Week of 21 Jan 2008

Decisions served

1. 25 Jan 2008 AB 290 (Sub-No. 288X)
   DECISION (1) TOLLED THE TIME PERIOD FOR BP RAIL CORPORATION TO FILE AN OFFER OF FINANCIAL ASSISTANCE IN THIS PROCEEDING UNTIL MARCH 24, 2008; AND (2) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION IN THIS PROCEEDING UNTIL APRIL 2, 2008.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN BERGEN COUNTY, NJ · decision 38754
2. 25 Jan 2008 AB 364 (Sub-No. 11X)
   DECISION (1) REJECTED MID-MICHIGAN RAILROAD, INC.'S PETITION FOR EXEMPTION IN THIS PROCEEDING; AND (2) DISCONTINUED THIS PROCEEDING.

   Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN KENT AND MONTCALM COUNTIES, MI · decision 38751
3. 25 Jan 2008 FD 35087
   DECISION PROVIDED THE FINAL SERVICE LIST IN THIS PROCEEDING.

   Secretary · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 38747
4. 25 Jan 2008 AB 996-X
   DECISION TOLLED THE TIME PERIOD FOR READING ANTHRACITE COMPANY TO FILE AN OFFER OF FINANCIAL ASSISTANCE UNTIL APRIL 24, 2008, AND POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION UNTIL MAY 4, 2008.

   Director Of Proceedings · READING BLUE MOUNTAIN AND NORTHERN RAILROAD COMPANY-ABANDONMENT EXEMPTION- IN SCHUYLKILL COUNTY, PA · decision 38745
5. 25 Jan 2008 EP 542 (Sub-No. 14)
   DECISION PROVIDED NOTICE OF A CHANGE IN THE BOARD'S FILING FEES FOR CERTAIN RATE COMPLAINTS. PURSUANT TO THE CONSOLIDATED APPROPRIATIONS ACT, 2008, PUB. L. NO. 110-161, § 194, 121 STAT. 1844 (2007), THE AFFECTED FILING FEES ARE: (1) FEE FOR A FORMAL COMPLAINT FILED UNDER THE COAL RATE GUIDELINES, WHICH HAS BEEN PREVIOUSLY SET AT $178,200; AND (2) A FORMAL COMPLAINT INVOLVING RAIL MAXIMUM RATES FILED UNDER THE SIMPLIFIED-STAND- ALONE COST METHODOLOGY, WHICH HAS BEEN PREVIOUSLY SET AT $10,600. BASED ON THE LANGUAGE IN SECTION 194, THE FILING FEES FOR THESE TWO TYPES OF RATE COMPLAINTS MUST BE CAPPED AT $350 BECAUSE THE COURT FILING FEE UNDER 28 U.S.C. 1914 IS CURRENTLY SET AT $350. THUS, THE $350 FILING FEE IS MANDATORY AND EFFECTIVE THE DATE OF SERVICE.

   Entire Board · REGULATIONS GOVERNING FEES FOR SERVICES PERFORMED IN CONNECTION WITH LICENSING AND RELATED SERVICES--2007 UPDATE · decision 38734
6. 25 Jan 2008 FD 35115
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY AGREED TO GRANT NON-EXCLUSIVE OVERHEAD TRACKAGE RIGHTS TO ARIZONA EASTERN RAILWAY, INC. OVER A LINE OF RAILROAD KNOWN AS THE LORDSBURG SUBDIVISION, A DISTANCE OF APPROXIMATELY 52.12 MILES BETWEEN LORDSBURG, NM AND BOWIE, AZ.

   Director Of Proceedings · ARIZONA EASTERN RAILWAY, INC.-TRACKAGE RIGHTS EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 38729
7. 25 Jan 2008 FD 35087
   DECISION PROVIDED NOTICE THAT THE PETITIONS FOR RECONSIDERATION FILED SEPARATELY BY INDIANA HARBOR BELT RAILROAD COMPANY AND UNITED TRANSPORTATION UNION HAVE BEEN BOTH WITHDRAWN, AND DENIED REQUESTS TO RECLASSIFY THE ACQUISITION OF CONTROL OF EJ&E WEST COMPANY BY CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION AS 'SIGNIFICANT' OR TO ALTER THE PROCEDURAL SCHEDULE IN DECISION NO. 2.

   Entire Board · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 38711
8. 25 Jan 2008 AB 355 (Sub-No. 35X)
   PROVIDED NOTICE THAT BOSTON AND MAINE CORPORATION (B&M) AND SPRINGFIELD TERMINAL RAILWAY COMPANY (ST) JOINTLY HAVE FILED A NOTICE OF EXEMPTION FOR B&M TO ABANDON, AND FOR ST TO DISCONTINUE SERVICE OVER, APPROXIMATELY .73 MILES OF RAILROAD KNOWN AS THE CANAL BRANCH IN HARTFORD COUNTY, CT.

   Director Of Proceedings · SPRINGFIELD TERMINAL RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN HARTFORD COUNTY, CT · also entered in AB 32 (Sub-No. 101X) · decision 38706
9. 25 Jan 2008 AB 355 (Sub-No. 36X)
   PROVIDED NOTICE THAT BOSTON AND MAINE CORPORATION (B&M) AND SPRINGFIELD TERMINAL (ST) RAILWAY COMPANY JOINTLY HAVE FILED A NOTICE OF EXEMPTION FOR B&M TO ABANDON, AND FOR ST TO DISCONTINUE SERVICE OVER, APPROXIMATELY 0.96 MILES OF RAILROAD KNOWN AS THE CONCORD AND CLAREMONT BRANCH, IN MERRIMACK COUNTY, NH.

   Director Of Proceedings · SPRINGFIELD TERMINAL RAILWAY COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN MERRIMACK COUNTY, NH · also entered in AB 32 (Sub-No. 102X) · decision 38705
10. 25 Jan 2008 AB 6 (Sub-No. 430X)
    DECISION GRANTED BNSF RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT UNTIL JUNE 30, 2008.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN OKLAHOMA COUNTY, OKLA. · decision 38689
11. 25 Jan 2008 AB 882
    DECISION GRANTED IN PART AND DENIED IN PART THE CITY OF BRIGHTON'S (THE CITY) PETITION FOR WAIVER AND EXEMPTION OF CERTAIN ABANDONMENT APPLICATION REQUIREMENTS. THE CITY INDICATED THAT IT INTENDS TO FILE A THIRD-PARTY OR 'ADVERSE' APPLICATION FOR ABANDONMENT AND DISCONTINUANCE OF SERVICE OVER APPROXIMATELY 0.5 MILES OF RAIL LINE OWNED BY MT PROPERTIES, INC. AND OPERATED BY MINNESOTA RAILWAY COMPANY.

    Entire Board · MINNESOTA COMMERCIAL RAILWAY COMPANY--ADVERSE DISCONTINUANCE--IN RAMSEY COUNTY, MN · also entered in AB 884 · decision 38647
12. 24 Jan 2008 AB 471-X
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) GRANTED SUNFLOWER RECREATIONAL TRAILS, INC.'S REQUEST FOR A NOTICE OF INTERIM TRAIL USE OR ABANDONMENT.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN SUMNER COUNTY, KS · decision 38733
13. 24 Jan 2008 AB 471 (Sub-No. 1X)
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) GRANTED SUNFLOWER RECREATIONAL TRAILS, INC.'S REQUEST FOR A NOTICE OF INTERIM TRAIL USE OR ABANDONMENT.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD, INC. -- ABANDONMENT EXEMPTION -- IN NEOSHO AND WILSON COUNTIES, KS · decision 38732
14. 24 Jan 2008 AB 471 (Sub-No. 3X)
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) GRANTED SUNFLOWER RECREATIONAL TRAILS, INC.'S REQUEST FOR A 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 38731
15. 24 Jan 2008 AB 290 (Sub-No. 192X)
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) VACATED THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT SERVED ON MAY 28, 2004.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ANDERSON AND WOODFORD COUNTIES, KY · decision 38654
16. 23 Jan 2008 FD 35115
    DECISION GRANTED ARIZONA EASTERN RAILWAY, INC.'S MOTION FOR A PROTECTIVE ORDER.

    Secretary · ARIZONA EASTERN RAILWAY, INC.-TRACKAGE RIGHTS EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 38728
17. 23 Jan 2008 AB 876-X
    DECISION (1) REOPENED THIS PROCEEDING; (2) VACATED THE NITU SERVED ON DECEMBER 23, 2004, IN THIS PROCEEDING; AND (3) ISSUED A REPLACEMENT NITU APPLICABLE TO KENTUCKY RAILS TO TRAILS COUNCIL AS INTERIM TRAIL USER UNTIL JULY 21, 2008.

    Director Of Proceedings · R.J. CORMAN EQUIPMENT COMPANY, LLC--ABANDONMENT EXEMPTION--IN JOHNSON, MAGOFFIN AND BREATHITT COUNTIES, KY. · decision 38688
18. 23 Jan 2008 AB 33 (Sub-No. 222X)
    DECISION GRANTED THE CITY OF CAMDEN'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO JUNE 19, 2008.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN OUACHITA COUNTY, AR · decision 38680
19. 22 Jan 2008 NOR 42099
    DECISION DENIED CSX TRANSPORTATION, INC.'S PETITION TO HOLD THESE PROCEEDINGS IN ABEYANCE AND GRANTED ITS PETITION FOR CLARIFICATION.

    Entire Board · E.I. DUPONT DE NEMOURS AND COMPANY V. CSX TRANSPORTATION, INC. · also entered in NOR 42100, NOR 42101 · decision 38687