Week of 8 Sep 2008

Decisions served

1. 12 Sep 2008 FD 35152
   PROVIDED NOTICE THAT ARKANSAS MIDLAND RAILROAD COMPANY, INC. FILED A NOTICE OF EXEMPTION TO OPERATE APPROXIMATELY 2.6 MILES OF RAIL LINE IN JACKSONVILLE, AR.

   Director Of Proceedings · ARKANSAS MIDLAND RAILROAD COMPANY, INC.-OPERATION EXEMPTION-IN JACKSONVILLE, AR · decision 39368
2. 12 Sep 2008 AB 33 (Sub-No. 230X)
   DECISION GRANTED NEVADA CENTRAL RAILROAD'S REQUEST FOR A SUBSTITUTION AND EXTENDED THE DEADLINE TO FILE AN OFFER OF FINANCIAL ASSISTANCE UNTIL SEPTEMBER 15, 2008, IN THIS PROCEEDING.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN LASSEN COUNTY, CA, AND WASHOE COUNTY, NV · decision 39365
3. 12 Sep 2008 AB 33 (Sub-No. 255)
   DECISION GRANTED THE REQUEST TO EXTEND THE CERTIFICATE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO MARCH 27, 2009.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN CARVER AND SCOTT COUNTIES, MINN. · decision 39353
4. 12 Sep 2008 AB 364 (Sub-No. 13X)
   DECISION: (1) REOPENED THIS PROCEEDING; (2) REMOVED THE HISTORIC PRESERVATION CONDITION IMPOSED IN THE JANUARY 2008 DECISION; AND (3) DETERMINED THAT THE EXEMPTION OF THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING BE SUBJECT TO CERTAIN CONDITIONS.

   Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN MUSKEGON COUNTY, MI · decision 39343
5. 12 Sep 2008 AB 57 (Sub-No. 56X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN BOTTINEAU, ROLETTE, AND TOWNER COUNTIES, ND · decision 39324
6. 12 Sep 2008 AB 414 (Sub-No. 4X)
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) AND IOWA INTERSTATE RAILROAD, LTD. (IAIS) JOINTLY FILED AN AMENDED PETITION FOR EXEMPTION TO PERMIT: (1) UP TO ABANDON AND DISCONTINUE SERVICE OVER ITS LINE OF RAILROAD, A DISTANCE OF APPROXIMATELY 0.45 MILES, IN POTTAWATTAMIE COUNTY, IA; (2) IAIS TO DISCONTINUE TRACKAGE RIGHTS OVER THE UP LINE; AND (3) UP TO DISCONTINUE ITS OVERHEAD TRACKAGE RIGHTS OVER IAIS' LINE OF RAILROAD, A DISTANCE OF APPROXIMATELY 1.2 MILES, IN POTTAWATTAMIE COUNTY, IA.

   Director Of Proceedings · IOWA INTERSTATE RAILROAD, LTD.--DISCONTINUANCE OF SERVICE EXEMPTION--IN POTTAWATTAMIE COUNTY, IA · also entered in AB 33 (Sub-No. 274X) · decision 39317
7. 11 Sep 2008 AB 55 (Sub-No. 687X)
   DECISION FOUND THAT THE ABANDONMENT OF THE INVOLVED RAIL LINE WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

   Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN FULTON AND CLAYTON COUNTIES, GA · decision 39370
8. 11 Sep 2008 AB 303 (Sub-No. 26X)
   DECISION GRANTED THE CITY OF ASHLAND'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL DECEMBER 9, 2008.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN ASHLAND COUNTY, WIS. · decision 39356
9. 11 Sep 2008 FD 35087
   DECISION DENIED THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S MOTION TO COMPEL.

   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 39220
10. 10 Sep 2008 AB 398 (Sub-No. 7X)
    DECISION: (1)TERMINATED THE OFFER OF FINANCIAL ASSISTANCE PROCESS (OFA) IN THIS PROCEEDING; AND (2) VACATED THE JUNE 20, 2008 DECISION TO THE EXTENT THAT IT POSTPONED THE EFFECTIVE DATE OF THE ABANDONMENT EXEMPTION TO PERMIT THE OFA PROCESS TO PROCEED.

    Director Of Proceedings · SAN JOAQUIN VALLEY RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN TULARE COUNTY, CA · decision 39362
11. 10 Sep 2008 FD 35160
    DECISION GRANTED A MOTION BY THE OREGON INTERNATIONAL PORT OF COOS BAY (THE PORT) TO COMPEL THE CENTRAL OREGON & PACIFIC RAILROAD, INC. (CORP) TO GRANT THE PORT'S EXPERTS A RIGHT OF ACCESS TO ENTER UPON 111.016 MILES OF RAIL LINE OWNED BY CORP NEAR DANEBO, OR (THE LINE), TO ALLOW THEM TO INSPECT THE LINE'S BRIDGES AND TUNNELS IN AN EFFORT TO EVALUATE THE LEVEL OF REHABILITATION AND MAINTENANCE THAT WILL BE NEEDED IF SERVICE IS REINSTATED. ALSO, THIS DECISION GRANTS, IN PART, THE PORT'S REQUEST FOR PERMISSION TO SUPPLEMENT ITS REBUTTAL.

    Entire Board · OREGON INTERNATIONAL PORT OF COOS BAY--FEEDER LINE APPLICATION--COOS BAY LINE OF THE CENTRAL OREGON & PACIFIC RAILROAD, INC. · decision 39345
12. 9 Sep 2008 AB 55 (Sub-No. 687X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) DETERMINED THAT THE NOTICE SERVED IN THE FEDERAL REGISTER ON AUGUST 14, 2008, BE MODIFIED TO THE EXTENT NECESSARY TO PERMIT PUBLIC USE NEGOTIATIONS AND TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THE PROCEEDING, UNTIL MARCH 12, 2009.

    Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN FULTON AND CLAYTON COUNTIES, GA · decision 39344
13. 8 Sep 2008 FD 34992
    DECISION EXEMPTED ITASCA COUNTY REGIONAL RAIL AUTHORITY FROM THE CONSTRUCTION OF AN APPROXIMATELY 9-MILE RAIL LINE FROM TACONITE, MN, TO THE SITE OF A NEW STEEL MILL TO BE BUILT BY MINNESOTA STEEL INDUSTRIES LLC AT NASHWAUK, MN, SUBJECT TO THE MITIGATION MEASURES RECOMMENDED IN THE ENVIRONMENTAL ASSESSMENT, AS MODIFIED IN THE POST ENVIRONMENTAL ASSESSMENT.

    Entire Board · ITASCA COUNTY REGIONAL RAIL AUTHORITY-PETITION FOR EXEMPTION-CONSTRUCTION OF A LINE OF RAILROAD IN ITASCA COUNTY, MN · decision 39242
14. 8 Sep 2008 FD 34890
    DECISION CLARIFIED, AT THE REQUEST OF PYCO INDUSTRIES, INC. (PYCO), WHETHER TWO SPECIFIC PROPERTY INTERESTS IN THE RAIL LINES OF SOUTH PLAINS SWITCHING, LTD. CO. WERE TO BE CONVEYED TO PYCO AT THE CLOSING OF THE FEEDER LINE SALE AUTHORIZED IN THE DECISION SERVED ON AUGUST 31, 2007. ALSO, THE DECISION FOUND THAT THE QUESTION OF WHETHER A THIRD PROPERTY INTEREST WAS PART OF THE SALE IS AN ISSUE OF CONTRACT INTERPRETATION.

    Entire Board · PYCO INDUSTRIES, INC.-FEEDER LINE APPLICATION-LINES OF SOUTH PLAINS SWITCHING, LTD. CO. · decision 39059