Week of 22 Sep 2008

Decisions served

1. 26 Sep 2008 AB 156 (Sub-No. 23X)
   DECISION GRANTED THE COUNTY OF ALBANY, NY'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO OCTOBER 31, 2008.

   Director Of Proceedings · DELAWARE AND HUDSON RAILWAY COMPANY, INC. D/B/A CANADIAN PACIFIC RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ALBANY COUNTY, NY · decision 39412
2. 26 Sep 2008 FD 35176
   PROVIDED NOTICE THAT GEORGIA SOUTHWESTERN RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO ACQUIRE BY PURCHASE FROM CSX TRANSPORTATION, INC., APPROXIMATELY 1.6 MILES OF RAIL LINE IN DECATUR COUNTY, GA.

   Director Of Proceedings · GEORGIA SOUTHWESTERN RAILROAD, INC.-ACQUISITION EXEMPTION-CSX TRANSPORTATION, INC. · decision 39374
3. 26 Sep 2008 AB 6 (Sub-No. 464X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 5.60-MILE RAIL LINE IN KING COUNTY, WA.

   Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KING COUNTY, WA · decision 39372
4. 26 Sep 2008 AB 6 (Sub-No. 463X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 7.30-MILE RAIL LINE IN KING COUNTY, WA.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KING COUNTY, WASH. · decision 39371
5. 26 Sep 2008 EP 552 (Sub-No. 12)
   DECISION FOUND THAT TWO CLASS I RAILROADS (NORFOLK SOUTHERN RAILWAY COMPANY AND SOO LINE RAILROAD COMPANY) ARE REVENUE ADEQUATE FOR THE YEAR 2007. ALL OTHER CLASS I RAILROADS ARE FOUND TO BE REVENUE INADEQUATE FOR THE YEAR 2007.

   Entire Board · RAILROAD REVENUE ADEQUACY--2007 DETERMINATION · decision 39363
6. 26 Sep 2008 EP 558 (Sub-No. 11)
   DECISION FOUND THAT, IN 2007, THE RAILROAD INDUSTRY HAD AN AFTER-TAX COST OF CAPITAL OF 11.33%, BASED ON: (1) A CURRENT COST OF DEBT OF 6.15%; (2) A CURRENT COST OF COMMON EQUITY OF 12.68%; AND (3) A CAPITAL STRUCTURE MIX OF 20.68% DEBT AND 79.32% COMMON EQUITY.

   Entire Board · RAILROAD COST OF CAPITAL - 2007 · decision 39276
7. 26 Sep 2008 AB 364 (Sub-No. 14X)
   DECISION DENIED THE CITY OF GREENVILLE'S (GREENVILLE) PETITION TO REVOKE OR REOPEN THE JUNE 9, 2008 DECISION SERVED IN THIS PROCEEDING. ALSO, THIS DECISION DENIED GREENVILLE'S REQUEST FOR AN EXTENSION OF THE DEADLINE TO FILE AN OFFER OF FINANCIAL ASSISTANCE.

   Entire Board · MID-MICHIGAN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN KENT, IONIA, AND MONTCALM COUNTIES, MICH. · decision 39255
8. 26 Sep 2008 FD 35057
   DECISION DENIED: (1) THE MOTION TO DISMISS FILED BY THE NEW YORK AND ATLANTIC RAILWAY COMPANY; AND (2) THE PETITIONS FOR RECONSIDERATION, FILED BY THE NEW YORK AND ATLANTIC RAILWAY COMPANY AND COASTAL DISTRIBUTION LLC, OF THE BOARD'S DECLARATORY ORDER SERVED FEBRUARY 1, 2008, WHICH STATED THAT, TO THE EXTENT THE NEW YORK AND ATLANTIC RAILWAY COMPANY HAD AUTHORIZED A NON-CARRIER-COASTAL DISTRIBUTION-TO BUILD AND OPERATE A TRANSLOAD FACILITY FOR CONSTRUCTION AND DEMOLITION DEBRIS, SUCH ACTIVITIES DID NOT QUALIFY FOR FEDERAL PREEMPTION UNDER 49 U.S.C. 10501(B).

   Entire Board · TOWN OF BABYLON AND PINELAWN CEMETERY--PETITION FOR DECLARATORY ORDER · decision 38974
9. 25 Sep 2008 FD 35147
   DECISION VACATED THE REMAINING PORTION OF THE PROCEDURAL SCHEDULE ADOPTED IN THE JUNE 27, 2008 DECISION, TO PROVIDE TIME FOR FURTHER ENVIRONMENTAL ANALYSIS. IN ADDITION, THE BOARD ALSO DENIED THE REQUEST OF THE COMMITTEE TO IMPROVE RAIL SERVICE IN MAINE FOR A PUBLIC HEARING IN THE STATE OF MAINE, AND DENIED THE JOINT REQUEST OF THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS, U.S. CLAY PRODUCERS TRAFFIC ASSOCIATION, INC., AND NEW ENGLAND SOUTHERN RAILROAD CO. FOR AN ORAL ARGUMENT.

   Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY, PAN AM RAILWAYS, INC., ET AL.-JOINT CONTROL AND OPERATING/POOLING AGREEMENTS-PAN AM SOUTHERN LLC · also entered in FD 35147 (Sub-No. 1), FD 35147 (Sub-No. 2), FD 35147 (Sub-No. 3) · decision 39382
10. 25 Sep 2008 EP 677 (Sub-No. 1)
    DECISION GRANTED THE MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · COMMON CARRIER OBLIGATION OF RAILROADS--TRANSPORTATION OF HAZARDOUS MATERIALS · decision 39373
11. 25 Sep 2008 AB 1067 (Sub-No. 2X)
    PROVIDED NOTICE THAT GENERAL RAILWAY CORPORATION D/B/A IOWA NORTHWESTERN RAILROAD FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 36.9-MILE LINE OF RAILROAD IN DICKINSON AND OSCEOLA COUNTIES, IA.

    Director Of Proceedings · GENERAL RAILWAY CORPORATION D/B/A IOWA NORTHWESTERN RAILROAD- ABANDONMENT EXEMPTION-IN OSCEOLA AND DICKINSON COUNTIES, IA · decision 39366
12. 24 Sep 2008 FD 35087
    PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.

    Secretary · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 39411
13. 24 Sep 2008 AB 290 (Sub-No. 271X)
    DECISION GRANTED THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION'S REQUEST TO EXTEND THE NEGOTIATION PERIOD TO MARCH 22, 2009.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WYOMING AND GENESEE COUNTIES, NY · decision 39390
14. 23 Sep 2008 AB 565 (Sub-No. 17X)
    DECISION GRANTED DUTCHESS COUNTY'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO MARCH 23, 2009, AND THE AUTHORITY TO ABANDON MUST BE EXERCISED ON OR BEFORE MAY 22, 2009.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC-- ABANDONMENT EXEMPTION--IN DUTCHESS COUNTY, N.Y. · decision 39387
15. 23 Sep 2008 AB 55 (Sub-No. 689X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.―ABANDONMENT EXEMPTION―IN LOGAN COUNTY, WV · decision 39351
16. 22 Sep 2008 EP 290 (Sub-No. 5)
    DECISION APPROVED THE FOURTH QUARTER 2008 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.199, RCAF (ADJUSTED) OF 0.550, AND RCAF-5 OF 0.520 AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS (AAR). THE MATERIALS & SUPPLIES INDEX JUMPED 10.5%, THE LARGEST INCREASE SINCE THE THIRD QUARTER OF 1991. THE SIZE OF THE INCREASE WAS CAUSED BY A 13% AVERAGE INCREASE IN PRICES FOR METAL PRODUCTS, AND MUCH OF THAT CAN BE ATTRIBUTED TO PRICES FOR RAIL. PRICES FOR MISCELLANEOUS PRODUCTS, LED BY BALLAST AND LOCOMOTIVE LUBE OIL, INCREASED BY 7.4%. PRICES FOR FOREST PRODUCTS, WHICH IS NEARLY ALL CROSSTIES, INCREASED 5.1%.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 39381
17. 22 Sep 2008 AB 512-X
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE FEBRUARY 25, 2005 DECISION.

    Director Of Proceedings · SIERRA PACIFIC INDUSTRIES--ABANDONMENT EXEMPTION--IN AMADOR COUNTY, CA · decision 39361
18. 22 Sep 2008 AB 364 (Sub-No. 14X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE JUNE 9, 2008 DECISION SERVED IN THIS PROCEEDING.

    Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN KENT, IONIA, AND MONTCALM COUNTIES, MICH. · decision 39283