Week of 25 Aug 2008

Decisions served

1. 29 Aug 2008 AB 303 (Sub-No. 20X)
   DECISION GRANTED WISCONSIN DEPARTMENT OF NATURAL RESOURCES' REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL FEBRUARY 28, 2009.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 39334
2. 29 Aug 2008 AB 1000 (Sub-No. 1X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE DECISION SERVED ON DECEMBER 10, 2007, TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING IN THIS PROCEEDING.

   Director Of Proceedings · GEORGIA SOUTHWESTERN RAILROAD, INC.-ABANDONMENT AND DISCONTINUANCE EXEMPTION-IN HARRIS AND MERIWETHER COUNTIES, GA · decision 39303
3. 29 Aug 2008 AB 55 (Sub-No. 682X)
   DECISION: (1) REOPENED THIS PROCEEDING; (2) TERMINATED THE FINANCIAL ASSISTANCE PROCESS IN THIS PROCEEDING; (3) DETERMINED THAT THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON APRIL 3, 2008, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING, BE SUBJECT TO CERTAIN CONDITIONS THAT CSX TRANSPORTATION, INC. SHALL FOLLOW.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GREENBRIER AND FAYETTE COUNTIES, W. VA. · decision 39302
4. 29 Aug 2008 AB 6 (Sub-No. 465X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A PETITION FOR EXEMPTION TO ABANDON A 12.55-MILE LINE OF RAILROAD IN KING COUNTY, WA.

   Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KING COUNTY, WASH. (WOODINVILLE SUBDIVISION) · decision 39297
5. 29 Aug 2008 AB 286 (Sub-No. 5X)
   PROVIDED NOTICE THAT THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORPORATION FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER A PORTION OF ITS LINE OF RAILROAD KNOWN AS THE UTICA MAIN LINE, A DISTANCE OF APPROXIMATELY 41.02 MILES, IN BROOME AND CHENANGO COUNTIES, NY.

   Director Of Proceedings · THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORPORATION-DISCONTINUANCE OF SERVICE EXEMPTION-IN BROOME AND CHENANGO COUNTIES, NY · decision 39296
6. 28 Aug 2008 AB 6 (Sub-No. 456X)
   DECISION GRANTED BNSF RAILWAY COMPANY'S REQUEST FOR A 1-YEAR EXTENSION OF TIME TO EXERCISE THE ABANDOMENT AUTHORITY IN THIS PROCEEDING UNTIL AUGUST 28, 2009.

   Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN RIVERSIDE COUNTY, CA · decision 39319
7. 28 Aug 2008 AB 290 (Sub-No. 290X)
   DECISION: (1) REOPENED THIS PROCEEDING; (2) DENIED TOLEDO METROPOLITAN AREA COUNCIL OF GOVERNMENTS' (TMACOG) REQUEST FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE; AND (3) GRANTED, AS DISCUSSED IN THE DECISION, TMACOG'S REQUEST FOR ISSUANCE OF A PUBLIC USE CONDITION.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN LUCAS COUNTY, OHIO · decision 39292
8. 27 Aug 2008 FD 35131
   DECISION INSTITUTED A PROCEEDING UNDER 49 U.S.C. 10502(B).

   Secretary · VAUGHAN RAILROAD COMPANY-CONSTRUCTION AND OPERATION EXEMPTION-IN MONONGALIA COUNTY, W. VA. · decision 39293
9. 27 Aug 2008 EP 679
   DECISION EXTENDED THE BOARD'S DEADLINE FOR GRANTING OR DENYING THE ASSOCIATION OF AMERICAN RAILROADS PETITION TO INSTITUTE A RULEMAKING PROCEEDING UNTIL OCTOBER 28, 2008.

   Secretary · ASSOCIATION OF AMERICAN RAILROADS--PETITION REGARDING METHODOLOGY FOR DETERMINING RAILROAD REVENUE ADEQUACY · decision 39286
10. 27 Aug 2008 FD 35036
    DECISION DENIED U S RAIL CORPORATION'S PETITION FOR CLARIFICATION OF THE BOARD'S DECISION SERVED ON OCTOBER 12, 2007, IN THIS PROCEEDING. ALSO, THE BOARD FOUND THAT IT CANNOT ISSUE THE REQUESTED CLARIFICATION THAT ACTIVITIES AT THIS SITE ARE PREEMPTED, BECAUSE THE RECORD DOES NOT SHOW THAT THEY CONSTITUTE RAIL TRANSPORTATION ACTIVITIES PERFORMED BY A RAIL CARRIER.

    Entire Board · SUFFOLK & SOUTHERN RAIL ROAD LLC-LEASE AND OPERATION EXEMPTION-SILLS ROAD REALTY, LLC · decision 39151
11. 27 Aug 2008 AB 290 (Sub-No. 286)
    DECISION DENIED THE PETITION FILED BY THE CITY OF SOUTH BEND, IN, AND TWO RELIGIOUS ORDERS, THE BROTHERS OF HOLY CROSS, INC., AND THE SISTERS OF THE HOLY CROSS, INC. TO REOPEN THIS PROCEEDING AND AUTHORIZE 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 38975
12. 27 Aug 2008 FD 33388 (Sub-No. 101)
    DECISION DENIED THE PETITION OF CSX TRANSPORTATION, INC. (CSXT) FOR INSTITUTION OF A DECLARATORY ORDER PROCEEDING SEEKING TO CONFIRM THAT IMPLEMENTATION OF AN AGREEMENT FOR THE SALE AND DEVELOPMENT OF LAND ALONG A RAIL LINE IN THE BOROUGH OF QUEENS, NEW YORK CITY (AGREEMENT), WOULD INTERFERE WITH CSXT'S ACQUISITION AND OPERATION OF CERTAIN ASSETS OF CONRAIL, AS AUTHORIZED IN CSX CORP., ET AL.-CONTROL-CONRAIL INC. ET AL., 3 S.T.B. 196 (1998) (CONRAIL). IN ADDITION, THE BOARD DETERMINED THAT THE PARTIES HAVE PRESENTED SUFFICIENT INFORMATION TO DEMONSTRATE THAT THERE IS NO UNCERTAINTY TO RESOLVE, THE AGREEMENT FULLY ALLOWS FOR CONTINUED RAILROAD OPERATIONS, AND ITS IMPLEMENTATION WOULD NOT INTERFERE WITH THE TRANSACTION APPROVED IN CONRAIL.

    Entire Board · CSX TRANSPORTATION, INC.--PETITION FOR DECLARATORY ORDER · decision 38460
13. 27 Aug 2008 FD 35082
    DECISION: (1) DETERMINED THAT A 5.73-MILE RAIL BANKED RIGHT-OF-WAY IN ERIE COUNTY, PA, CONTINUES TO BE SUBJECT TO INTERIM TRAIL USE CONDITIONS; (2) DENIED NORTHWEST PENNSYLVANIA TRAIL ASSOCIATION (NWPTA) AND MATERIAL RECOVERY OF ERIE, INC.'S (MR) REQUEST TO REOPEN DOCKET NO. AB-33 (SUB-NO. 5X); (3) GRANTED NWPTA AND MR'S REQUEST TO REOPEN THAT PROCEEDING TO ALLOW NWPTA TO REPLACE MR AS THE INTERIM TRAIL SPONSOR.

    Entire Board · VICTOR WHEELER, ET AL.--PETITION FOR DECLARATORY ORDER--RAL LINE IN ERIE COUNTY, PA · also entered in AB 88 (Sub-No. 5X) · decision 38409
14. 26 Aug 2008 AB 33 (Sub-No. 269X)
    DECISION ACCEPTED V AND S RAILWAY, LLC'S LATE-FILED NOTICE OF INTENT TO FILE AN OFFER OF FINANCIAL ASSISTANCE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN OSBORNE AND ROOKS COUNTIES, KAN. · decision 39314
15. 26 Aug 2008 FD 35141
    DECISION GRANTED THE TOWN OF BROOKHAVEN, NY'S REQUEST FOR AN EXTENSION OF TIME TO FILE ITS REPLY TO THE EXEMPTION PETITION BY SEPTEMBER 18, 2008.

    Secretary · U S RAIL CORPORATION--CONSTRUCTION AND OPERATION EXEMPTION--BROOKHAVEN RAIL TERMINAL · decision 39304
16. 26 Aug 2008 AB 33 (Sub-No. 270X)
    DECISION ACCEPTED V AND S RAILWAY, LLC'S LATE-FILED NOTICE OF INTENT TO FILE AN OFFER OF FINANCIAL ASSISTANCE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN OSBORNE AND SMITH COUNTIES, KAN. · decision 39282
17. 26 Aug 2008 AB 398 (Sub-No. 7X)
    DECISION SET THE TERMS AND CONDITIONS FOR THE SALE OF A 30.57-MILE PORTION OF THE SOUTH EXETER BRANCH BETWEEN MILEPOST 268.60 AT STRATHMORE AND MILEPOST 299.17 AT JOVISTA IN TULARE COUNTY, CA, AS REQUESTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF TULARE.

    Entire Board · SAN JOAQUIN VALLEY RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN TULARE COUNTY, CA · decision 39251
18. 26 Aug 2008 AB 6 (Sub-No. 408X)
    DECISION: (1) REOPENED THIS PROCEEDING; (2) ACCEPTED BNSF RAILWAY COMPANY'S (BNSF) NOTICE OF CONSUMMATION OF DISCONTINUANCE OF SERVICE ONLY BETWEEN MILEPOST 4.37 AND MILEPOST 9.63; AND (3) DETERMINED THAT BNSF MUST NOTIFY THE BOARD IF IT IS GOING TO DISCONTINUE RAIL BANKING AND CONSUMMATE THE ABANDONMENT FOR THE SEGMENT OF LINE BETWEEN MILEPOSTS 9.63 AND 17.50.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION --IN HAMILTON AND MERRICK COUNTIES, NE · decision 37701
19. 25 Aug 2008 AB 290 (Sub-No. 291X)
    DECISION GRANTED THE REQUEST FILED BY THE CITY OF MARION, IN, AND GREENWAYS FOUNDATION, INC. TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING TO FEBRUARY 21, 2009.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN GRANT COUNTY, IND. · decision 39300
20. 25 Aug 2008 AB 33 (Sub-No. 258X)
    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 SHELBY COUNTY, TENN. · decision 39274