Week of 29 Dec 2008

Decisions served

1. 31 Dec 2008 FD 35207
   PROVIDED NOTICE THAT MORRISTOWN & ERIE RAILWAY INC., D/B/A STOURBRIDGE RAILWAY FILED A NOTICE OF EXEMPTION TO (1) OPERATE APPROXIMATELY 24.80 MILES OF RAIL LINE IN PIKE AND WAYNE COUNTIES, PA; AND (2) HAVE EXCLUSIVE PASSENGER OPERATING RIGHTS OVER THE LINE.

   Director Of Proceedings · MORRISTOWN & ERIE RAILWAY INC., D/B/A STOURBRIDGE RAILWAY--OPERATION EXEMPTION--STOURBRIDGE RAILROAD COMPANY · decision 39619
2. 31 Dec 2008 AB 55 (Sub-No. 692X)
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A NOTICE OF EXEMPTION TO ABANDON A 1.06-MILE LINE OF RAILROAD, KNOWN AS THE WURLITZER INDUSTRIAL TRACK IN NIAGARA COUNTY, NY.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN NIAGARA COUNTY, NY · decision 39609
3. 31 Dec 2008 MCF 21031
   PROVIDED NOTICE THAT NATIONAL EXPRESS CORPORATION FILED A NOTICE OF EXEMPTION UNDER THE BOARD'S CLASS EXEMPTION PROCEDURES AT 49 CFR 1182.9

   Director Of Proceedings · NATIONAL EXPRESS CORPORATION--INTRA-CORPORATE FAMILY TRANSACTION EXEMPTION · decision 39590
4. 31 Dec 2008 FD 35205
   PROVIDED NOTICE THAT U S RAIL CORPORATION FILED A NOTICE OF EXEMPTION TO ACQUIRE BY LEASE AND TO OPERATE APPROXIMATELY 58.89 MILES OF RAIL LINES OWNED BY WINAMAC SOUTHERN RAILWAY COMPANY AND KOKOMO GRAIN CO., INC., LOCATED IN INDIANA.

   Director Of Proceedings · U S RAIL CORPORATION-LEASE AND OPERATION EXEMPTION-WINAMAC SOUTHERN RAILWAY COMPANY AND KOKOMO GRAIN CO., INC. · decision 39589
5. 30 Dec 2008 FD 35187
   DECISION GRANTED A MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

   Secretary · GRAND ELK RAILROAD, L.L.C.-LEASE AND OPERATION EXEMPTION-NORFOLK SOUTHERN RAILWAY COMPANY · also entered in FD 35188 · decision 39638
6. 30 Dec 2008 AB 565 (Sub-No. 7X)
   DECISION GRANTED THE GEORGETOWN AND HIGH LINE RAILWAY COMPANY, LLC'S AND CSX TRANSPORTATION, INC.'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO JUNE 2, 2009.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN SUFFOLK COUNTY, MA · decision 39584
7. 30 Dec 2008 FD 35177
   DECISION GRANTED GENESEE & WYOMING INC.'S REQUEST FOR A PETITION FOR AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323, ET SEQ., TO ACQUIRE CONTROL OF SUMMIT VIEW, INC., AND THEREBY TO ACQUIRE CONTROL OF 10 CLASS III RAILROADS (OHIO CENTRAL RAILROADS) CONTROLLED BY SUMMIT VIEW, SUBJECT TO EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · GENESEE & WYOMING INC.-CONTROL EXEMPTION-ALIQUIPPA & OHIO RIVER RAILROAD CO.,THE COLUMBUS AND OHIO RIVER RAIL ROAD COMPANY, THE MAHONING VALLEY RAILWAY COMAPANY, OHIO AND PENNSYLVANIA RAILROAD COMPANY, OHIO CENTRAL RAILROAD, INC., THE PITTSBURGH & OHIO CENTRAL RAILROAD COMPANY, OHIO SOUTHERN RAILROAD, INC., YOUNGSTOWN & AUSTINTOWN RAILROAD, INC., THE YOUNGSTOWN BELT RAILROAD COMPANY, AND THE WARREN & TRUMBULL RAILROAD COMPANY · decision 39440
8. 29 Dec 2008 FD 35087
   DECISION PROVIDED NOTICE TO THE PARTIES OF CORRECTIONS TO THE BOARD'S DECISION NO. 16 IN THIS PROCEEDING.

   Secretary · 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 39641
9. 29 Dec 2008 AB 6 (Sub-No. 435X)
   DECISION GRANTED BNSF RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO FILE A NOTICE OF CONSUMMATION UNTIL JUNE 30, 2009, FOR THE ABANDONMENT OF THE PORTION OF RAILROAD DESCRIBED IN THIS DECISION.

   Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN ROCK ISLAND AND WHITESIDE COUNTIES, IL · decision 39633
10. 29 Dec 2008 AB 853 (Sub-No. 1X)
    DECISION: (1) REOPENED THIS PROCEEDING; (2) VACATED THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT (NITU) SERVED ON MARCH 7, 2008; AND (3) GRANTED A NEW NITU IN THIS PROCEEDING.

    Director Of Proceedings · KANSAS & OKLAHOMA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN HODGEMAN, COMANCHE, KIOWA, AND PRATT COUNTIES, KS · decision 39614
11. 29 Dec 2008 FD 35157
    DECISION GRANTED A MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · THE CITY OF ALEXANDRIA, VIRGINIA-PETITION FOR DECLARATORY ORDER · decision 39598