Week of 12 Jan 2009

Decisions served

1. 16 Jan 2009 FD 35087
   DECISION DENIED PETITIONS FOR STAY FILED BY THE VILLAGE OF BARRINGTON, WILL COUNTY, IL, THE VILLAGE OF BARTLETT, AND JOINTLY BY UNITED STATES REPRESENTATIVES MELISSA BEAN, PETER VISCLOSKY, DONALD MANZULLO, JUDY BIGGERT, PETER ROSKAM, BILL FOSTER, AND DEBBIE HALVORSON, REQUESTING TO STAY THE EFFECTIVENESS OF DECISION NO. 16 IN THIS PROCEEDING, PENDING JUDICIAL REVIEW.

   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 39656
2. 16 Jan 2009 FD 35210
   PROVIDED NOTICE THAT NICHOLAS B. TEMPLE AND ERIC TEMPLE, COLUMBIA BASIN RAILROAD COMPANY, INC, CENTRAL WASHINGTON RAILROAD COMPANY, AND PORTLAND VANCOUVER JUNCTION RAILROAD, LLC FILED A NOTICE OF EXEMPTION FOR A TRANSACTION WITHIN A CORPORATE FAMILY.

   Director Of Proceedings · NICHOLAS B. TEMPLE, ERIC TEMPLE, COLUMBIA BASIN RAILROAD COMPANY, INC, CENTRAL WASHINGTON RAILROAD COMPANY AND PORTLAND VANCOUVER JUNCTION RAILROAD, LLC-CORPORATE FAMILY TRANSACTION EXEMPTION · decision 39642
3. 16 Jan 2009 AB 290 (Sub-No. 305X)
   DECISION (1) GRANTED AN EXEMPTION TO NORFOLK SOUTHERN RAILWAY COMPANY (NSR) TO ABANDON A 1.80-MILE LINE OF RAILROAD IN SOMERSET COUNTY, PA, SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS; (2) DENIED NSR'S REQUEST FOR AN EXEMPTION FROM THE OFFER OF FINANCIAL ASSISTANCE PROVISIONS OF 49 U.S.C. 10904; AND (3) DENIED AS MOOT NSR'S REQUEST FOR AN EXEMPTION FROM THE PUBLIC USE PROVISIONS OF 49 U.S.C. 10905.

   Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SOMERSET COUNTY, PA · decision 39433
4. 15 Jan 2009 FD 35141
   DECISION DETERMINED THAT: (1) U S RAIL CORPORATION'S REPLY TO THE MOTION TO COMPEL IS DUE FEBRUARY 17, 2009; AND (2) THE TOWN OF BROOKHAVEN'S REPLY TO THE SUPPLEMENTAL PETITION IS DUE MARCH 2, 2009.

   Secretary · U S RAIL CORPORATION--CONSTRUCTION AND OPERATION EXEMPTION--BROOKHAVEN RAIL TERMINAL · decision 39667
5. 15 Jan 2009 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 · 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 39664
6. 15 Jan 2009 FD 35205
   DECISION ISSUED A STAY OF THE EFFECTIVENESS OF THE EXEMPTION IN THIS PROCEEDING, PENDING FURTHER ORDER OF THE BOARD, WITH RESPECT TO THE 3.0 MILES OF INCIDENTAL TRACKAGE RIGHTS OVER TRACK OWNED BY TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION. THE REMAINDER OF THIS EXEMPTION IS PERMITTED TO GO INTO EFFECT ON JANUARY 16, 2009.

   Commissioner · U S RAIL CORPORATION-LEASE AND OPERATION EXEMPTION-WINAMAC SOUTHERN RAILWAY COMPANY AND KOKOMO GRAIN CO., INC. · decision 39663
7. 15 Jan 2009 FD 35205
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) CORRECTED THE NOTICE OF EXEMPTION SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON DECEMBER 31, 2008, AS SET FORTH IN THIS PROCEEDING.

   Director Of Proceedings · U S RAIL CORPORATION-LEASE AND OPERATION EXEMPTION-WINAMAC SOUTHERN RAILWAY COMPANY AND KOKOMO GRAIN CO., INC. · decision 39653
8. 14 Jan 2009 AB 314 (Sub-No. 4X)
   DECISION ISSUED A FINDING OF NO SIGNIFICANT IMPACT UNDER 49 CFR 1105.10(G).

   Director Of Proceedings · CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LINN COUNTY, IA · decision 39666
9. 14 Jan 2009 EP 684
   DECISION PROVIDED NOTICE THAT THE BOARD IS SEEKING COMMENTS ON ITS INTERPRETATION OF THE CLEAN RAILROADS ACT OF 2008 (CRA) AND PROPOSES RULES GOVERNING THE SUBMISSION AND REVIEW OF APPLICATIONS FOR LAND-USE EXEMPTION PERMITS AND RELATED FILINGS UNDER THE CRA.

   Entire Board · SOLID WASTE RAIL TRANSFER FACILITIES · decision 39645
10. 13 Jan 2009 NOR 42112
    DECISION SET A PROCEDURAL SCHEDULE FOR THIS PROCEEDING.

    Secretary · E.I. DU PONT DE NEMOURS & COMPANY V. CSX TRANSPORTATION, INC. · decision 39649
11. 13 Jan 2009 AB 33 (Sub-No. 175X)
    DECISION GRANTED THE IOWA TRAILS COUNCIL'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL FEBRUARY 24, 2009.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN HAMILTON COUNTY, IA · decision 39639
12. 13 Jan 2009 AB 1026-X
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · BELLINGHAM INTERNATIONAL RAILROAD, LLC-ABANDONMENT EXEMPTION-IN WHATCOM COUNTY, WA · decision 39631
13. 12 Jan 2009 AB 33 (Sub-No. 267X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) DETERMINED THAT THE EXEMPTION OF THE ABANDONMENT OF THE RAIL LINE DESCRIBED IN THIS DECISION, COVERED BY THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON DECEMBER 12, 2008, IS SUBJECT TO A CERTAIN CONDITION.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COMANCHE COUNTY, OKLA. · decision 39654