Week of 29 Sep 2008

Decisions served

1. 3 Oct 2008 AB 384 (Sub-No. 1X)
   DECISION GRANTED DELTA SOUTHERN RAILROAD, INC.'S REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT FOR THE 8.2-MILE SEGMENT IN THIS PROCEEDING UNTIL APRIL 5, 2009.

   Director Of Proceedings · DELTA SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--BETWEEN LAKE VILLAGE, ARK., AND SHELBURN, LA. · decision 39423
2. 3 Oct 2008 AB 6 (Sub-No. 464X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KING COUNTY, WA · decision 39398
3. 3 Oct 2008 FD 35174
   PROVIDED NOTICE THAT WATCO COMPANIES, INC. FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF PACIFIC SUN RAILROAD, L.L.C. UPON PSRR'S BECOMING A CLASS III RAIL CARRIER.

   Director Of Proceedings · WATCO COMPANIES, INC.-CONTINUANCE IN CONTROL EXEMPTION-PACIFIC SUN RAILROAD, L.L.C. · decision 39395
4. 3 Oct 2008 FD 35173
   PROVIDED NOTICE THAT (1) PACIFIC SUN RAILROAD, L.L.C. (PSRR) FILED A NOTICE OF EXEMPTION TO ACQUIRE, BY LEASE, AND TO OPERATE APPROXIMATELY 21.5 MILES OF BNSF RAILWAY COMPANY'S (BNSF) RAIL LINES AND FREIGHT RAIL EASEMENT IN CALIFORNIA; AND (2) BNSF WILL GRANT PSRR INCIDENTAL TRACKAGE RIGHTS TO PROVIDE LOCAL SERVICE OVER BNSF'S APPROXIMATELY 45.49-MILE RESERVED RAIL FREIGHT SERVICE EASEMENT ON THE SAN DIEGO SUBDIVISION.

   Director Of Proceedings · PACIFIC SUN RAILROAD, L.L.C.-LEASE AND OPERATION EXEMPTION-BNSF RAILWAY COMPANY · decision 39394
5. 3 Oct 2008 AB 6 (Sub-No. 463X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KING COUNTY, WASH. · decision 39392
6. 3 Oct 2008 AB 55 (Sub-No. 688X)
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A NOTICE OF EXEMPTION TO ABANDON A 1.01-MILE LINE OF RAILROAD, KNOWN AS THE ARLINGTON INDUSTRIAL TRACK, IN MARION COUNTY, IN.

   Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN MARION COUNTY, IN · decision 39383
7. 3 Oct 2008 FD 35176
   DECISION GRANTED A PETITION FOR WAIVER OF 49 CFR 1150.42(E) FILED BY GEORGIA SOUTHWESTERN RAILROAD, INC., TO PERMIT THE EXEMPTION IT IS SEEKING TO BECOME EFFECTIVE WITHOUT PROVIDING THE FULL 60-DAY ADVANCE NOTICE TO EMPLOYEES WHO MAY BE AFFECTED BY THE PLANNED ACQUISITION AND CONTINUED OPERATION OF A LINE OF RAILROAD AND TO THE NATIONAL OFFICES OF THE EMPLOYEES' LABOR UNIONS.

   Entire Board · GEORGIA SOUTHWESTERN RAILROAD, INC.-ACQUISITION EXEMPTION-CSX TRANSPORTATION, INC. · decision 39375
8. 3 Oct 2008 FD 34936
   DECISION INSTITUTED A PROCEEDING UNDER 49 U.S.C. 10502(B).

   Secretary · PORT OF MOSES LAKE-CONSTRUCTION EXEMPTION-MOSES LAKE, WASH. · also entered in FD 34936 (Sub-No. 1) · decision 39339
9. 2 Oct 2008 AB 471 (Sub-No. 3X)
   DECISION GRANTED SOUTH KANSAS AND OKLAHOMA RAILROAD, INC.'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE/RAIL BANKING NEGOTIATING PERIOD TO JANUARY 18, 2009.

   Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN CHEROKEE AND ALLEN COUNTIES, KS · decision 39424
10. 2 Oct 2008 AB 471 (Sub-No. 1X)
    DECISION GRANTED SOUTH KANSAS AND OKLAHOMA RAILROAD, INC.'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE/RAIL BANKING NEGOTIATING PERIOD TO JANUARY 18, 2009.

    Director Of Proceedings · SOUTH KANSAS AND OKLAHOMA RAILROAD, INC. -- ABANDONMENT EXEMPTION -- IN NEOSHO AND WILSON COUNTIES, KS · decision 39422
11. 2 Oct 2008 AB 6 (Sub-No. 445X)
    DECISION GRANTED BNSF RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT UNTIL ON OR BEFORE OCTOBER 6, 2009.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN CASCADE COUNTY, MONT. · decision 39420
12. 2 Oct 2008 NOR 42105
    DECISION GRANTED DAIRYLAND POWER COOPERATIVE AND UNION PACIFIC RAILROAD COMPANY'S JOINT PETITION TO HOLD THIS PROCEEDING IN ABEYANCE.

    Secretary · DAIRYLAND POWER COOPERATIVE V. UNION PACIFIC RAILROAD COMPANY · decision 39418
13. 2 Oct 2008 AB 55 (Sub-No. 613X)
    DECISION: (1) GRANTED THE REQUESTS BY THE CITY OF FULTONDALE, AL FOR AN EXTENSION OF THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO MARCH 25, 2009; AND (2) GRANTED CSX TRANSPORTATION, INC.'S REQUEST TO EXTEND THE TIME TO EXERCISE ABANDONMENT AUTHORITY UNTIL MAY 24, 2009.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, ALA. · decision 39416
14. 2 Oct 2008 FD 35164
    DECISION PROVIDED NOTICE THAT THE BOARD IS INSTITUTING A DECLARATORY ORDER PROCEEDING TO DETERMINE WHETHER WHAT BNSF RAILWAY COMPANY CHARACTERIZES AS TWO TRACK RELOCATION PROJECTS IN OKLAHOMA CITY, OK, ARE SUBJECT TO THE BOARD'S JURISDICTION AND REQUIRE PRIOR BOARD APPROVAL.

    Director Of Proceedings · BNSF RAILWAY COMPANY--PETITION FOR DECLARATORY ORDER · decision 39227
15. 1 Oct 2008 AB 6 (Sub-No. 458X)
    DECISION GRANTED BNSF RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT UNTIL OCTOBER 1, 2009.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN LOGAN COUNTY, CO · decision 39415
16. 1 Oct 2008 AB 55 (Sub-No. 656X)
    DECISION: (1) GRANTED CSX TRANSPORTATION, INC.'S (CSXT) REQUEST FOR AN EXTENSION OF THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL MARCH 20, 2009; AND (2) GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY UNTIL JUNE 19, 2009.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MARION COUNTY, W. VA. · decision 39413
17. 30 Sep 2008 AB 286 (Sub-No. 5X)
    DECISION DENIED A PETITION FILED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION TO STAY THE EFFECTIVE DATE OF THE EXEMPTION IN THIS PROCEEDING.

    Commissioner · THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORPORATION-DISCONTINUANCE OF SERVICE EXEMPTION-IN BROOME AND CHENANGO COUNTIES, NY · decision 39396
18. 30 Sep 2008 AB 1067 (Sub-No. 2X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · GENERAL RAILWAY CORPORATION D/B/A IOWA NORTHWESTERN RAILROAD- ABANDONMENT EXEMPTION-IN OSCEOLA AND DICKINSON COUNTIES, IA · decision 39359
19. 30 Sep 2008 FD 35081
    DECISION APPROVED THE ACQUISITION BY SOO LINE HOLDING COMPANY (SOO HOLDING) OF CONTROL OF DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION AND ITS WHOLLY OWNED RAIL SUBSIDIARY, IOWA, CHICAGO & EASTERN RAILROAD CORPORATION, SUBJECT TO CERTAIN LABOR PROTECTIVE, ENVIRONMENTAL AND HISTORIC PRESERVATION CONDITIONS. ALSO, THIS DECISION REQUIRES SOO HOLDING TO ADHERE TO THE REPRESENTATIONS THAT THEY WILL KEEP ALL GATEWAYS AFFECTED BY THE CONTROL TRANSACTION OPEN ON COMMERCIALLY REASONABLE TERMS.

    Entire Board · CANADIAN PACIFIC RAILWAY COMPANY, ET AL. - CONTROL - DAKOTA, MINNESOTA & EASTERN RAILROAD CORP., ET AL. · decision 39346
20. 30 Sep 2008 AB 1020-X
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · EAST PENN RAILROAD, LLC-ABANDONMENT EXEMPTION-IN BERKS AND MONTGOMERY COUNTIES, PA · decision 39265