Week of 11 Feb 2008

Decisions served

1. 15 Feb 2008 AB 1000 (Sub-No. 1X)
   DECISION (1) REOPENED THIS PROCEEDING; (2) VACATED TO A CERTAIN EXTENT THE DECISION SERVED ON DECEMBER 21, 2007, IN THIS PROCEEDING; (3) ESTABLISHED THE EFFECTIVE DATE OF THE EXEMPTION; AND (4) EXTENDED THE PREVIOUSLY IMPOSED PUBLIC USE AND TRAIL USE CONDITIONS UNTIL AUGUST 13, 2008.

   Director Of Proceedings · GEORGIA SOUTHWESTERN RAILROAD, INC.-ABANDONMENT AND DISCONTINUANCE EXEMPTION-IN HARRIS AND MERIWETHER COUNTIES, GA · decision 38807
2. 15 Feb 2008 AB 33 (Sub-No. 259X)
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A PETITION FOR EXEMPTION TO ABANDON OVER 0.3 MILES OF RAIL LINE IN LOS ANGELES COUNTY, CA.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN LOS ANGELES COUNTY, CA · decision 38766
3. 15 Feb 2008 AB 33 (Sub-No. 253X)
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON AN 8.3-MILE LINE OF RAILROAD KNOWN AS THE CHESTERVILLE INDUSTRIAL LEAD, IN COLORADO AND WHARTON COUNTIES, TX.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COLORADO AND WHARTON COUNTIES, TX · decision 38765
4. 15 Feb 2008 AB 33 (Sub-No. 245X)
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 1.21-MILE RAIL LINE, KNOWN AS THE PORT ARTHUR INDUSTRIAL LEAD, IN JEFFERSON COUNTY, TX.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN JEFFERSON COUNTY, TX · decision 38764
5. 15 Feb 2008 AB 33 (Sub-No. 244X)
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 1.52-MILE LINE OF RAILROAD KNOWN AS THE SINTON INDUSTRIAL LEAD IN SAN PATRICIO COUNTY, TX.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SAN PATRICIO COUNTY, TX · decision 38762
6. 15 Feb 2008 AB 303 (Sub-No. 30X)
   PROVIDED NOTICE THAT WISCONSIN CENTRAL LTD. FILED A NOTICE OF EXEMPTION TO ABANDON A 1.16-MILE LINE OF RAILROAD IN MANITOWOC COUNTY, WI.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN MANITOWOC COUNTY, WI · decision 38761
7. 15 Feb 2008 AB 364 (Sub-No. 12X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · MID-MICHIGAN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN KENT AND IONIA COUNTIES, MI · decision 38668
8. 15 Feb 2008 AB 6 (Sub-No. 450X)
   DECISION REOPENED THIS PROCEEDING AND REMOVED THE TWO CONDITIONS IMPOSED IN THE SEPTEMBER 2007 DECISION.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CLAY COUNTY, MO · decision 38615
9. 14 Feb 2008 FD 32760 (Sub-No. 45)
   DECISION GRANTED UNION PACIFIC RAILROAD COMPANY'S MOTION FOR AN EXTENSION OF TIME TO FILE AN APPEAL TO THE ARBITRATION AWARD ISSUED IN THIS PROCEEDING UNTIL FEBRUARY 22, 2008.

   Secretary · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY · decision 38812
10. 14 Feb 2008 FD 35045
    DECISION GRANTED THE MOTION TO CONTINUE TO HOLD CONSIDERATION OF THE PETITION TO REVOKE IN THESE PROCEEDINGS IN ABEYANCE UNTIL APRIL 14, 2008.

    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 38811
11. 14 Feb 2008 AB 838
    DECISION GRANTED THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S REQUEST FOR LEAVE TO WITHDRAW THESE APPLICATIONS AND DISCONTINUED THESE PROCEEDINGS.

    Secretary · EAST ST. LOUIS JUNCTION RAILROAD COMPANY--ADVERSE ABANDONMENT--IN ST. CLAIR COUNTY, IL · also entered in AB 33 (Sub-No. 199) · decision 38809
12. 14 Feb 2008 FD 35057
    PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.

    Secretary · TOWN OF BABYLON AND PINELAWN CEMETERY--PETITION FOR DECLARATORY ORDER · decision 38806
13. 14 Feb 2008 FD 35118
    PROVIDED NOTICE THAT PATRIOT RAIL, LLC AND ITS SUBSIDIARIES, PATRIOT RAIL HOLDINGS LLC, AND PATRIOT RAIL CORP. JOINTLY FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF SACRAMENTO VALLEY RAILROAD, INC. (SAVR), UPON SAVR'S BECOMING A CLASS III RAIL CARRIER.

    Director Of Proceedings · PATRIOT RAIL, LLC, PATRIOT RAIL HOLDINGS LLC, AND PATRIOT RAIL CORP.-- CONTINUANCE IN CONTROL EXEMPTION--SACRAMENTO VALLEY RAILROAD, INC. · decision 38768
14. 14 Feb 2008 FD 35117
    PROVIDED NOTICE THAT SACRAMENTO VALLEY RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO OPERATE OVER AN APPROXIMATELY 7-MILE LINE OF UNMARKED RAILROAD WITHIN MCCLELLAN BUSINESS PARK, IN MCCLELLAN, SACRAMENTO COUNTY, CALIFORNIA.

    Director Of Proceedings · SACRAMENTO VALLEY RAILROAD, INC.-OPERATION EXEMPTION-MCCLELLAN BUSINESS PARK LLC · decision 38767
15. 14 Feb 2008 FD 34960
    DECISION: (1) DENIED THE PETITION FILED BY THE CITY OF SOUTH BEND, IN, THE SISTERS OF THE HOLY CROSS, INC., AND THE BROTHERS OF HOLY CROSS, INC. TO REVOKE OR REJECT THE NOTICE OF EXEMPTION IN THIS PROCEEDING; AND (2) VACATES AN EARLIER STAY OF THE EFFECTIVE DATE OF THIS EXEMPTION.

    Entire Board · THE CHICAGO, LAKE SHORE AND SOUTH BEND RAILWAY COMPANY-ACQUISITION AND OPERATION EXEMPTION-NORFOLK SOUTHERN RAILWAY COMPANY · decision 37901
16. 14 Feb 2008 AB 290 (Sub-No. 286)
    DECISION DENIED AN APPLICATION FILED BY THE CITY OF SOUTH BEND, IN, THE BROTHERS OF HOLY CROSS, INC., AND THE SISTERS OF THE HOLY CROSS, INC. TO REQUIRE OR PERMIT THE ADVERSE ABANDONMENT OF TWO NORFOLK SOUTHERN RAILWAY COMPANY RAIL LINES IN ST. JOSEPH COUNTY, IN.

    Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--ADVERSE ABANDONMENT--ST. JOSEPH COUNTY, IND. · decision 37729
17. 13 Feb 2008 EP 670 (Sub-No. 1)
    PROVIDED NOTICE THAT A MEETING OF THE RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE WILL BE HELD ON MARCH 6, 2008.

    Secretary · NOTICE OF RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE MEETING · decision 38808
18. 13 Feb 2008 FD 35092
    DECISION (1) DENIED UNITED TRANSPORTATION UNION'S PETITION TO REVOKE MONTGOMERY SHORT LINE LLC'S (MSL) NOTICE OF EXEMPTION TO LEASE AND OPERATE 23.5 MILES OF RAIL LINE IN SCOTT AND LESUEUR COUNTIES, MN; AND (2) DISMISSED AS MOOT THE UNITED TRANSPORTATION UNION-MINNESOTA LEGISLATIVE BOARD'S PETITION FOR STAY.

    Entire Board · PROGRESSIVE RAIL INC.--CONTINUANCE IN CONTROL EXEMPTION--MONTGOMERY SHORT LINE LLC · also entered in FD 35093 · decision 38611
19. 12 Feb 2008 AB 355 (Sub-No. 35X)
    PROVIDED NOTICE TO THE PARTIES OF A CORRECTION TO THE ENVIRONMENTAL ASSESSMENT SERVED IN THIS PROCEEDING ON FEBRUARY 1, 2008.

    Secretary · SPRINGFIELD TERMINAL RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN HARTFORD COUNTY, CT · also entered in AB 32 (Sub-No. 101X) · decision 38796
20. 12 Feb 2008 FD 35095
    DECISION PROVIDED (1) NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT; (2) NOTICE OF AVAILABILITY OF THE DRAFT SCOPE OF STUDY FOR THE ENVIRONMENTAL IMPACT STATEMENT; (3) NOTICE OF SCOPING MEETINGS; AND (4) REQUEST FOR COMMENTS ON DRAFT SCOPE.

    Chief Of Section Of Environmental Analysis · ALASKA RAILROAD CORPORATION – CONSTRUCTION AND OPERATION EXEMPTION--A RAIL LINE EXTENSION TO PORT MACKENZIE, ALASKA · decision 38793
21. 12 Feb 2008 FD 34824
    DECISION DENIED A PETITION FILED BY TRI-STATE BRICK AND STONE OF NEW YORK, INC., AND TRI-STATE TRANSPORTATION, INC. SEEKING A STAY OF THE DECISION IN THIS PROCEEDING SERVED ON DECEMBER 11, 2007.

    Commissioner · TRI-STATE BRICK AND STONE OF NEW YORK, INC., AND TRI-STATE TRANSPORTATION, INC.-PETITION FOR DECLARATORY ORDER · decision 38708
22. 12 Feb 2008 AB 303 (Sub-No. 28X)
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE APRIL 28, 2006 DECISION.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.-ABANDONMENT EXEMPTION-IN ASHLAND COUNTY, WI · decision 38695
23. 12 Feb 2008 AB 32 (Sub-No. 100)
    DECISION GRANTED IN PART AND DENIED IN PART PAN AM RAILWAYS AND ITS SUBSIDIARIES' PETITION SEEKING EXEMPTIONS FROM SEVERAL STATUTORY PROVISIONS AND WAIVERS FROM CERTAIN REGULATIONS IN CONNECTION WITH THE FILING OF AN ADVERSE DISCONTINUANCE APPLICATION IN THIS PROCEEDING.

    Entire Board · BOSTON AND MAINE CORPORATION, INC. AND SPRINGFIELD TERMINAL RAILWAY COMPANY--ADVERSE DISCONTINUANCE--NEW ENGLAND SOUTHERN RAILROAD CO., INC. · decision 38294
24. 12 Feb 2008 FD 34953
    DECISION (1) GRANTED MIDTOWN TDR VENTURES LLC'S MOTION TO DISMISS ITS VERIFIED NOTICE OF EXEMPTION TO ACQUIRE A 156-MILE RAIL LINE AND CERTAIN PROPERTIES IN NEW YORK, NY; AND (2) DISCONTINUED THIS PROCEEDING.

    Entire Board · MIDTOWN TDR VENTURES LLC-ACQUISITION EXEMPTION-AMERICAN PREMIER UNDERWRITERS, INC., THE OWASCO RIVER RAILWAY, INC., AND AMERICAN FINANCIAL GROUP, INC. · decision 37659
25. 11 Feb 2008 EP 664 (Sub-No. 1)
    DECISION PROVIDED ADVANCE NOTICE OF A PROPOSED RULEMAKING, WHICH SEEKS PUBLIC COMMENTS ON THE USE OF A MULTI-STAGE DISCOUNTED CASH FLOW MODEL TO COMPLEMENT THE USE OF THE CAPITAL ASSET PRICING MODEL IN DETERMINING THE RAILROAD INDUSTRY'S COST OF CAPITAL.

    Entire Board · USE OF A MULTI-STAGE DISCOUNTED CASH FLOW MODEL IN DETERMINING THE RAILROAD INDUSTRY'S COST OF CAPITAL · decision 38750