Week of 17 Dec 2007

Decisions served

1. 21 Dec 2007 AB 1000 (Sub-No. 1X)
   DECISION POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION TO PERMIT THE OFFER OF FINANCIAL ASSISTANCE PROCESS TO PROCEED.

   Director Of Proceedings · GEORGIA SOUTHWESTERN RAILROAD, INC.-ABANDONMENT AND DISCONTINUANCE EXEMPTION-IN HARRIS AND MERIWETHER COUNTIES, GA · decision 38670
2. 21 Dec 2007 FD 35091
   DECISION GRANTED PACIFIC UNIFIED RAILROAD CORPORATION'S (PURC) REQUEST TO WITHDRAW ITS NOTICE OF OPERATION EXEMPTION AND DENIED UNION PACIFIC RAILROAD COMPANY'S PETITION AS MOOT. ALSO, THIS DECISION ADDRESSES A CONCERN THAT PURC IS SEEKING AUTHORITY FOR PURPOSES OTHER THAN THE OPERATION OF A LEGITIMATE COMMON CARRIER RAILROAD.

   Entire Board · PACIFIC UNIFIED RAILROAD CORPORATION-OPERATION EXEMPTION-KAISER EAGLE MOUNTAIN RAILROAD · decision 38651
3. 21 Dec 2007 FD 35087
   PROVIDED NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT, NOTICE OF INITIATION OF THE SCOPING PROCESS, NOTICE OF OPEN HOUSE MEETINGS, AND REQUEST FOR COMMENTS.

   Chief Of Section Of Environmental Analysis · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 38646
4. 21 Dec 2007 AB 290 (Sub-No. 271X)
   DECISION TOLLED THE TIME PERIOD TO FILE AN OFFER OF FINANCIAL ASSISTANCE UNTIL MARCH 17, 2008, AND POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION UNTIL MARCH 27, 2008, IN THIS PROCEEDING.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WYOMING AND GENESEE COUNTIES, NY · decision 38645
5. 21 Dec 2007 AB 290 (Sub-No. 250X)
   DECISION GRANTED URBANA PARK DISTRICT'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL JUNE 13, 2008.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CHAMPAIGN COUNTY, IL · decision 38636
6. 21 Dec 2007 AB 290 (Sub-No. 272X)
   DECISION GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST FOR A 1-YEAR EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY OF THIS PROCEEDING.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN MCDOWELL COUNTY, WV · decision 38635
7. 21 Dec 2007 AB 290 (Sub-No. 281X)
   DECISION GRANTED THE CITY OF ALBEMARLE'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD THROUGH JUNE 9, 2008.

   Director Of Proceedings · YADKIN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN STANLY COUNTY, NC · decision 38622
8. 21 Dec 2007 AB 290 (Sub-No. 271X)
   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 WYOMING AND GENESEE COUNTIES, NY · decision 38604
9. 21 Dec 2007 AB 33 (Sub-No. 246X)
   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 WALKER COUNTY, TX · decision 38592
10. 20 Dec 2007 EP 347 (Sub-No. 2)
    PROVIDED NOTICE OF CORRECTION TO THE RSAM AND R/VC>180 CALCULATIONS IN THE DECEMBER 11, 2007 DECISION.

    Office Of Economics, Environmental Analysis And Administration · RATE GUIDELINES--NON-COAL PROCEEDINGS · decision 38655
11. 20 Dec 2007 AB 33 (Sub-No. 201X)
    DECISION GRANTED THE IOWA TRAILS COUNCIL'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO APRIL 18, 2008.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FRANKLIN COUNTY, IA · decision 38648
12. 20 Dec 2007 EP 290 (Sub-No. 5)
    DECISION PROVIDED NOTICE THAT THE FIRST QUARTER 2008 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.050, RCAF (ADJUSTED) OF 0.486, AND RCAF-5 OF 0.461 AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 38634
13. 20 Dec 2007 AB 55 (Sub-No. 684X)
    DECISION REOPENED THIS PROCEEDING AND REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE OCTOBER 2007 DECISION.

    Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN SHELBY COUNTY, TENN. · decision 38632
14. 20 Dec 2007 FD 34985
    DECISION DISMISSED HANSON AGGREGATES, INC. AND HANSON AGGREGATES WRP, INC.'S PETITION FOR INTERIM ALTERNATIVE RAIL SERVICE AND RELATED RELIEF.

    Secretary · HANSON AGGREGATES, INC. AND HANSON AGGREGATES WRP, INC.- ALTERNATIVE RAIL SERVICE-LINES OF SOUTH PLAINS SWITCHING, LTD. CO. · decision 38630
15. 20 Dec 2007 AB 1014
    DECISION GRANTED A MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · DENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATION--ADVERSE ABANDONMENT--IN MINERAL COUNTY, CO · decision 38609
16. 20 Dec 2007 FD 34890
    DECISION (1) GRANTED PYCO INDUSTRIES, INC.'S REQUEST TO WITHDRAW ITS PETITION FOR RECONSIDERATION; AND (2) DISMISSED AS MOOT THE PETITIONS FOR RECONSIDERATION FILED BY FLOYD TRUCKING COMPANY AND WEST TEXAS & LUBBOCK RAILWAY COMPANY, INC.

    Secretary · PYCO INDUSTRIES, INC.-FEEDER LINE APPLICATION-LINES OF SOUTH PLAINS SWITCHING, LTD. CO. · also entered in FD 34922 · decision 38581
17. 20 Dec 2007 AB 565 (Sub-No. 1X)
    DECISION GRANTED THE REQUESTS TO EXTEND THE NITU NEGOTIATING PERIOD UNTIL MAY 18, 2008, FOR THE PORTIONS OF LINES DESCRIBED IN THIS PROCEEDING AND EXTENDED THE CONSUMMATION NOTICE FILING DEADLINE TO JULY 17, 2008.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 38572
18. 20 Dec 2007 FD 35036
    DECISION DENIED A PETITION FOR RECONSIDERATION OF THE BOARD'S OCTOBER 12, 2007 DECISION IN THIS PROCEEDING, WHICH DIRECTED U S RAIL CORPORATION AND SILLS ROAD REALTY, LLC TO CEASE CONSTRUCTION ACTIVITIES IN YAPHANK, NY. IN ADDITION, THE BOARD ALSO FOUND THAT THE PETITIONERS HAVE FAILED TO SHOW MATERIAL ERROR AND THAT THEY HAVE NOT ALLEGED CHANGED CIRCUMSTANCES OR SUBMITTED ANY NEW EVIDENCE THAT WOULD WARRANT RECONSIDERATION.

    Entire Board · SUFFOLK & SOUTHERN RAIL ROAD LLC-LEASE AND OPERATION EXEMPTION-SILLS ROAD REALTY, LLC · decision 38571
19. 20 Dec 2007 NOR 42102
    DECISION (1) GRANTED THE REQUESTS FOR INSTITUTION OF DECLARATORY ORDER PROCEEDINGS; AND (2) ESTABLISHED A MODIFIED PROCEDURE FOR THIS CONSOLIDATED PROCEEDING.

    Director Of Proceedings · RAILROAD SALVAGE & RESTORATION, INC.--PETITION FOR DECLARATORY ORDER--REASONABLENESS OF DEMURRAGE CHARGES · also entered in NOR 42103 · decision 38461
20. 20 Dec 2007 NOR 42099
    DECISION DENIED CSX TRANSPORTATION, INC.'S MOTION TO DISMISS. THE BOARD ALSO FINDS THAT THE RATES CONTAINED IN THE 'PRIVATE PRICE LISTS' ARE SUBJECT TO THE BOARD'S JURISDICTION AND THAT CONSIDERATION OF THE COMPLAINTS UNDER SIMPLIFIED STANDARDS ARE APPROPRIATE.

    Entire Board · E.I. DUPONT DE NEMOURS AND COMPANY V. CSX TRANSPORTATION, INC. · also entered in NOR 42100, NOR 42101 · decision 38451
21. 20 Dec 2007 FD 34939
    DECISION DENIED THE PETITION FOR DECLARATORY ORDER FILED BY THE NORTH AMERICA FREIGHT CAR ASSOCIATION AND TWO OF ITS MEMBERS, THE ANDERSONS AND BUNGE NORTH AMERICA, INC., WHO REQUESTED THAT A PROCEEDING BE INSTITUTED TO RESOLVE CONTROVERSIES AND REMOVE UNCERTAINTIES REGARDING UNION PACIFIC RAILROAD COMPANY'S POTENTIAL VIOLATION OF 49 U.S.C. 10702, 49 U.S.C. 11121, OR 49 U.S.C. 10742.

    Entire Board · NORTH AMERICA FREIGHT CAR ASSOCIATION-PETITION FOR DECLARATORY ORDER · decision 37647
22. 19 Dec 2007 AB 1000 (Sub-No. 1X)
    DECISION DENIED KERN VALLEY RAILROAD COMPANY'S REQUEST TO TOLL THE DUE DATE FOR AN OFFER OF FINANCIAL ASSISTANCE.

    Director Of Proceedings · GEORGIA SOUTHWESTERN RAILROAD, INC.-ABANDONMENT AND DISCONTINUANCE EXEMPTION-IN HARRIS AND MERIWETHER COUNTIES, GA · decision 38650
23. 19 Dec 2007 FD 35108
    DECISION GRANTED PERMIAN BASIN RAILWAYS, INC.'S MOTION FOR A PROTECTIVE ORDER.

    Secretary · PERMIAN BASIN RAILWAYS, INC.-ACQUISITION OF CONTROL EXEMPTION-MOUNT HOOD RAILROAD · decision 38631
24. 19 Dec 2007 FD 35108
    PROVIDED NOTICE THAT PERMIAN BASIN RAILWAYS, INC. FILED A NOTICE OF EXEMPTION TO ACQUIRE CONTROL OF THE MOUNT HOOD RAILROAD (MHRR) BY PURCHASING 100% OF THE OUTSTANDING STOCK OF MHRR.

    Director Of Proceedings · PERMIAN BASIN RAILWAYS, INC.-ACQUISITION OF CONTROL EXEMPTION-MOUNT HOOD RAILROAD · decision 38612
25. 19 Dec 2007 AB 303 (Sub-No. 31X)
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) FOUND THAT THE EXEMPTION IN THIS PROCEEDING IS SUBJECT TO CERTAIN CONDITIONS.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN SAWYER COUNTY, WIS. · decision 38570
26. 19 Dec 2007 FD 34818
    DECISION DENIED A PETITION FOR RECONSIDERATION OF THE BOARD'S DECISION THAT WAS SERVED ON AUGUST 9, 2007, DETERMINING THAT CONSOLIDATED RAIL CORPORATION NEEDS PRIOR AGENCY AUTHORIZATION TO ABANDON A PORTION OF THE HARSIMUS BRANCH KNOWN AS THE SIXTH STREET EMBANKMENT, EXTENDING BETWEEN MILEPOST 1.3 NEAR LUIS MUNOZ MARIN BOULEVARD (FORMERLY HENDERSON AVENUE) AND MILEPOST 2.54 NEAR WALDO AVENUE, IN JERSEY CITY, NJ.

    Entire Board · 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 38359
27. 19 Dec 2007 FD 35039
    DECISION DENIED A PETITION FOR DECLARATORY ORDER FILED BY HORIZON LINES, LLC, SEEKING A DETERMINATION THAT CERTAIN MOVEMENTS OF SUNMAR SHIPPING, INC. AND AMERICAN SEAFOODS COMPANY LLC, BETWEEN ALASKA AND BOSTON, ON A THROUGH BILL OF LADING VIA BOTH FOREIGN-FLAG VESSELS AND CANADIAN RAIL LINES, ARE 'SHAM MOVEMENTS' DESIGNED TO CIRCUMVENT 46 U.S.C. 883 (JONES ACT) BECAUSE THEY DO NOT MEET THE REASONABLENESS STANDARD OF 49 U.S.C. 13701 AND ARE NOT THROUGH ROUTES RECOGNIZED BY THE BOARD.

    Entire Board · HORIZON LINES, LLC--PETITION FOR DECLARATORY ORDER · decision 38059
28. 18 Dec 2007 EP 664
    DECISION CLOSED THE RECORD IN THIS PROCEEDING ON THE EFFECTIVE DATE OF THIS DECISION.

    Secretary · METHODOLOGY TO BE EMPLOYED IN DETERMINING THE RAILROAD INDUSTRY'S COST OF CAPITAL · decision 38640
29. 18 Dec 2007 FD 35098
    DECISION LIFTED A HOUSEKEEPING STAY ISSUED BY THE CHAIRMAN ON NOVEMBER 30, 2007, AND ALLOWS THE CONTROL EXEMPTION IN STB FINANCE DOCKET NO. 35098 TO BECOME EFFECTIVE ON THE DATE OF SERVICE OF THE DECISION. IN ADDITION, THIS DECISION ALSO DENIED A REQUEST, FILED BY MARYLAND MIDLAND RAILWAY, INC. (MMID), FOR A WAIVER OF THE REQUIREMENTS OF 49 CFR 1150.42(E) TO PERMIT THE ACQUISITION AND OPERATION EXEMPTION IN STB FINANCE DOCKET NO. 35099 TO BECOME EFFECTIVE 30 DAYS AFTER THE POSTING OF THE ADVANCE LABOR NOTICED REQUIRED TO BE GIVEN TO EMPLOYEES WHO MAY BE AFFECTED BY MMID'S PLANNED ACQUISITION AND OPERATION OF THREE LINES OF RAILROAD AND TO THE NATIONAL OFFICES OF THE EMPLOYEES' LABOR UNIONS.

    Entire Board · GENESEE & WYOMING INC.--CONTROL EXEMPTION--MARYLAND MIDLAND RAILWAY, INC. · also entered in FD 35099 · decision 38633
30. 18 Dec 2007 AB 6 (Sub-No. 435X)
    DECISION GRANTED BNSF RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO FILE A NOTICE OF CONSUMMATION TO DECEMBER 31, 2008.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN ROCK ISLAND AND WHITESIDE COUNTIES, IL · decision 38619
31. 18 Dec 2007 FD 35109
    PROVIDED NOTICE THAT ARIZONA EASTERN RAILWAY, INC. FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM UNION PACIFIC RAILROAD COMPANY AND OPERATE A 67.7-MILE LINE OF RAILROAD KNOWN AS THE CLIFTON SUBDIVISION IN ARIZONA.

    Director Of Proceedings · ARIZONA EASTERN RAILWAY, INC.-ACQUISITION AND OPERATION EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 38613
32. 18 Dec 2007 AB 6 (Sub-No. 422X)
    DECISION GRANTED BNSF RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO FILE A NOTICE OF CONSUMMATION UNTIL DECEMBER 31, 2008.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SNOHOMISH COUNTY, WA · decision 38610
33. 18 Dec 2007 AB 290 (Sub-No. 271X)
    PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 4.50-MILE LINE OF RAILROAD IN WYOMING AND GENESEE COUNTIES, NY.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WYOMING AND GENESEE COUNTIES, NY · decision 38598
34. 17 Dec 2007 AB 33 (Sub-No. 254X)
    DECISION (1) REOPENED THIS PROCEEDING; AND REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE OCTOBER 2007 DECISION OF THIS PROCEEDING.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN RIVERSIDE COUNTY, CA · decision 38621
35. 17 Dec 2007 AB 290 (Sub-No. 287X)
    DECISION (1) GRANTED ROANOKE RIVER RAILS-TO-TRAILS, INC.'S REQUEST TO EXTEND THE INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO MAY 26, 2008; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE MAY 31, 2007 DECISION OF THIS PROCEEDING.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BRUNSWICK COUNTY, VA. · decision 38607
36. 17 Dec 2007 EP 385 (Sub-No. 6)
    PROVIDED NOTICE THAT ALL RAILROADS REQUIRED TO SUBMIT A WAYBILL SAMPLE UNDER 49 CFR PART 1244 SHALL REPORT FUEL SURCHARGE REVENUES IN THE WAYBILL FIELD 'FREIGHT REVENUE,' COLUMNS 83-91 IN THE WAYBILL FILE RECORD LAYOUT.

    Entire Board · WAYBILL SAMPLE · decision 38599
37. 17 Dec 2007 AB 364 (Sub-No. 11X)
    PROVIDED NOTICE THAT MID-MICHIGAN RAILROAD, INC. FILED A PETITION FOR EXEMPTION (1) TO ABANDON A 24.70-MILE RAIL LINE IN KENT AND MONTCALM COUNTIES, MI; AND (2) FROM OFFER OF FINANCIAL ASSISTANCE PROCEDURES.

    Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN KENT AND MONTCALM COUNTIES, MI · decision 38588
38. 17 Dec 2007 AB 55 (Sub-No. 670X)
    DECISION (1) GRANTED THE TOWN OF NATICK, MA'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO MAY 17, 2008; AND (2) GRANTED CSX TRANSPORTATION, INC.'S REQUEST TO EXTEND THE DATE TO FILE A NOTICE OF CONSUMMATION TO JULY 16, 2008.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 38566
39. 17 Dec 2007 AB 494-X
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) GRANTED THE CITY OF AKRON'S REQUEST TO VACATE THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT.

    Director Of Proceedings · AKRON BARBERTON CLUSTER RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SUMMIT COUNTY, OH · decision 38555