Week of 28 Apr 2008

Decisions served

1. 2 May 2008 AB 290 (Sub-No. 283X)
   DECISION GRANTED NORFOLK SOUTHERN RAILWAY'S REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT IN THIS PROCEEDING UNTIL MAY 2, 2009.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN ORANGE COUNTY, NY · decision 39012
2. 2 May 2008 AB 882
   CONCLUDED THAT THEN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · MINNESOTA COMMERCIAL RAILWAY COMPANY--ADVERSE DISCONTINUANCE--IN RAMSEY COUNTY, MN · also entered in AB 884 · decision 39008
3. 2 May 2008 FD 32187
   DECISION (1) DETERMINED THAT MISSOURI & NORTHERN ARKANSAS RAILROAD COMPANY, INC. MUST PRODUCE THE DOCUMENTS SOUGHT IN ENTERGY ARKANSAS, INC., AND ENTERGY SERVICES, INC.'S (ENTERGY) REQUEST NOS. 4 AND 5 IN THIS PROCEEDING; AND (2) DENIED AS MOOT ENTERGY'S MOTION TO COMPEL ALL OTHER REPORTS IN THIS PROCEEDING.

   Secretary · MISSOURI & NORTHERN ARKANSAS RAILROAD COMPANY, INC. - LEASE, ACQUISITION AND OPERATION EXEMPTION - MISSOURI PACIFIC RAILROAD COMPANY AND BURLINGTON NORTHERN RAILROAD COMPANY · also entered in NOR 42104 · decision 39007
4. 2 May 2008 AB 290 (Sub-No. 287X)
   DECISION: (1) GRANTED IN PART NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO FILE A NOTICE OF CONSUMMATION IN THIS PROCEEDING; AND (2) DETERMINED THAT THE AUTHORITY TO ABANDON IN THIS PROCEEDING MUST BE EXERCISED, AND THE NOTICE OF CONSUMMATION MUST BE FILED, ON OR BEFORE MAY 2, 2009.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BRUNSWICK COUNTY, VA. · decision 38998
5. 2 May 2008 AB 1067 (Sub-No. 1X)
   DECISION DENIED COOPERATIVE ELEVATOR ASSOCIATION'S PETITION TO REOPEN THIS PROCEEDING.

   Director Of Proceedings · IOWA NORTHWESTERN RAILROAD-ABANDONMENT EXEMPTION-IN OSCEOLA AND DICKINSON COUNTIES, IA · decision 38858
6. 2 May 2008 AB 6 (Sub-No. 462X)
   DECISION GRANTED A PETITION FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR BNSF RAILWAY COMPANY TO DISCONTINUE OVERHEAD TRACKAGE RIGHTS OVER A 17.8-MILE LINE OF RAILROAD OWNED BY ILLINOIS CENTRAL RAILROAD COMPANY IN COOK COUNTY, IL, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · BNSF RAILWAY COMPANY-DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION-IN COOK COUNTY, IL · decision 38736
7. 2 May 2008 FD 34997
   DECISION DENIED THE PETITION FOR DECLARATORY ORDER FILED BY JAMES RIFFIN REQUESTING THAT THE BOARD INSTITUTE A DECLARATORY ORDER PROCEEDING TO ADDRESS THE REACH OF FEDERAL PREEMPTION UNDER 49 U.S.C. 10501(B) IN CONNECTION WITH PETITIONER'S DESIRE TO PERFORM CERTAIN ACTIVITIES ALLEGEDLY RELATED TO RAIL TRANSPORTATION AT TWO SEPARATE LOCATIONS IN MARYLAND: (1) THE CONSTRUCTION AND OPERATION OF A PURPORTED MAINTENANCE-OF-WAY FACILITY LOCATED IN COCKEYSVILLE, MD; AND (2) THE PERFORMANCE OF MAINTENANCE TO REPAIR TRACK ON A LINE OF RAILROAD OWNED BY PETITIONER LOCATED IN ALLEGANY COUNTY, MD.

   Entire Board · JAMES RIFFIN-PETITION FOR DECLARATORY ORDER · decision 37951
8. 2 May 2008 AB 303 (Sub-No. 28X)
   DECISION GRANTED WISCONSIN CENTRAL LTD.'S REQUEST TO WITHDRAW ITS EXTENSION REQUEST IN THIS PROCEEDING.

   Secretary · WISCONSIN CENTRAL LTD.-ABANDONMENT EXEMPTION-IN ASHLAND COUNTY, WI · decision 37731
9. 2 May 2008 AB 563 (Sub-No. 1X)
   DECISION: (1) REOPENED THIS PROCEEDING; (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE SEPTEMBER 1999 DECISION; AND (3) DETERMINED THAT CONDITIONS 1 AND 2 IMPOSED IN THE SEPTEMBER 1999 DECISION REMAIN IN EFFECT.

   Director Of Proceedings · KANSAS EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN BUTLER AND GREENWOOD COUNTIES, KS · decision 37725
10. 1 May 2008 FD 35133
    PROVIDED NOTICE THAT MILWAUKEE INDUSTRIAL TRADE CENTER, LLC, D/B/A MILWAUKEE TERMINAL RAILWAY FILED A NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE APPROXIMATELY 2 MILES OF RAIL LINE IN MILWAUKEE, WI.

    Director Of Proceedings · MILWAUKEE INDUSTRIAL TRADE CENTER, LLC, D/B/A MILWAUKEE TERMINAL RAILWAY--ACQUISITION AND OPERATION EXEMPTION--LINE OWNED BY MILWAUKEE INDUSTRIAL TRADE CENTER, LLC, D/B/A MILWAUKEE TERMINAL RAILWAY · decision 38964
11. 1 May 2008 FD 32760
    DECISION: (1) CLARIFIES THE EXTENT OF TRACKAGE RIGHTS ACCORDED TO BNSF RAILWAY COMPANY INTERMODAL TRAINS MOVING OVER TWO LINES OF UNION PACIFIC RAILROAD COMPANY (UP) IN CALIFORNIA UNDER THE BNSF RAILWAY AGREEMENT AND THE RESTATED AND AMENDED BNSF SETTLEMENT AGREEMENT (RESTATED AGREEMENT); (2) DENIED JOHN FITZGERALD'S REQUEST FOR LABOR PROTECTION CONDITIONS ; AND (3) DENIED AS MOOT UP'S PETITION TO REFORM THE RESTATED AGREEMENT.

    Entire Board · 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 UP-SP MERGER · decision 38824
12. 1 May 2008 AB 183 (Sub-No. 4X)
    DECISION EXEMPTED FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903: (1) UNION RAILROAD COMPANY'S DISCONTINUANCE OF SERVICE OVER, AND ABANDONMENT OF, A 1.34-MILE LINE OF RAILROAD IN ALLEGHENY COUNTY, PA; AND (2) NORFOLK SOUTHERN RAILWAY COMPANY'S DISCONTINUANCE OF TRACKAGE RIGHTS OVER THE SAME LINE, SUBJECT TO STANDARD LABOR PROTECTIVE CONDITIONS.

    Entire Board · UNION RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ALLEGHENY COUNTY, PA · also entered in AB 290 (Sub-No. 301X) · decision 38818
13. 30 Apr 2008 AB 55 (Sub-No. 684X)
    DECISION (1) REOPENED THIS PROCEEDING; (2) EXTENDED THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO JUNE 22, 2008; AND (3) EXTENDED THE CONSUMMATION NOTICE FILING DEADLINE UNTIL AUGUST 21, 2008.

    Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN SHELBY COUNTY, TENN. · decision 38995
14. 30 Apr 2008 FD 32023 (Sub-No. 1)
    PROVIDED NOTICE THAT THE DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION AGREED TO MODIFY AN EXISTING TRACKAGE RIGHTS AGREEMENT TO GRANT OVERHEAD TRACKAGE RIGHTS TO BNSF RAILWAY COMPANY, A DISTANCE OF APPROXIMATELY 3.5 MILES, IN YALE, SD.

    Director Of Proceedings · BNSF RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION · decision 38980
15. 30 Apr 2008 FD 35120
    DECISION GRANTED A MOTION FOR PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · PRO-GO CORP.-OPERATION EXEMPTION-IN SUFFOLK COUNTY, NY · decision 38958
16. 30 Apr 2008 AB 325 (Sub-No. 4X)
    DECISION REOPENED THIS PROCEEDING AND DETERMINED THAT THE EXEMPTION OF THE ABANDONMENT OF THE RAIL LINE DESCRIBED AND COVERED BY THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON APRIL 1, 2008, IS SUBJECT TO CERTAIN CONDITIONS THAT FLORIDA MIDLAND RAILROAD COMPANY, INC. SHALL FOLLOW.

    Director Of Proceedings · FLORIDA MIDLAND RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN SUMTER COUNTY, FL · decision 38942
17. 30 Apr 2008 AB 6 (Sub-No. 461X)
    DECISION GRANTED A PETITION FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR BNSF RAILWAY COMPANY TO ABANDON A 0.56-MILE LINE OF RAILROAD IN MARION COUNTY, MO, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN MARION COUNTY, MO · decision 38726
18. 29 Apr 2008 FD 35121
    DECISION (1) GRANTED BURLINGTON SHORTLINE RAILROAD, INC., D/B/A THE BURLINGTON JUNCTION RAILWAY'S REQUEST TO WITHDRAW ITS NOTICE OF EXEMPTION IN THIS PROCEEDING; AND (2) DISCONTINUED THIS PROCEEDING.

    Secretary · BURLINGTON SHORTLINE RAILROAD, INC., D/B/A BURLINGTON JUNCTION RAILWAY--ACQUISITION AND OPERATION EXEMPTION--BNSF RAILWAY COMPANY · decision 38987
19. 29 Apr 2008 AB 303 (Sub-No. 25X)
    DECISION GRANTED THE REQUESTS IN THIS PROCEEDING TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL OCTOBER 26, 2008.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN LANGLADE, MENOMINEE AND SHAWANO COUNTIES, WIS. · decision 38977
20. 29 Apr 2008 NOR 42105
    DECISION (1) GRANTED UNION PACIFIC RAILROAD COMPANY'S MOTION FOR PROTECTIVE ORDER; AND (2) ORDERED THAT ACTION ON DAIRYLAND POWER COOPERATIVE'S REQUEST FOR A PROCEDURAL SCHEDULE AND A PROTECTIVE ORDER WILL BE HELD IN ABEYANCE, PENDING THE BOARD'S RULING ON THE MOTION TO DISMISS.

    Secretary · DAIRYLAND POWER COOPERATIVE V. UNION PACIFIC RAILROAD COMPANY · decision 38957
21. 29 Apr 2008 AB 6 (Sub-No. 458X)
    DECISION REOPENED THIS PROCEEDING AND REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE OCTOBER 2007 DECISION.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN LOGAN COUNTY, CO · decision 38945
22. 29 Apr 2008 FD 35129
    DECISION GRANTED THE REQUEST OF SSP RAILROAD HOLDING LLC (SSP) FOR A WAIVER OF THE REQUIREMENT OF 49 CFR 1150.32(E) TO PERMIT THE EXEMPTION IT IS SEEKING TO BECOME EFFECTIVE WITHOUT SSP PROVIDING THE FULL 60-DAY ADVANCE NOTICE TO EMPLOYEES WHO MAY BE AFFECTED BY SSP'S PLANNED ACQUISITION AND OPERATION OF CERTAIN LINES OF RAILROAD AND TO THE NATIONAL OFFICE OF THE EMPLOYEES' LABOR UNION.

    Entire Board · SSP RAILROAD HOLDING LLC--ACQUISITION AND OPERATION EXEMPTION--MITTAL STEEL USA-RAILWAYS INC. · decision 38937
23. 28 Apr 2008 FD 35087
    DECISION PROVIDED NOTICE OF AVAILABILITY OF THE FINAL SCOPE OF STUDY FOR THE ENVIRONMENTAL IMPACT STATEMENT.

    Chief Of Section Of Environmental Analysis · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 39005
24. 28 Apr 2008 FD 35087
    PROVIDED NOTICE TO THE PARTIES OF A CORRECTION TO THE FINAL SCOPE OF STUDY FOR THE ENVIRONMENTAL IMPACT STATEMENT IN THIS PROCEEDING.

    Chief Of Section Of Environmental Analysis · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 39004
25. 28 Apr 2008 AB 33 (Sub-No. 260X)
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A PETITION TO ABANDON A 3.45-MILE PORTION OF ITS MILLARD INDUSTRIAL LEAD IN DOUGLAS AND SARPY COUNTIES, NE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN DOUGLAS AND SARPY COUNTIES, NEB. · decision 38952
26. 28 Apr 2008 AB 398 (Sub-No. 8X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · SAN JOAQUIN VALLEY RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN TULARE COUNTY, CA · decision 38853
27. 28 Apr 2008 AB 556 (Sub-No. 2X)
    DECISION AFFIRMED THE TENTATIVE CONCLUSION FIRST REACHED IN A DECISION SERVED ON FEBRUARY 15, 2007, THAT THE COLUMBIANA COUNTY PORT AUTHORITY IS NOT REQUIRED TO REFUND TO RAILROAD VENTURES, INC., ANY PORTION OF THE $375,000 SET-ASIDE FUND, WHICH THE BOARD CREATED FROM THE PROCEEDS OF THE FORCED SALE OF THE LINE AT ISSUE IN THIS CASE.

    Entire Board · RAILROAD VENTURES, INC.--ABANDONMENT EXEMPTION--BETWEEN YOUNGSTOWN, OH, AND DARLINGTON, PA, IN MAHONING AND COLUMBIANA COUNTIES, OH, AND BEAVER COUNTY, PA · decision 38386