Week of 27 Oct 2008

Decisions served

1. 31 Oct 2008 FD 35057
   PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.

   Secretary · TOWN OF BABYLON AND PINELAWN CEMETERY--PETITION FOR DECLARATORY ORDER · decision 39486
2. 31 Oct 2008 FD 35106
   PROVIDED NOTICE OF A PUBLIC HEARING TO ALLOW COMMENTS ON THE APPLICATION IN THIS PROCEEDING.

   Secretary · UNITED STATES DEPARTMENT OF ENERGY--RAIL CONSTRUCTION AND OPERATION--CALIENTE RAIL LINE IN LINCOLN, NYE, AND ESMERALDA COUNTIES, NEV. · decision 39481
3. 31 Oct 2008 FD 35186
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY AGREED TO GRANT UNION PACIFIC RAILROAD COMPANY OVERHEAD TRACKAGE RIGHTS BETWEEN ST. LOUIS, MO AND PACIFIC, MO, A DISTANCE OF 32 MILES.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 39475
4. 31 Oct 2008 AB 994-X
   DECISION EXTENDED THE FERRY COUNTY BOARD OF COMMISSIONERS' REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL DECEMBER 19, 2008.

   Director Of Proceedings · KETTLE FALLS INTERNATIONAL RAILWAY, LLC--ABANDONMENT EXEMPTION--IN FERRY COUNTY, WA · decision 39469
5. 31 Oct 2008 AB 33 (Sub-No. 253X)
   DECISION GRANTED THE METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TX'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL DECEMBER 31, 2008.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COLORADO AND WHARTON COUNTIES, TX · decision 39466
6. 31 Oct 2008 AB 515 (Sub-No. 2)
   DECISION GRANTED THE APPLICATION OF THE CENTRAL OREGON & PACIFIC RAILROAD, INC. (CORP) FOR AUTHORITY TO ABANDON AND DISCONTINUE SERVICE OVER PORTIONS OF ITS COOS BAY SUBDIVISION, BUT IT CONDITIONS THE GRANT OF AUTHORITY ON CORP'S COMPLIANCE WITH LABOR AND ENVIRONMENTAL CONDITIONS AND ENSURING THAT THE ABANDONMENT WILL NOT CREATE STRANDED SEGMENTS. IN ADDITION, THIS DECISION PROHIBITED THE CARRIER FROM CONSUMMATING THE ABANDONMENT UNLESS AND UNTIL THE RELATED FEEDER LINE PROCEEDING ENDS WITHOUT A SALE. THE BOARD ALSO ORDERED THAT THE DEADLINE FOR FILING OFFERS OF FINANCIAL ASSISTANCE WILL BE TOLLED AND THAT IT WILL NOT CONSIDER ANY SUCH OFFERS, OR ANY PUBLIC USE OR TRAIL USE REQUESTS, UNLESS THE FEEDER LINE PROCEEDING ENDS WITHOUT A SALE.

   Entire Board · CENTRAL OREGON & PACIFIC RAILROAD, INC.-ABANDONMENT AND DISCONTINUANCE OF SERVICE-IN COOS, DOUGLAS, AND LANE COUNTIES, OR · decision 39439
7. 31 Oct 2008 FD 35160
   DECISION GRANTED OREGON INTERNATIONAL PORT OF COOS BAY'S (THE PORT) FEEDER LINE APPLICATION TO PURCHASE A 111-MILE RAIL LINE FROM DANEBO, OR, TO CORDES, OR, FROM THE CENTRAL OREGON & PACIFIC RAILROAD, INC. IN ADDITION, THIS DECISION DIRECTED THE PORT TO SUBMIT BY NOVEMBER 5, 2008, AN UPDATED NET SALVAGE VALUE ESTIMATE OF THE LINE USING THE QUANTITIES USED TO CALCULATE ITS ESTIMATE SUBMITTED SEPTEMBER 12, 2008, AND THE AMERICAN METALS MARKET STEEL PRICES OF TODAY. ALSO, THIS DECISION DENIED THE PORT'S REQUEST FOR AN ESCROW ACCOUNT.

   Entire Board · OREGON INTERNATIONAL PORT OF COOS BAY--FEEDER LINE APPLICATION--COOS BAY LINE OF THE CENTRAL OREGON & PACIFIC RAILROAD, INC. · decision 39410
8. 29 Oct 2008 AB 364 (Sub-No. 12X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE APRIL 4, 2008 DECISION.

   Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN KENT AND IONIA COUNTIES, MI · decision 39493
9. 29 Oct 2008 AB 364 (Sub-No. 12X)
   DECISION: (1) REOPENED THIS PROCEEDING; (2) VACATED THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT (NITU) SERVED ON APRIL 4, 2008; AND (3) ISSUED A NEW NITU DESIGNATING FRED MEIJER HEARTLAND TRAIL AS THE TRAIL PROPONENT.

   Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN KENT AND IONIA COUNTIES, MI · decision 39454
10. 28 Oct 2008 AB 167 (Sub-No. 1185X)
    DECISION REOPENED THIS PROCEEDING AND MODIFIED THE SECTION 106 CONDITION AS SET FORTH IN THIS PROCEEDING.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN MERCER COUNTY, NJ · decision 39445
11. 28 Oct 2008 AB 43 (Sub-No. 184X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · ILLINOIS CENTRAL RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COOK COUNTY, ILL. · decision 39348
12. 27 Oct 2008 FD 35045
    DECISION GRANTED WISCONSIN CENTRAL LTD., DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY, AND DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY'S (CN) MOTION TO CONTINUE TO HOLD CONSIDERATION OF THE PETITION TO REVOKE IN THESE PROCEEDINGS IN ABEYANCE UNTIL OCTOBER 28, 2008, AND EXTENDED THE DUE DATE FOR CN TO FILE REPLY TO THE PETITION TO REVOKE UNTIL OCTOBER 28, 2008.

    Secretary · DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY--AMENDED TRACKAGE RIGHTS EXEMPTION--DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY · also entered in FD 35046, FD 35047, FD 35048, FD 35049, FD 35050 · decision 39461
13. 27 Oct 2008 AB 6 (Sub-No. 464X)
    DECISION REOPENED THIS PROCEEDING AND DETERMINED THAT THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON SEPTEMBER 26, 2008, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING BE SUBJECT TO CERTAIN CONDITIONS THAT BNSF RAILWAY COMPANY SHALL FOLLOW.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KING COUNTY, WA · decision 39428
14. 27 Oct 2008 AB 6 (Sub-No. 463X)
    DECISION REOPENED THIS PROCEEDING AND DETERMINED THAT THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON SEPTEMBER 26, 2008, EXEMPTING THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING BE SUBJECT TO CERTAIN CONDITIONS THAT BNSF RAILWAY COMPANY SHALL FOLLOW.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KING COUNTY, WASH. · decision 39427
15. 27 Oct 2008 FD 35128
    DECISION GRANTED THE MOTION OF THE PORT OF SEATTLE TO DISMISS THE NOTICE OF EXEMPTION TO ACQUIRE FROM BNSF RAILWAY COMPANY APPROXIMATELY 14.45 MILES OF RAIL LINE, INCLUDING RIGHT-OF-WAY, TRACK, AND OTHER PROPERTY AND PHYSICAL ASSETS, IN KING COUNTY AND SNOHOMISH COUNTY, WA.

    Entire Board · THE PORT OF SEATTLE-ACQUISITION EXEMPTION-CERTAIN ASSETS OF BNSF RAILWAY COMPANY · decision 39117