Week of 30 Jun 2008

Decisions served

1. 3 Jul 2008 FD 35045
   DECISION GRANTED THE MOTION TO CONTINUE TO HOLD CONSIDERATION OF THE PETITION TO REVOKE IN THESE PROCEEDINGS IN ABEYANCE UNTIL AUGUST 12, 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 39152
2. 3 Jul 2008 AB 290 (Sub-No. 290X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN LUCAS COUNTY, OHIO · decision 39134
3. 2 Jul 2008 AB 409 (Sub-No. 5X)
   DECISION GRANTED A MOTION FOR PROTECTIVE ORDER IN THIS PROCEEDING.

   Secretary · LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY--ABANDONMENT EXEMPTION--IN LOS ANGELES COUNTY, CA · decision 39174
4. 30 Jun 2008 NOR 42107
   DECISION GRANTED THE PETITION OF RAILROAD SALVAGE & RESTORATION, INC. AND G.F. WEIDEMAN INTERNATIONAL, INC. (COLLECTIVELY, PETITIONERS) TO ENJOIN THE MISSOURI & NORTHERN ARKANSAS RAILROAD COMPANY, INC., (MNA), FROM IMPOSING ON THE PETITIONERS A SECURITY DEPOSIT REQUIRED UNDER A NEW DEMURRAGE TARIFF ADOPTED BY MNA. THE DEPOSIT WOULD INCLUDE THE AMOUNT OF DEMURRAGE CHARGES BEING CHALLENGED BY THE SHIPPERS IN CONSOLIDATED PROCEEDINGS INSTITUTED BY THE BOARD ON DECEMBER 20, 2007, IN STB DOCKET NOS. 42102 AND 42103.

   Entire Board · RAILROAD SALVAGE & RESTORATION, INC., AND G.F. WEIDEMAN INTERNATIONAL, INC. − PETITION FOR INVESTIGATION AND FOR EMERGENCY RELIEF UNDER 49 U.S.C. 721(B)(4) − SECURITY DEPOSIT FOR DEMURRAGE CHARGES, MISSOURI & NORTHERN ARKANSAS RAILROAD COMPANY, INC. · decision 39169
5. 30 Jun 2008 FD 34992
   POST ENVIRONMENTAL ASSESSMENT RECOMMENDED MITIGATION MEASURES ON THE PROPOSED RAIL LINE CONSTRUCTION AND OPERATION IN ITASCA COUNTY, MN.

   Chief Of Section Of Environmental Analysis · ITASCA COUNTY REGIONAL RAIL AUTHORITY-PETITION FOR EXEMPTION-CONSTRUCTION OF A LINE OF RAILROAD IN ITASCA COUNTY, MN · decision 39167
6. 30 Jun 2008 FD 35106
   DECISION MODIFIED THE FINAL SERVICE LIST TO INCLUDE ADDITIONAL CHANGES SHOWN IN THE APPENDIX IN THIS PROCEEDING.

   Secretary · UNITED STATES DEPARTMENT OF ENERGY--RAIL CONSTRUCTION AND OPERATION--CALIENTE RAIL LINE IN LINCOLN, NYE, AND ESMERALDA COUNTIES, NEV. · decision 39158
7. 30 Jun 2008 AB 854-X
   DECISION GRANTED THE WEST CREEK RECREATIONAL TRAIL ASSOCIATION, INC.'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL SEPTEMBER 4, 2008.

   Director Of Proceedings · ALLEGHENY AND EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ELK AND CAMERON COUNTIES, PA · decision 39135
8. 30 Jun 2008 NOR 42101
   DECISION: (1) FINDS THAT CSX TRANSPORTATION, INC. (CSXT) HAS MARKET DOMINANCE OVER TRANSPORTATION AT ISSUE IN THIS PROCEEDING; (2) FINDS THAT THE CHALLENGED RATES ARE UNREASONABLY HIGH; AND (3) DIRECTS CSXT TO ESTABLISH NEW RATES THAT DO NOT EXCEED THE PRESCRIBED MAXIMUM REASONABLE RATES AND PAY REPARATION (WITH INTEREST) TO E.I. DU NEMOURS AND COMPANY.

   Entire Board · E.I. DUPONT DE NEMOURS AND COMPANY V. CSX TRANSPORTATION, INC. · decision 39074
9. 30 Jun 2008 NOR 42100
   DECISION: (1) FINDS THAT CSX TRANSPORTATION, INC. (CSXT) HAS MARKET DOMINANCE OVER TWO OF THE MOVEMENTS OF TRANSPORTATION AT ISSUE; (2) FINDS THAT THE CHALLENGED RATES ARE UNREASONABLY HIGH FOR THOSE MOVEMENTS; AND (3) DIRECTS CSXT TO ESTABLISH NEW RATES THAT DO NOT EXCEED THE PRESCRIBED MAXIMUM REASONABLE RATES AND PAY REPARATION (WITH INTEREST) TO E.I. DU NEMOURS AND COMPANY.

   Entire Board · E.I. DUPONT DE NEMOURS AND COMPANY V. CSX TRANSPORTATION, INC. · decision 39073
10. 30 Jun 2008 NOR 42099
    DECISION: (1) FOUND THAT THE DEFENDANT RAILROAD HAS MARKET DOMINANCE OVER THE TRANSPORTATION AT ISSUE; (2) FOUND THAT THE CHALLENGED RATES ARE UNREASONABLY HIGH; AND (3) ORDERED THE RAILROAD TO ESTABLISH NEW RATES THAT DO NOT EXCEED THE PRESCRIBED MAXIMUM REASONABLE RATES AND PAY REPARATIONS (WITH INTEREST) TO THE SHIPPER.

    Entire Board · E.I. DUPONT DE NEMOURS AND COMPANY V. CSX TRANSPORTATION, INC. · decision 39072
11. 30 Jun 2008 AB 156 (Sub-No. 26X)
    DECISION: (1) REOPENED THIS PROCEEDING; (2) GRANTED R. FREEDMAN & SON, INC.'S MOTION TO WITHDRAW ITS OFFER OF FINANCIAL ASSISTANCE (OFA) IN THIS PROCEEDING; (3) VACATED THE DECEMBER 2007 DECISION TO THE EXTENT NECESSARY TO PERMIT THE ABANDONMENT EXEMPTION IN THIS PROCEEDING TO BECOME EFFECTIVE ON JUNE 30, 2008; (4) TERMINATED THE OFA PROCESS IN THIS PROCEEDING; AND (4) DETERMINED THAT THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON JUNE 1, 2007, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED BE SUBJECT TO CERTAIN CONDITIONS THAT DELAWARE AND HUDSON RAILWAY COMPANY, INC., D/B/A CANADIAN PACIFIC RAILWAY COMPANY SHALL FOLLOW.

    Director Of Proceedings · DELAWARE AND HUDSON RAILWAY COMPANY, INC., D/B/A CANADIAN PACIFIC RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALBANY COUNTY, NY · decision 38164