Week of 21 Apr 2008

Decisions served

1. 25 Apr 2008 FD 35087
   PLEASE REFER TO DECISION ID 39005 SERVED APRIL 28, 2008, IN THIS PROCEEDING FOR CORRECTION.

   Chief Of Section Of Environmental Analysis · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 38996
2. 25 Apr 2008 AB 1017-X
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · WEST SHORE RAILROAD CORPORATION-ABANDONMENT EXEMPTION-IN UNION AND NORTHUMBERLAND COUNTIES, PA. · also entered in AB 1018-X · decision 38947
3. 25 Apr 2008 NOR 42094 (Sub-No. 1)
   DECISION GRANTED FORT WORTH & WESTERN RAILROAD COMPANY'S (FWWR) MOTION TO DISMISS THE COMPLAINT FILED BY PCI TRANSPORTATION, INC. CONCERNING FWWR'S ALLEGEDLY WRONGFUL ASSESSMENT OF DEMURRAGE CHARGES IN FORT WORTH, TX.

   Entire Board · PCI TRANSPORTATION, INC. V. FORT WORTH & WESTERN RAILROAD COMPANY · decision 38057
4. 24 Apr 2008 NOR 42102
   DECISION GRANTED A MOTION FOR PROTECTIVE ORDER IN THIS PROCEEDING.

   Secretary · RAILROAD SALVAGE & RESTORATION, INC.--PETITION FOR DECLARATORY ORDER--REASONABLENESS OF DEMURRAGE CHARGES · also entered in NOR 42103 · decision 39001
5. 24 Apr 2008 AB 55 (Sub-No. 659X)
   DECISION DENIED THE MOTION TO COMPEL CSX TRANSPORTATION, INC. (CSXT) TO ISSUE TO MR. JAMES RIFFIN A DEED TO AN 8.54-MILE LINE OF RAILROAD, WHICH CSXT ALREADY HAS ISSUED TO MR. RIFFIN'S CORPORATE AFFILIATE, WMS, LLC.

   Entire Board · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALLEGANY COUNTY, MD · decision 38810
6. 23 Apr 2008 AB 33 (Sub-No. 175X)
   DECISION GRANTED THE IOWA TRAILS COUNCIL'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL OCTOBER 24, 2008.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN HAMILTON COUNTY, IA · decision 38985
7. 23 Apr 2008 EP 558 (Sub-No. 11)
   DECISION INSTITUTED A PROCEEDING TO DETERMINE THE RAILROAD INDUSTRY'S COST OF CAPITAL FOR 2007. IN ADDITION, THE BOARD IS SEEKING COMMENTS ON: (1) THE RAILROADS' 2007 CURRENT COST OF DEBT CAPITAL; (2) THE RAILROADS' 2007 CURRENT COST OF PREFERRED EQUITY CAPITAL (IF ANY); (3) THE RAILROADS' 2007 COST OF COMMON EQUITY CAPITAL; AND (4) THE 2007 CAPITAL STRUCTURE MIX OF THE RAILROAD INDUSTRY ON A MARKET VALUE BASIS.

   Entire Board · RAILROAD COST OF CAPITAL - 2007 · decision 38940
8. 23 Apr 2008 FD 35087
   DECISION FOUND THAT THE SIX CONNECTING TRACKS THAT CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION PROPOSE TO CONSTRUCT AS PART OF THE TRANSACTION UNDER CONSIDERATION IN THIS PROCEEDING ARE NOT SUBJECT TO THE BOARD'S JURISDICTION UNDER 49 U.S.C. 10901.

   Entire Board · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · also entered in FD 35087 (Sub-No. 1), FD 35087 (Sub-No. 2), FD 35087 (Sub-No. 3), FD 35087 (Sub-No. 4), FD 35087 (Sub-No. 5), FD 35087 (Sub-No. 6), FD 35087 (Sub-No. 7) · decision 38927
9. 23 Apr 2008 EP 678
   DECISION ISSUED A POLICY STATEMENT CLARIFYING WHEN A RAIL CARRIER MAY CONSUMMATE ABANDONMENT AND FILE A NOTICE OF CONSUMMATION OF A RAIL LINE WHERE THE BOARD HAS IMPOSED CONDITIONS ON ITS ABANDONMENT AUTHORIZATION IN ORDER TO SATISFY THE BOARD'S RESPONSIBILITIES UNDER THE NATIONAL HISTORIC PRESERVATION ACT, 16 U.S.C. 470F, OR THE NATIONAL ENVIRONMENTAL POLICY ACT, 42 U.S.C. 4321 ET SEQ.

   Entire Board · CONSUMMATION OF RAIL LINE ABANDONMENTS THAT ARE SUBJECT TO HISTORIC PRESERVATION AND OTHER ENVIRONMENTAL CONDITIONS · decision 38903
10. 21 Apr 2008 AB 1017-X
    PROVIDED NOTICE THAT WEST SHORE RAILROAD CORPORATION (WEST SHORE) AND UNION COUNTY INDUSTRIAL RAILROAD COMPANY (UCIR) JOINTLY FILED A NOTICE OF EXEMPTION FOR: (1) WEST SHORE TO ABANDON A LINE OF RAILROAD KNOWN AS THE MIFFLINBURG BRANCH, IN NORTHUMBERLAND AND UNION COUNTIES, PA; AND (2) UCIR TO DISCONTINUE SERVICE IN UNION COUNTY BETWEEN LEWISBURG AND MIFFLINBURG, PA.

    Director Of Proceedings · WEST SHORE RAILROAD CORPORATION-ABANDONMENT EXEMPTION-IN UNION AND NORTHUMBERLAND COUNTIES, PA. · also entered in AB 1018-X · decision 38944
11. 21 Apr 2008 AB 43 (Sub-No. 183X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · ILLINOIS CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DYER COUNTY, TN · decision 38925