Week of 28 Jan 2008

Decisions served

1. 1 Feb 2008 FD 35081
   DECISION PROVIDED NOTICE TO THE PARTIES THAT THE SERVICE LIST HAS BE COMPILED IN THIS PROCEEDING.

   Secretary · CANADIAN PACIFIC RAILWAY COMPANY, ET AL. - CONTROL - DAKOTA, MINNESOTA & EASTERN RAILROAD CORP., ET AL. · decision 38784
2. 1 Feb 2008 AB 6 (Sub-No. 462X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A PETITION FOR EXEMPTION TO DISCONTINUE OVERHEAD TRACKAGE RIGHTS OVER A 17.8-MILE LINE OF RAILROAD OWNED BY ILLINOIS CENTRAL RAILROAD COMPANY, IN COOK COUNTY, IL.

   Director Of Proceedings · BNSF RAILWAY COMPANY-DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION-IN COOK COUNTY, IL · decision 38735
3. 1 Feb 2008 AB 355 (Sub-No. 36X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · SPRINGFIELD TERMINAL RAILWAY COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN MERRIMACK COUNTY, NH · also entered in AB 32 (Sub-No. 102X) · decision 38719
4. 1 Feb 2008 AB 355 (Sub-No. 35X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · SPRINGFIELD TERMINAL RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN HARTFORD COUNTY, CT · also entered in AB 32 (Sub-No. 101X) · decision 38715
5. 1 Feb 2008 AB 55 (Sub-No. 675X)
   DECISION (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE IN THIS PROCEEDING TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING CONDITIONS.

   Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN WARE COUNTY, GA. · decision 38638
6. 1 Feb 2008 FD 35073
   DECISION DENIED FRIENDS OF EEL RIVER'S PETITION TO REVOKE THE NOTICE OF EXEMPTION FILED BY NORTHWESTERN PACIFIC RAILROAD COMPANY, WHICH AUTHORIZED A CHANGE OF OPERATORS OVER AN APPROXIMATELY 142.2-MILE RAIL LINE IN CALIFORNIA.

   Entire Board · NORTHWESTERN PACIFIC RAILROAD COMPANY-CHANGE IN OPERATORS EXEMPTION-NORTH COAST RAILROAD AUTHORITY, SONOMA-MARIN AREA RAIL TRANSIT DISTRICT AND NORTHWESTERN PACIFIC RAILWAY CO., LLC · decision 38554
7. 1 Feb 2008 FD 35057
   DECISION GRANTED THE PETITION OF THE TOWN OF BABYLON AND PINELAWN CEMETERY (PINELAWN) FOR A DECLARATORY ORDER FINDING THAT, TO THE EXTENT THE NEW YORK AND ATLANTIC RAILWAY COMPANY HAS AUTHORIZED COASTAL DISTRIBUTION LLC TO BUILD AND OPERATE A TRANSLOAD FACILITY FOR CONSTRUCTION AND DEMOLITION DEBRIS ON PROPERTY OWNED BY PINELAWN, SUCH ACTIVITIES DO NOT QUALIFY FOR PREEMPTION UNDER 49 U.S.C. 10501(B) AND ARE THEREFORE SUBJECT TO STATE AND LOCAL REGULATION.

   Entire Board · TOWN OF BABYLON AND PINELAWN CEMETERY--PETITION FOR DECLARATORY ORDER · decision 38196
8. 1 Feb 2008 FD 33388 (Sub-No. 100)
   DECISION DENIED THE PETITION FOR CLARIFICATION SUBMITTED BY BRIDGEWATER RESOURCES, INC. AND ECDC ENVIRONMENTAL, L.L.C., REGARDING THE LIMITS OF THE NORTH JERSEY SHARED ASSETS AREA, ESTABLISHED AS PART OF THE CONRAIL CONTROL TRANSACTION AND APPROVED BY THE BOARD IN CSX CORP. ET AL. - CONTROL - CONRAIL INC. ET AL., 3 S.T.B. 196 (1998).

   Entire Board · CSX CORPORATION AND CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY-CONTROL AND OPERATING LEASES/AGREEMENTS-CONRAIL INC. AND CONSOLIDATED RAIL CORPORATION · decision 38034
9. 1 Feb 2008 FD 34842
   DECISION REJECTED THE NOTICE OF EXEMPTION IN THIS PROCEEDING.

   Director Of Proceedings · SONOMA-MARIN AREA RAIL TRANSIT DISTRICT--ACQUISITION AND OPERATION EXEMPTION--NORTHWESTERN PACIFIC RAILROAD · decision 36848
10. 31 Jan 2008 NOR 42099
    DECISION GRANTED CSX TRANSPORTATION, INC.'S MOTION FOR CLARIFICATION AND DENIED E.I. DU PONT DE NEMOURS AND COMPANY'S REQUEST FOR SANCTIONS.

    Entire Board · E.I. DUPONT DE NEMOURS AND COMPANY V. CSX TRANSPORTATION, INC. · also entered in NOR 42101 · decision 38748
11. 31 Jan 2008 AB 6 (Sub-No. 461X)
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A PETITION FOR EXEMPTION TO ABANDON A 0.56-MILE LINE OF RAILROAD IN MARION COUNTY, MO.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN MARION COUNTY, MO · decision 38725
12. 31 Jan 2008 MCF 21023
    DECISION APPROVED THE JOINT APPLICATION OF THE PROPOSED AGREEMENT BY THE INVOLVED MOTOR CARRIERS, AVERITT EXPRESS, INC., DATS TRUCKING, INC., LAKEVILLE MOTOR EXPRESS, INC., LAND AIR EXPRESS OF NEW ENGLAND, PITT OHIO EXPRESS, LLC, CANADIAN FREIGHTWAYS, AND EPIC EXPRESS, TO POOL THEIR SERVICES, TRAFFIC, AND REVENUE.

    Entire Board · AVERITT EXPRESS, INC., DATS TRUCKING, INC., LAKEVILLE MOTOR EXPRESS, INC., LAND AIR EXPRESS OF NEW ENGLAND, PITT OHIO EXPRESS, LLC, CANADIAN FREIGHTWAYS, AND EPIC EXPRESS--POOLING AGREEMENT · decision 38717
13. 30 Jan 2008 FD 35087
    DECISION PROVIDED NOTICE OF EXTENDED PUBLIC SCOPING PERIOD IN THIS PROCEEDING.

    Chief Of Section Of Environmental Analysis · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 38760
14. 29 Jan 2008 AB 1014
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · DENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATION--ADVERSE ABANDONMENT--IN MINERAL COUNTY, CO · decision 38659
15. 28 Jan 2008 AB 290 (Sub-No. 291X)
    DECISION GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S PETITION FOR EXEMPTION TO ABANDON 3.66 MILES OF RAIL LINE IN GRANT COUNTY, IN, SUBJECT TO TRAIL USE, PUBLIC USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN GRANT COUNTY, IND. · decision 38477
16. 28 Jan 2008 FD 35037
    DECISION DENIED MR. MARK LANGE'S REQUEST FOR INSTITUTION OF A DECLARATORY ORDER PROCEEDING BUT ADDRESSED THE RELEVANT COURT AND AGENCY CASE LAW IN LIGHT OF THE FACTS OF THIS CASE.

    Entire Board · MARK LANGE --PETITION FOR DECLARATORY ORDER · decision 38229