Week of 22 Dec 2008

Decisions served

1. 24 Dec 2008 FD 35208
   PROVIDED NOTICE THAT A. & R. LINE, INC. AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO WINAMC SOUTHERN RAILWAY COMPANY, FOR A DISTANCE OF APPROXIMATELY 3.0 MILES IN CASS COUNTY, IN.

   Director Of Proceedings · WINAMAC SOUTHERN RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--A. & R. LINE, INC. · decision 39605
2. 24 Dec 2008 AB 290 (Sub-No. 210X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FULTON COUNTY, GA. · decision 39593
3. 24 Dec 2008 FD 35087
   DECISION APPROVED, WITH CERTAIN CONDITIONS, THE ACQUISITION OF CONTROL BY CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION OF EJ&E WEST COMPANY, A WHOLLY OWNED, NONCARRIER OF ELGIN, JOLIET AND EASTERN RAILWAY COMPANY.

   Entire Board · 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 39537
4. 23 Dec 2008 AB 43 (Sub-No. 184X)
   DECISION: (1) TOLLED THE TIME PERIOD FOR CHICAGO PORT RAILROAD COMPANY TO FILE AN OFFER OF FINANCIAL ASSISTANCE FROM DECEMBER 24, 2008, UNTIL JANUARY 23, 2009; AND (2) POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION UNTIL FEBRUARY 2, 2009.

   Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COOK COUNTY, ILL. · decision 39625
5. 23 Dec 2008 EP 683
   PROVIDED NOTICE THAT A PUBLIC HEARING WILL BE HELD ON FEBRUARY 11, 2009, IN THIS PROCEEDING.

   Secretary · PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008 · decision 39618
6. 23 Dec 2008 FD 35163
   PROVIDED NOTICE THAT KANSAS CITY SOUTHERN, THE KANSAS CITY SOUTHERN RAILWAY COMPANY, AND THE TEXAS MEXICAN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION FOR A TRANSACTION WITHIN A CORPORATE FAMILY.

   Director Of Proceedings · KANSAS CITY SOUTHERN, THE KANSAS CITY SOUTHERN RAILWAY COMPANY, AND THE TEXAS MEXICAN RAILWAY COMPANY-EXEMPTION FOR TRANSACTIONS WITHIN A CORPORATE FAMILY · decision 39597
7. 23 Dec 2008 AB 364 (Sub-No. 14X)
   DECISION: (1) REOPENED THIS PROCEEDING; (2) VACATED THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT (NITU) SERVED ON JUNE 9, 2008, IN THIS PROCEEDING; 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, IONIA, AND MONTCALM COUNTIES, MICH. · decision 39591
8. 23 Dec 2008 AB 290 (Sub-No. 210X)
   PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 4.30-MILE LINE OF RAILROAD IN FULTON COUNTY, GA.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FULTON COUNTY, GA. · decision 39586
9. 23 Dec 2008 AB 491 (Sub-No. 2X)
   DECISION DETERMINED THAT THE ABANDONMENT IN THIS PROCEEDING WILL HAVE NO SIGNIFICANT EFFECT ON THE QUALITY OF THE HUMAN ENVIRONMENT AND CONSERVATION OF ENERGY RESOURCES OR ON HISTORIC RESOURCES.

   Director Of Proceedings · R.J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES, INC.-ABANDONMENT EXEMPTION-IN CLEARFIELD, JEFFERSON, AND INDIANA COUNTIES, PA · decision 39502
10. 22 Dec 2008 NOR 42106
    DECISION GRANTED A REQUEST TO EXTEND THE TIME TO MEDIATE FOR AN ADDITIONAL 90 DAYS AND HELD THE PROCEDURAL SCHEDULE IN ABEYANCE UNTIL MARCH 19, 2009, WHILE ALTERNATIVE DISPUTE RESOLUTION PROCEDURES ARE ONGOING.

    Secretary · AMEROPAN OIL CORPORATION-PETITION FOR DECLARATORY ORDER-REASONABLENESS OF DEMURRAGE CHARGES · decision 39620
11. 22 Dec 2008 EP 290 (Sub-No. 5)
    DECISION APPROVED THE FIRST QUARTER 2009 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.022, RCAF (ADJUSTED) OF 0.467, AND RCAF-5 OF 0.442 AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS (AAR). IN ADDITION, THIS DECISION FOUND THAT AAR COMPLIED WITH THE PRESCRIBED METHOD. LOCOMOTIVE DIESEL FUEL PRICES FOLLOWED A PATTERN SIMILAR TO CRUDE OIL, FALLING 34% FROM JULY TO OCTOBER. RAILROADS BELIEVE PRICES FOR JANUARY 2009 (Q1) WILL BE 44% BELOW THE FOURTH QUARTER FORECAST.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 39610
12. 22 Dec 2008 FD 35141
    DECISION GRANTED U S RAIL CORPORATION'S REQUEST TO REPLY TO THE MOTION TO COMPEL ON JANUARY 15, 2009, AND THE TOWN OF BROOKHAVEN'S REQUEST TO REPLY TO THE SUPPLEMENTAL PETITION ON JANUARY 29, 2009.

    Secretary · U S RAIL CORPORATION--CONSTRUCTION AND OPERATION EXEMPTION--BROOKHAVEN RAIL TERMINAL · decision 39608
13. 22 Dec 2008 AB 303 (Sub-No. 31X)
    DECISION GRANTED COUNTY OF SAWYER WISCONSIN'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO JUNE 11, 2009.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN SAWYER COUNTY, WIS. · decision 39607
14. 22 Dec 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 JUNE 7, 2009.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN ASHLAND COUNTY, WIS. · decision 39606
15. 22 Dec 2008 FD 35187
    DECISION DENIED THE PETITION OF THE MICHIGAN ECONOMIC DEVELOPMENT CORPORATION TO STAY THE EXEMPTION NOTICED IN STB DOCKET NO. 35187.

    Commissioner · GRAND ELK RAILROAD, L.L.C.-LEASE AND OPERATION EXEMPTION-NORFOLK SOUTHERN RAILWAY COMPANY · decision 39604
16. 22 Dec 2008 NOR 42110
    DECISION DENIES: (1) SEMINOLE ELECTRIC COOPERATIVE, INC.'S (SECI) REQUEST FOR INJUNCTIVE RELIEF; AND (2) SECI'S MOTION TO STRIKE PORTIONS OF CSX TRANSPORTATION, INC.'S REPLY TO THE PETITION FOR INJUNCTIVE RELIEF IN THIS PROCEEDING.

    Entire Board · SEMINOLE ELECTRIC COOPERATIVE, INC. V. CSX TRANSPORTATION, INC. · decision 39498