILROAD IN BLAIR COUNTY, PA.

   Director Of Proceedings · EVERETT RAILROAD COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN BLAIR COUNTY, PA · decision 38529
6. 16 Nov 2007 AB 268 (Sub-No. 16X)
   PROVIDED NOTICE THAT PORTLAND TERMINAL COMPANY (PT) AND SPRINGFIELD TERMINAL RAILWAY COMPANY (ST) JOINTLY FILED A NOTICE OF EXEMPTION FOR PT TO ABANDON, AND FOR ST TO DISCONTINUE SERVICE OVER, APPROXIMATELY 1.3 MILES OF RAILROAD IN CUMBERLAND COUNTY, ME.

   Director Of Proceedings · PORTLAND TERMINAL COMPANY --ABANDONMENT EXEMPTION--LINE IN CUMBERLAND COUNTY, ME · also entered in AB 355 (Sub-No. 34X) · decision 38521
7. 16 Nov 2007 FD 35098
   PROVIDED NOTICE THAT GENESEE & WYOMING INC. (GWI) FILED A NOTICE OF EXEMPTION TO ACQUIRE INDIRECT CONTROL OF MARYLAND MIDLAND RAILWAY, INC. (MMID), UPON CONSUMMATION OF A MERGER AGREEMENT BETWEEN GWI, MMID HOLDING INC., MMID ACQUISITION SUB INC., AND MMID.

   Director Of Proceedings · GENESEE & WYOMING INC.--CONTROL EXEMPTION--MARYLAND MIDLAND RAILWAY, INC. · decision 38511
8. 16 Nov 2007 FD 35099
   PROVIDED NOTICE THAT MARYLAND MIDLAND RAILWAY, INC. FILED A NOTICE OF EXEMPTION TO ACQUIRE, BY PURCHASE FROM THE STATE OF MARYLAND, ACTING BY AND THROUGH THE MARYLAND TRANSIT ADMINISTRATION, TWO ACTIVE RAIL LINES, TOTALING APPROXIMATELY 28 MILES, AND ACQUIRE AND OPERATE APPROXIMATELY 6 MILES OF INACTIVE RAIL LINE IN MARYLAND.

   Director Of Proceedings · MARYLAND MIDLAND RAILWAY, INC.--ACQUISITION AND OPERATION EXEMPTION--CERTAIN ASSETS OF THE MARYLAND TRANSIT ADMINISTRATION · decision 38510
9. 16 Nov 2007 AB 565 (Sub-No. 14X)
   DECISION GRANTED (1) CSX TRANSPORTATION, INC.'S (CSXT) REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL APRIL 5, 2008; AND (2) CSXT'S REQUEST TO EXTEND THE TIME TO EXERCISE ABANDONMENT AUTHORITY IN THIS PROCEEDING UNTIL JUNE 5, 2008.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MONTGOMERY AND SCHENECTADY COUNTIES, NY · decision 38484
10. 16 Nov 2007 AB 868 (Sub-No. 1X)
    DECISION GRANTED THE REQUEST TO EXTEND THE DEADLINE FOR CONSUMMATION OF ABANDONMENT UNTIL SEPTEMBER 28, 2008.

    Director Of Proceedings · MISSISSIPPI TENNESSEE HOLDINGS, LLC-ABANDONMENT EXEMPTION-IN HARDEMAN COUNTY, TN AND TIPPAH AND UNION COUNTIES, MS · decision 38465
11. 16 Nov 2007 AB 88 (Sub-No. 12X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · BESSEMER AND LAKE ERIE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN BUTLER COUNTY, PA · decision 38420
12. 15 Nov 2007 FD 35036
    DECISION GRANTED, IN PART, THE TOWN OF BROOKHAVEN'S REQUEST FOR AN EXTENSION OF TIME.

    Secretary · SUFFOLK & SOUTHERN RAIL ROAD LLC-LEASE AND OPERATION EXEMPTION-SILLS ROAD REALTY, LLC · decision 38561
13. 15 Nov 2007 FD 35102
    PROVIDED NOTICE THAT PATRIOT RAIL, LLC AND ITS SUBSIDIARIES JOINTLY HAVE FILED A NOTICE OF EXEMPTION TO ACQUIRE CONTROL OF UTAH CENTRAL RAILWAY COMPANY, PURSUANT TO A STOCK PURCHASE AGREEMENT DATED OCTOBER 29, 2007.

    Director Of Proceedings · PATRIOT RAIL, LLC, PATRIOT RAIL HOLDINGS LLC, AND PATRIOT RAIL CORP.-CONTROL EXEMPTION-UTAH CENTRAL RAILWAY COMPANY · decision 38526
14. 15 Nov 2007 AB 33 (Sub-No. 247X)
    DECISION (1) REOPENED THIS PROCEEDING; (2) GRANTED THE MALHEUR COUNTY COURT'S REQUEST FOR IMPOSITION OF A PUBLIC USE CONDITION, AS DISCUSSED IN THIS DECISION; AND (3) FOUND THAT THE NOTICE SERVED AND PUBLISHED ON OCTOBER 17, 2007, IN THIS PROCEEDING IS SUBJECT TO CERTAIN CONDITIONS.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN MALHEUR COUNTY, OR · decision 38500
15. 14 Nov 2007 AB 290 (Sub-No. 281X)
    DECISION GRANTED YADKIN RAILROAD COMPANY'S REQUEST TO EXTEND THE TIME TO CONSUMMATE THE ABANDONMENT UNTIL NOVEMBER 14, 2008.

    Director Of Proceedings · YADKIN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN STANLY COUNTY, NC · decision 38558
16. 14 Nov 2007 AB 565 (Sub-No. 7X)
    DECISION GRANTED CSX TRANSPORTATION, INC.'S REQUEST FOR AN EXTENSION OF THE NEGOTIATING PERIOD TO APRIL 12, 2008, AND ITS REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY UNTIL JUNE 11, 2008.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN SUFFOLK COUNTY, MA · decision 38482
17. 13 Nov 2007 FD 30186 (Sub-No. 3)
    PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.

    Secretary · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 38551
18. 13 Nov 2007 FD 35098
    DECISION DENIED A PETITION, FILED BY PATRIOT RAIL CORP., TO REJECT A NOTICE OF EXEMPTION TO ACQUIRE CONTROL BY GENESEE & WYOMING INC. (GWI) AND FINDS THAT GWI MEETS THE CRITERIA FOR AN EXEMPTION UNDER 49 CFR 1180.2(D)(2), INCLUDING THAT THE ACQUISITION OF CONTROL IS NOT PART OF A SERIES OF ANTICIPATED TRANSACTIONS THAT WOULD CONNECT THE RAILROADS WITH EACH OTHER OR ANY RAILROADS IN THEIR CORPORATE FAMILY.

    Entire Board · GENESEE & WYOMING INC.--CONTROL EXEMPTION--MARYLAND MIDLAND RAILWAY, INC. · decision 38547
19. 13 Nov 2007 FD 35102
    DECISION GRANTED A MOTION FOR PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · PATRIOT RAIL, LLC, PATRIOT RAIL HOLDINGS LLC, AND PATRIOT RAIL CORP.-CONTROL EXEMPTION-UTAH CENTRAL RAILWAY COMPANY · decision 38527
20. 13 Nov 2007 AB 471 (Sub-No. 1X)
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) GRANTED AMERICAN TRAILS ASSOCIATION, INC.'S REQUEST TO VACATE THE NOTICE OF INTERIM TRAIL USE/RAIL BANKING.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD, INC. -- ABANDONMENT EXEMPTION -- IN NEOSHO AND WILSON COUNTIES, KS · decision 38524
21. 13 Nov 2007 AB 471-X
    DECISION REOPENED THIS PROCEEDING AND GRANTED A REQUEST TO VACATE THE NOTICE OF INTERIM TRAIL USE SERVED ON APRIL 1, 1997, EFFECTIVE NOVEMBER 5, 2007.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN SUMNER COUNTY, KS · decision 38523
22. 13 Nov 2007 AB 471 (Sub-No. 3X)
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) GRANTED AMERICAN TRAILS ASSOCIATION, INC.'S REQUEST TO VACATE THE NOTICE OF INTERIM TRAIL USE/RAIL BANKING.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN CHEROKEE AND ALLEN COUNTIES, KS · decision 38522
23. 13 Nov 2007 AB 290 (Sub-No. 265X)
    DECISION (1) GRANTED THE CITY OF ANNISTON'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO FEBRUARY 22, 2008; (2) AND GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST TO EXTEND THE TIME TO EXERCISE THE ABANDONMENT AUTHORITY IN THIS PROCEEDING ON OR BEFORE APRIL 22, 2008.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN CALHOUN COUNTY, AL · decision 38519
24. 13 Nov 2007 AB 853 (Sub-No. 1X)
    DECISION REOPENED THIS PROCEEDING AND GRANTED A REQUEST TO VACATE THE NOTICE OF INTERIM TRAIL USE SERVED ON NOVEMBER 25, 2003, EFFECTIVE NOVEMBER 5, 2007.

    Director Of Proceedings · KANSAS & OKLAHOMA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN HODGEMAN, COMANCHE, KIOWA, AND PRATT COUNTIES, KS · decision 38515
25. 13 Nov 2007 FD 35085
    DECISION GRANTED A MOTION FOR PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · KANSAS CITY TRANSPORTATION COMPANY LLC-LEASE AND OPERATION EXEMPTION-KANSAS CITY TERMINAL RAILWAY COMPANY · decision 38503
26. 13 Nov 2007 AB 33 (Sub-No. 213X)
    DECISION GRANTED THE IOWA NATURAL HERITAGE FOUNDATION'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD THROUGH APRIL 22, 2008.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DALLAS COUNTY, IA · decision 38501