Week of 9 Mar 2009

Decisions served

1. 13 Mar 2009 FD 35175
   DECISION EXTENDED THE DUE DATED FOR SUPPLEMENTAL STATEMENTS AND REPLIES TO MARCH 31, 2009, AND APRIL, 10, 2009, RESPECTIVELY.

   Secretary · ROSEBURG FOREST PRODUCTS CO., TIMBER PRODUCTS COMPANY, L.P., SUBURBAN PROPANE, L.P., COWLEY D&L, INC., SOUSA AG SERVICE, AND YREKA WESTERN RAILROAD COMPANY--ALTERNATIVE RAIL SERVICE--CENTRAL OREGON & PACIFIC RAILROAD, INC. · also entered in EP 346 (Sub-No. 25C) · decision 39805
2. 13 Mar 2009 FD 35215
   DECISION HELD THIS PROCEEDING IN ABEYANCE PENDING FURTHER ORDER OF THE BOARD.

   Director Of Proceedings · NATIONAL RAILROAD PASSENGER CORPORATION-APPLICATION UNDER 49 U.S.C. 24311(c) TO CONDEMN CERTAIN RAIL CARRIER PROPERTY IN ATLANTA, FULTON COUNTY, GA-NORFOLK SOUTHERN RAILWAY COMPANY · also entered in AB 290 (Sub-No. 210X) · decision 39795
3. 13 Mar 2009 FD 35224
   PROVIDED NOTICE THAT ELGIN, JOLIET & EASTERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION FOR AN INTRA-CORPORATE FAMILY LEASE OF A LINE OF RAILROAD OF ILLINOIS CENTRAL RAILROAD COMPANY IN WILL COUNTY, IL.

   Director Of Proceedings · ELGIN, JOLIET & EASTERN RAILWAY COMPANY-INTRA-CORPORATE FAMILY LEASE EXEMPTION-ILLINOIS CENTRAL RAILROAD COMPANY · decision 39775
4. 13 Mar 2009 FD 35223
   PROVIDED NOTICE THAT PURSUANT TO A WRITTEN TRACKAGE RIGHTS AGREEMENT BETWEEN ILLINOIS CENTRAL RAILROAD COMPANY (IC) AND WISCONSIN CENTRAL LTD. (WC), IC HAS AGREED TO GRANT NON-EXCLUSIVE OVERHEAD AND INTERCHANGE TRACKAGE RIGHTS TO WC OVER IC'S LINE OF RAILROAD BETWEEN UNIVERSITY PARK, IL AND HARVEY, IL, A DISTANCE OF APPROXIMATELY 11.5 MILES.

   Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY-TRACKAGE RIGHTS EXEMPTION-WISCONSIN CENTRAL LTD. · decision 39770
5. 13 Mar 2009 AB 33 (Sub-No. 272X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN KOOTENAI COUNTY, IDAHO · decision 39682
6. 12 Mar 2009 NOR 42088
   PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.

   Secretary · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · decision 39804
7. 12 Mar 2009 AB 33 (Sub-No. 230X)
   PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.

   Secretary · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN LASSEN COUNTY, CA, AND WASHOE COUNTY, NV · decision 39798
8. 12 Mar 2009 FD 35160
   DECISION: (1) DENIED THE OREGON INTERNATIONAL PORT OF COOS BAY'S (THE PORT) PETITION FOR RECONSIDERATION; AND (2) GRANTED A PETITION FOR TECHNICAL CORRECTION FILED BY THE PORT, WHICH ADJUSTS THE CONSTITUTIONAL MINIMUM VALUE OF THE LINE TO $16,585,760.

   Entire Board · OREGON INTERNATIONAL PORT OF COOS BAY--FEEDER LINE APPLICATION--COOS BAY LINE OF THE CENTRAL OREGON & PACIFIC RAILROAD, INC. · decision 39644
9. 11 Mar 2009 AB 290 (Sub-No. 300X)
   PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 1.81-MILE LINE OF RAILROAD IN WISE COUNTY, VA.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN WISE COUNTY, VA · decision 39760
10. 11 Mar 2009 FD 34554 (Sub-No. 11)
    DECISION REVOKED THE CLASS EXEMPTION AS IT PERTAINS TO THE MODIFIED TRACKAGE RIGHTS DESCRIBED IN STB FINANCE DOCKET NO. 34554 (SUB-NO. 10) TO PERMIT THE TRACKAGE RIGHTS TO EXPIRE ON OR ABOUT DECEMBER 31, 2009, IN ACCORDANCE WITH THE AGREEMENT OF UNION PACIFIC RAILROAD COMPANY, AND BNSF RAILWAY COMPANY, SUBJECT TO EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 39636
11. 10 Mar 2009 FD 35219
    DECISION GRANTED THE MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

    Secretary · UNION PACIFIC RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER · decision 39759
12. 10 Mar 2009 FD 35219
    DECISION INSTITUTES A DECLARATORY ORDER PROCEEDING AND REQUEST PUBLIC COMMENTS.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER · decision 39758
13. 10 Mar 2009 FD 35147
    DECISION APPROVED THE JOINT CONTROL AND OWNERSHIP OF PAN AM SOUTHERN LLC, A NEW RAIL CARRIER, BY NORFOLK SOUTHERN RAILWAY COMPANY, PAN AM RAILWAYS, INC., AND TWO OF ITS RAIL CARRIER SUBSIDIARIES, BOSTON AND MAINE CORPORATION AND SPRINGFIELD TERMINAL RAILWAY COMPANY, AND THE RELATED OPERATION AGREEMENTS, SUBJECT TO SEVERAL LABOR PROTECTION, ENVIRONMENTAL PROTECTION, AND OTHER CONDITIONS. HOWEVER, THE BOARD DENIED THE REQUEST FOR POOLING AUTHORITY UNDER 49 U.S.C. 11322.

    Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY, PAN AM RAILWAYS, INC., ET AL.-JOINT CONTROL AND OPERATING/POOLING AGREEMENTS-PAN AM SOUTHERN LLC · also entered in FD 35147 (Sub-No. 1), FD 35147 (Sub-No. 2), FD 35147 (Sub-No. 3) · decision 39179
14. 9 Mar 2009 NOR 42088
    DECISION DENIED BNSF RAILWAY COMPANY'S REQUEST TO FILE A PETITION FOR STAY PENDING JUDICIAL REVIEW IN THIS PROCEEDING, BUT GRANTED A MORE LIMITED, ONE-DAY EXTENSION UNTIL MARCH 11, 2009.

    Secretary · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · decision 39796