Week of 28 Jul 2008

Decisions served

1. 1 Aug 2008 AB 1004-X
   DECISION GRANTED ALLEGHENY VALLEY LAND TRUST'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO JANUARY 18, 2009.

   Director Of Proceedings · SHANNON TRANSPORT, INC.--ABANDONMENT EXEMPTION--IN CLARION COUNTY, PA. · decision 39250
2. 1 Aug 2008 AB 976 (Sub-No. 2X)
   DECISION GRANTED A REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD TO JANUARY 18, 2009.

   Director Of Proceedings · PITTSBURG & SHAWMUT RAILROAD, LLC--ABANDONMENT EXEMPTION--IN CLARION AND JEFFERSON COUNTIES, PA. · decision 39249
3. 1 Aug 2008 FD 35160
   PROVIDED NOTICE OF A PUBLIC HEARING CONCERNING THE ABANDONMENT AND FEEDER LINE APPLICATIONS ON AUGUST 21, 2008, AT 9:30 A.M. IN THESE RESPECTIVE PROCEEDINGS.

   Secretary · OREGON INTERNATIONAL PORT OF COOS BAY--FEEDER LINE APPLICATION--COOS BAY LINE OF THE CENTRAL OREGON & PACIFIC RAILROAD, INC. · also entered in AB 515 (Sub-No. 2) · decision 39247
4. 1 Aug 2008 AB 515 (Sub-No. 2)
   DECISION DENIED OREGON INTERNATIONAL PORT OF COOS BAY'S PETITION FOR RECONSIDERATION OF THE DECISION SERVED ON JULY 15, 2008, GRANTING A MOTION FOR PROTECTIVE ORDER FILED BY THE CENTRAL OREGON & PACIFIC RAILROAD, INC. (CORP); AND A MOTION TO HOLD THE PROCEDURAL SCHEDULE FOR THE CORP ABANDONMENT IN ABEYANCE.

   Entire Board · CENTRAL OREGON & PACIFIC RAILROAD, INC.-ABANDONMENT AND DISCONTINUANCE OF SERVICE-IN COOS, DOUGLAS, AND LANE COUNTIES, OR · decision 39245
5. 1 Aug 2008 FD 35169
   PROVIDED NOTICE THAT WATCO COMPANIES, INC. FILED A NOTICE OF EXEMPTION TO CONTINUE CONTROL OF BATON ROUGE SOUTHERN RAILROAD, LLC (BRSR), UPON BRSR'S BECOMING A CLASS III RAIL CARRIER.

   Director Of Proceedings · WATCO COMPANIES, INC.-CONTINUANCE IN CONTROL EXEMPTION-BATON ROUGE SOUTHERN RAILROAD, LLC · decision 39238
6. 1 Aug 2008 FD 35159
   PROVIDED NOTICE THAT BATON ROUGE SOUTHERN RAILROAD, LLC FILED A NOTICE OF EXEMPTION TO ACQUIRE, BY LEASE, AND TO OPERATE APPROXIMATELY 8.2 MILES OF RAIL LINE OF THE KANSAS CITY SOUTHERN RAILWAY COMPANY IN LOUISIANA.

   Director Of Proceedings · BATON ROUGE SOUTHERN RAILROAD, LLC-LEASE AND OPERATION EXEMPTION-THE KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 39237
7. 1 Aug 2008 FD 35166
   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 SIERRA & CENTRAL PACIFIC RAILROAD COMPANY, INC.

   Director Of Proceedings · PATRIOT RAIL, LLC, PATRIOT RAIL HOLDINGS LLC, AND PATRIOT RAIL CORP.–CONTINUANCE IN CONTROL EXEMPTION–SIERRA & CENTRAL PACIFIC RAILROAD COMPANY, INC. · decision 39236
8. 1 Aug 2008 FD 35165
   DECISION GRANTED A MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

   Secretary · SIERRA & CENTRAL PACIFIC RAILROAD COMPANY, INC.–ACQUISITION AND OPERATION EXEMPTION–SIERRA NORTHERN RAILWAY AND SIERRA RAILROAD COMPANY · decision 39235
9. 1 Aug 2008 FD 35165
   PROVIDED NOTICE THAT SIERRA & CENTRAL PACIFIC RAILROAD COMPANY, INC. FILED A NOTICE OF EXEMPTION TO ACQUIRE AND TO OPERATE APPROXIMATELY 80.30 MILES OF TRACK FROM SIERRA NORTHERN RAILWAY AND SIERRA RAILROAD COMPANY.

   Director Of Proceedings · SIERRA & CENTRAL PACIFIC RAILROAD COMPANY, INC.–ACQUISITION AND OPERATION EXEMPTION–SIERRA NORTHERN RAILWAY AND SIERRA RAILROAD COMPANY · decision 39234
10. 1 Aug 2008 FD 35160
    DECISION: (1) ACCEPTED THE OREGON INTERNATIONAL PORT OF COOS BAY'S FEEDER LINE APPLICATION; AND (2) ANNOUNCED A PROCEDURAL SCHEDULE IN THIS PROCEEDING.

    Director Of Proceedings · OREGON INTERNATIONAL PORT OF COOS BAY--FEEDER LINE APPLICATION--COOS BAY LINE OF THE CENTRAL OREGON & PACIFIC RAILROAD, INC. · decision 39219
11. 1 Aug 2008 AB 515 (Sub-No. 2)
    PROVIDED NOTICE THAT THE CENTRAL OREGON & PACIFIC RAILROAD, INC. FILED AN APPLICATION FOR PERMISSION TO ABANDON AND DISCONTINUE SERVICE OVER PORTIONS OF A LINE KNOWN AS THE COOS BAY SUBDIVISION, IN COOS, DOUGLAS, AND LANE COUNTIES, OR.

    Director Of Proceedings · CENTRAL OREGON & PACIFIC RAILROAD, INC.-ABANDONMENT AND DISCONTINUANCE OF SERVICE-IN COOS, DOUGLAS, AND LANE COUNTIES, OR · decision 39218
12. 1 Aug 2008 AB 486 (Sub-No. 4X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · KYLE RAILROAD COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN OSBORNE AND ROOKS COUNTIES, KS · also entered in AB 33 (Sub-No. 269X) · decision 39204
13. 1 Aug 2008 AB 486 (Sub-No. 5X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · KYLE RAILROAD COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN OSBORNE AND SMITH COUNTIES, KS · also entered in AB 33 (Sub-No. 270X) · decision 39201
14. 30 Jul 2008 FD 35087
    PROVIDED NOTICE TO THE PARTIES OF A CORRECTION TO THE DATES OF TWO PUBLIC MEETINGS IN THE DRAFT ENVIRONMENTAL IMPACT STATEMENT ISSUED ON JUNE 25, 2008, IN THIS PROCEEDING.

    Secretary · 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 39253
15. 30 Jul 2008 FD 35106
    DECISION DENIED THE BOARD OF COUNTY COMMISSIONERS FOR CLARK COUNTY, NV'S REQUEST TO EXTEND THE DUE DATE FOR COMMENTS IN THIS PROCEEDING.

    Secretary · UNITED STATES DEPARTMENT OF ENERGY--RAIL CONSTRUCTION AND OPERATION--CALIENTE RAIL LINE IN LINCOLN, NYE, AND ESMERALDA COUNTIES, NEV. · decision 39244
16. 29 Jul 2008 AB 515 (Sub-No. 2)
    DECISION DETERMINED THAT A PUBLIC HEARING CONDUCTED BY THE BOARD WILL BE HELD IN OREGON.

    Director Of Proceedings · CENTRAL OREGON & PACIFIC RAILROAD, INC.-ABANDONMENT AND DISCONTINUANCE OF SERVICE-IN COOS, DOUGLAS, AND LANE COUNTIES, OR · decision 39243
17. 29 Jul 2008 AB 857 (Sub-No. 1X)
    DECISION: (1) REOPENED THIS PROCEEDING; (2) ACCEPTED THE LATE-FILED REQUEST FOR A NOTICE OF INTERIM TRAIL USE OR ABANDONMENT UNDER 16 U.S.C. 1247(D); (3) ACCEPTED THE PUBLIC USE CONDITION UNDER 49 U.S.C. 10905; AND (4) DETERMINED THAT THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON MAY 6, 2008, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED, IS MODIFIED TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AND TO PERMIT PUBLIC USE NEGOTIATIONS UNTIL DECEMBER 2, 2008.

    Director Of Proceedings · GREAT WESTERN RAILWAY OF COLORADO, LLC--ABANDONMENT EXEMPTION--IN WELD COUNTY, COLO. · decision 39222
18. 29 Jul 2008 AB 33 (Sub-No. 251X)
    DECISION: (1) REOPENED THIS PROCEEDING; (2) VACATED THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT (NITU) SERVED ON MAY 31, 2005; AND (3) ISSUED A REPLACEMENT NITU TO THE CITY OF MADISON, SUBJECT TO CERTAIN ENVIRONMENTAL AND TRAIL USE CONDITIONS.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN DANE COUNTY, WI · decision 39170
19. 29 Jul 2008 NOR 42105
    DECISION: (1) DENIED UNION PACIFIC RAILROAD COMPANY'S (UP) MOTION TO DISMISS THE UNREASONABLE PRACTICE COMPLAINT FILED BY DAIRYLAND POWER COOPERATIVE (DAIRYLAND); (2) ISSUED A PROCEDURAL SCHEDULE; (3) LIFTED A PRIOR PROTECTIVE ORDER GRANTED TO UP; AND (4) GRANTED DAIRYLAND'S MOTION FOR A PROTECTIVE ORDER TO FACILITATE DISCOVERY.

    Entire Board · DAIRYLAND POWER COOPERATIVE V. UNION PACIFIC RAILROAD COMPANY · decision 39050
20. 28 Jul 2008 AB 486 (Sub-No. 5X)
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) AND KYLE RAILROAD COMPANY (KYLE) HAVE JOINTLY FILED A NOTICE OF EXEMPTION FOR UP TO ABANDON, AND FOR KYLE TO DISCONTINUE SERVICE OVER, A 12.4-MILE PORTION OF A LINE OF RAILROAD IN OSBORNE AND SMITH COUNTIES, KS.

    Director Of Proceedings · KYLE RAILROAD COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN OSBORNE AND SMITH COUNTIES, KS · also entered in AB 33 (Sub-No. 270X) · decision 39198
21. 28 Jul 2008 AB 486 (Sub-No. 4X)
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) AND KYLE RAILROAD COMPANY (KYLE) HAVE JOINTLY FILED A NOTICE OF EXEMPTION FOR UP TO ABANDON, AND FOR KYLE TO DISCONTINUE SERVICE OVER, A 30.13-MILE PORTION OF A LINE OF RAILROAD KNOWN AS THE SOLOMON BRANCH LINE IN OSBORNE AND ROOKS COUNTIES, KS.

    Director Of Proceedings · KYLE RAILROAD COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN OSBORNE AND ROOKS COUNTIES, KS · also entered in AB 33 (Sub-No. 269X) · decision 39197
22. 28 Jul 2008 AB 33 (Sub-No. 262X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FULTON AND PEORIA COUNTIES, ILL. · decision 39188
23. 28 Jul 2008 AB 290 (Sub-No. 290X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) FOUND THAT THE EXEMPTION OF THE ABANDONMENT IN THIS PROCEEDING IS SUBJECT TO CERTAIN CONDITIONS.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN LUCAS COUNTY, OHIO · decision 39180
24. 28 Jul 2008 AB 290 (Sub-No. 308X)
    DECISION GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST TO WITHDRAW ITS NOTICE OF EXEMPTION AND DISMISSED THIS PROCEEDING.

    Secretary · NORFOLK SOUTHERN RAILWAY COMPANY--DISCONTINUANCE OF SERVICE EXEMPTION--IN LUCAS COUNTY, OH · decision 39172