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Week of 15 Sep 2008

15–21 September 2008 · Monday to Sunday · ← previous week · next week → · every week · the latest seven days

16 decisions served (3 entered in more than one docket) and 54 filings observed, in 34 proceedings — 2 of them in AB 290 (Sub-No. 271X).

Decisions served

  1. AB 33 (Sub-No. 230X)
    DECISION: (1) REJECTED ROBERT ALAN KEMP'S OFFER OF FINANCIAL ASSISTANCE; AND (2) DETERMINED THAT THE EXEMPTION IN THIS PROCEEDING WILL BECOME EFFECTIVE ON OCTOBER 19, 2008, SUBJECT TO THE CONDITIONS IMPOSED IN THE JANUARY 26, 2007 DECISION.
    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN LASSEN COUNTY, CA, AND WASHOE COUNTY, NV · decision 39386
  2. FD 35175
    DECISION GRANTS A REQUEST TO HOLD THESE PROCEEDINGS IN ABEYANCE FOR A 30-DAY PERIOD TO PERMIT NEGOTIATIONS ON THE TERMS OF A VOLUNTARY AGREEMENT.
    Entire Board · ROSEBURG FOREST PRODUCTS CO., TIMBER PRODUCTS COMPANY, L.P., SUBURBAN PROPANE, L.P., COWLEY D&L, INC., SOUSA AG SERVICE, AND YREKA WESTERN RAILROAD COMPANY--ALTERNATIVE RAIL SERVICE--CENTRAL OREGON & PACIFIC RAILROAD, INC. · also entered in EP 346 (Sub-No. 25C) · decision 39337
  3. FD 34975
    DECISION DENIED MR. JAMES RIFFIN'S PETITION FOR RECONSIDERATION OF A DECISION SERVED ON OCTOBER 9, 2007, IN WHICH THE BOARD FOUND THAT, IN 1990, THE MARYLAND TRANSIT ADMINISTRATION DID NOT REQUIRE AUTHORIZATION FROM THE BOARD'S PREDECESSOR, THE INTERSTATE COMMERCE COMMISSION, WHEN IT ACQUIRED A 14.22-MILE LINE OF RAILROAD BETWEEN BALTIMORE AND COCKEYSVILLE, MD.
    Entire Board · MARYLAND TRANSIT ADMINISTRATION--PETITION FOR DECLARATORY ORDER · decision 38740
  4. NOR 42102
    DECISION GRANTED THE REQUEST FOR A 4-WEEK EXTENSION OF THE PROCEDURAL SCHEDULE IN THESE CONSOLIDATED PROCEEDINGS.
    Secretary · RAILROAD SALVAGE & RESTORATION, INC.--PETITION FOR DECLARATORY ORDER--REASONABLENESS OF DEMURRAGE CHARGES · also entered in NOR 42103 · decision 39389
  5. AB 55 (Sub-No. 689X)
    PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A NOTICE OF EXEMPTION TO ABANDON A 1.16-MILE LINE OF RAILROAD KNOWN AS THE SNAP CREEK INDUSTRIAL TRACK, IN LOGAN COUNTY, WV
    Director Of Proceedings · CSX TRANSPORTATION, INC.―ABANDONMENT EXEMPTION―IN LOGAN COUNTY, WV · decision 39342
  6. AB 43 (Sub-No. 184X)
    PROVIDED NOTICE THAT ILLINOIS CENTRAL RAILROAD COMPANY FILED A PETITION FOR EXEMPTION TO ABANDON APPROXIMATELY 1.1 MILES OF RAIL LINE IN COOK COUNTY, IL.
    Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COOK COUNTY, ILL. · decision 39340
  7. MCF 21029
    DECISION TENTATIVELY APPROVED THE APPLICATION OF STAGECOACH GROUP, PLC (STAGECOACH), A NONCARRIER, ITS NONCARRIER INTERMEDIATE SUBSIDIARIES (STAGECOACH TRANSPORT HOLDINGS PLC, SCUSI LTD., COACH USA ADMINISTRATION, INC.), COACH USA, INC. (COACH USA), AND KILT TRANS, INC. (KILT), A MOTOR PASSENGER CARRIER (MC-115432) CONTROLLED BY COACH USA, FOR ACQUISITION AND OPERATION OF CERTAIN ASSETS OF EASTERN TRAVEL & TOUR, INC. (EASTERN), SUBJECT TO OPPOSING PUBLIC COMMENTS.
    Entire Board · STAGECOACH GROUP PLC AND COACH USA, INC., ET AL.–ACQUISITION OF CONTROL–EASTERN TRAVEL & TOUR, INC. · decision 39320
  8. FD 35140
    DECISION GRANTED IN PART AND DENIED IN PART THE STATE OF MAINE'S JOINT PETITION FOR DECLARATORY ORDER REQUESTING, AMONG OTHER THINGS, THAT ITS DEPARTMENT OF TRANSPORTATION (MDOT) DID NOT BECOME A COMMON CARRIER BY PURCHASING A PORTION OF A LINE FROM MAINE CENTRAL RAILROAD COMPANY (MEC) IN 1996, AND THAT MDOT WILL NOT BECOME A COMMON CARRIER BY ACQUIRING ANOTHER PORTION OF THE LINE FROM MEC AND PORTLAND TERMINAL COMPANY IN THE FUTURE. ALSO, THIS DECISION EXEMPTED SPRINGFIELD TERMINAL RAILWAY COMPANY FROM PRIOR APPROVAL REQUIREMENTS TO DISCONTINUE SERVICE ON THE MOUNTAIN DIVISION BETWEEN MILEPOSTS 7.3 AND 51.11, SUBJECT TO EMPLOYEE PROTECTIVE CONDITIONS.
    Entire Board · STATE OF MAINE--ACQUISITION OF CERTAIN LINES IN MAINE · also entered in AB 355 (Sub-No. 38X) · decision 39049
  9. FD 35137
    DECISION INSTITUTED A PROCEEDING UNDER 49 U.S.C. 10502(D).
    Secretary · THE INDIANA RAIL ROAD COMPANY-TRACKAGE RIGHTS EXEMPTION-CSX TRANSPORTATION, INC. · decision 39384
  10. AB 55 (Sub-No. 680X)
    DECISION REOPENED THIS PROCEEDING AND REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE SEPTEMBER 2007 DECISION.
    Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN PORTSMOUTH COUNTY, VA · decision 39369
  11. AB 33 (Sub-No. 258X)
    DECISION (1) REOPENED THIS PROCEEDING; AND (2) FOUND THAT THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER IS MODIFIED TO EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AND TO PERMIT PUBLIC USE NEGOTIATIONS.
    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN SHELBY COUNTY, TENN. · decision 39322
  12. NOR 42105
    DECISION: (1) ORDERED THAT UNION PACIFIC RAILROAD COMPANY'S REPLY TO DAIRYLAND POWER COOPERATIVE'S MOTION TO COMPEL IS DUE BY SEPTEMBER 18, 2008; AND (2) SUSPENDED THE PROCEDURAL SCHEDULE IN THIS PROCEEDING, PENDING THE BOARD'S RULING ON THE MOTION TO COMPEL.
    Secretary · DAIRYLAND POWER COOPERATIVE V. UNION PACIFIC RAILROAD COMPANY · decision 39378
  13. AB 33 (Sub-No. 253X)
    DECISION GRANTED METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TX'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL OCTOBER 31, 2008.
    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COLORADO AND WHARTON COUNTIES, TX · decision 39377
  14. AB 876-X
    DECISION GRANTED THE KENTUCKY RAILS TO TRAILS COUNCIL'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL JANUARY 17, 2009.
    Director Of Proceedings · R.J. CORMAN EQUIPMENT COMPANY, LLC--ABANDONMENT EXEMPTION--IN JOHNSON, MAGOFFIN AND BREATHITT COUNTIES, KY. · decision 39364
  15. AB 290 (Sub-No. 283X)
    DECISION: (1) GRANTED NSR'S MOTION TO WITHDRAW THE PETITION FOR EXEMPTION AND DISMISSED IT WITHOUT PREJUDICE; AND (2) VACATED THE BOARD'S DECISION GRANTING THE EXEMPTIONS FROM 49 U.S.C. 10903 AND 49 U.S.C. 10905, SERVED ON MAY 2, 2007.
    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN ORANGE COUNTY, NY · decision 39338
  16. AB 33 (Sub-No. 266X)
    DECISION GRANTED UNION PACIFIC RAILROAD COMPANY'S PETITION FOR EXEMPTION TO ABANDON A 2.91-MILE LINE OF RAILROAD KNOWN AS THE LITCHFIELD INDUSTRIAL LEAD IN MARICOPA COUNTY, AZ, SUBJECT TO PUBLIC USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.
    Entire Board · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN MARICOPA COUNTY, AZ · decision 39088

Proceedings that moved in the week of 15 Sep 2008

DocketProceedingFilingsLast activity
AB 290 (Sub-No. 271X) NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WYOMING AND GENESEE COUNTIES, NY 2
AB 1067 (Sub-No. 2X) GENERAL RAILWAY CORPORATION D/B/A IOWA NORTHWESTERN RAILROAD- ABANDONMENT EXEMPTION-IN OSCEOLA AND DICKINSON COUNTIES, IA 1
AB 497 (Sub-No. 4X) MINNESOTA NORTHERN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN NORMAN COUNTY, MN 1
AB 6 (Sub-No. 463X) BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KING COUNTY, WASH. 3
AB 6 (Sub-No. 464X) BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KING COUNTY, WA 3
AB 6 (Sub-No. 465X) BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KING COUNTY, WASH. (WOODINVILLE SUBDIVISION) 3
FD 35106 UNITED STATES DEPARTMENT OF ENERGY--RAIL CONSTRUCTION AND OPERATION--CALIENTE RAIL LINE IN LINCOLN, NYE, AND ESMERALDA COUNTIES, NEV. 2
FD 35141 U S RAIL CORPORATION--CONSTRUCTION AND OPERATION EXEMPTION--BROOKHAVEN RAIL TERMINAL 2
AB 12 (Sub-No. 184X) SOUTHERN PACIFIC TRANSPORTATION COMPANY--ABANDONMENT EXEMPTION--WENDEL-ALTURAS LINE IN MODOC AND LASSEN COUNTIES, CAL. 1
AB 156 (Sub-No. 23X) DELAWARE AND HUDSON RAILWAY COMPANY, INC. D/B/A CANADIAN PACIFIC RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALBANY COUNTY, NY 1
AB 286 (Sub-No. 5X) THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORPORATION-DISCONTINUANCE OF SERVICE EXEMPTION-IN BROOME AND CHENANGO COUNTIES, NY 1
FD 35128 THE PORT OF SEATTLE-ACQUISITION EXEMPTION-CERTAIN ASSETS OF BNSF RAILWAY COMPANY 1
FD 35133 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 1
NOR 42105 DAIRYLAND POWER COOPERATIVE V. UNION PACIFIC RAILROAD COMPANY 1
FD 35147 NORFOLK SOUTHERN RAILWAY COMPANY, PAN AM RAILWAYS, INC., ET AL.-JOINT CONTROL AND OPERATING/POOLING AGREEMENTS-PAN AM SOUTHERN LLC 6
AB 33 (Sub-No. 230X) UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN LASSEN COUNTY, CA, AND WASHOE COUNTY, NV 3
AB 565 (Sub-No. 17X) NEW YORK CENTRAL LINES, LLC-- ABANDONMENT EXEMPTION--IN DUTCHESS COUNTY, N.Y. 2
AB 491 (Sub-No. 2X) R.J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES, INC.-ABANDONMENT EXEMPTION-IN CLEARFIELD, JEFFERSON, AND INDIANA COUNTIES, PA 1
AB 55 (Sub-No. 680X) CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN PORTSMOUTH COUNTY, VA 1
EP 677 COMMON CARRIER OBLIGATION OF RAILROADS 1
FD 35173 PACIFIC SUN RAILROAD, L.L.C.-LEASE AND OPERATION EXEMPTION-BNSF RAILWAY COMPANY 1
FD 35174 WATCO COMPANIES, INC.-CONTINUANCE IN CONTROL EXEMPTION-PACIFIC SUN RAILROAD, L.L.C. 1
NOR 41191 (Sub-No. 1) AEP TEXAS NORTH COMPANY V. BNSF RAILWAY COMPANY 1
NOR 42102 RAILROAD SALVAGE & RESTORATION, INC.--PETITION FOR DECLARATORY ORDER--REASONABLENESS OF DEMURRAGE CHARGES 1
NOR 42103 G.F. WIEDEMAN INTERNATIONAL, INC.-PETITION FOR DECLARATORY ORDER-REASONABLENESS OF DEMURRAGE CHARGES 1
AB 369 (Sub-No. 7X) BUFFALO & PITTSBURGH RAILROAD, INC.-ABANDONMENT EXEMPTION-IN ERIE AND CATTARAUGUS COUNTIES, N.Y. 1
FD 35160 OREGON INTERNATIONAL PORT OF COOS BAY--FEEDER LINE APPLICATION--COOS BAY LINE OF THE CENTRAL OREGON & PACIFIC RAILROAD, INC. 1
EP 664 (Sub-No. 1) USE OF A MULTI-STAGE DISCOUNTED CASH FLOW MODEL IN DETERMINING THE RAILROAD INDUSTRY'S COST OF CAPITAL 4
AB 33 (Sub-No. 266X) UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN MARICOPA COUNTY, AZ 1
AB 364 (Sub-No. 13X) MID-MICHIGAN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN MUSKEGON COUNTY, MI 1
AB 398 (Sub-No. 7X) SAN JOAQUIN VALLEY RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN TULARE COUNTY, CA 1
AB 55 (Sub-No. 688X) CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN MARION COUNTY, IN 1
FD 35087 CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY 1
FD 35171 ASHBRO, INC.--PETITION FOR DECLARATORY ORDER--WILSON SPUR TRACK IN DENHAM SPRINGS, LA 1

Captions and summaries appear as the Board prints them. Counts are filings observed in the record between 15–21 September 2008; decisions are listed above and not counted here. Dates are quoted from the record, never computed.

Permanent address: docketyard.org/week/2008-09-15 — any day of the week resolves here.