Week of 20 Apr 2009

Decisions served

1. 24 Apr 2009 EP 431 (Sub-No. 3)
   DECISION PROVIDED NOTICE OF A PUBLIC HEARING IN THIS PROCEEDING.

   Secretary · REVIEW OF THE SURFACE TRANSPORTATION BOARD'S GENERAL COSTING SYSTEM · decision 39929
2. 24 Apr 2009 FD 35240
   PROVIDED NOTICE THAT MUSKOGEE CITY-COUNTY PORT AUTHORITY FILED A NOTICE OF EXEMPTION TO OPERATE A 4.7-MILE RAIL LINE IN MUSKOGEE COUNTY, OK.

   Director Of Proceedings · MUSKOGEE CITY-COUNTY PORT AUTHORITY-OPERATION EXEMPTION-A LINE OF RAILROAD IN MUSKOGEE COUNTY, OK · decision 39910
3. 24 Apr 2009 FD 35238
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) AGREED TO GRANT TEMPORARY LOCAL TRACKAGE RIGHTS TO BNSF RAILWAY COMPANY OVER UP LINES BETWEEN: (1) STOCKTON AND ELSEY CA, A DISTANCE OF APPROXIMATELY 126.2 MILES; AND (2) ELSEY AND KEDDIE, CA, A DISTANCE OF 61.3 MILES.

   Director Of Proceedings · BNSF RAILWAY COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 39898
4. 24 Apr 2009 AB 364 (Sub-No. 16X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · MID-MICHIGAN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN MUSKEGON COUNTY, MICH. · decision 39872
5. 23 Apr 2009 AB 303 (Sub-No. 25X)
   DECISION GRANTED THE STOCKBRIDGE-MUNSEE COMMUNITY'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD FOR THE PORTION OF THE RIGHT-OF-WAY FROM MILEPOST 303 TO MILEPOST 306.4 IN SHAWANO COUNTY, WI, UNTIL OCTOBER 21, 2009.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN LANGLADE, MENOMINEE AND SHAWANO COUNTIES, WIS. · decision 39920
6. 23 Apr 2009 FD 35222
   DECISION GRANTED THE MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

   Secretary · NITTANY AND BALD EAGLE RAILROAD COMPANY-TEMPORARY TRACKAGE RIGHTS EXEMPTION-NORFOLK SOUTHERN RAILWAY COMPANY · decision 39890
7. 23 Apr 2009 FD 35222
   PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY (NSR) HAS AGREED TO GRANT TEMPORARY, NON-EXCLUSIVE, OVERHEAD TRACKAGE RIGHTS TO NITTANY AND BALD EAGLE RAILROAD COMPANY OVER A PORTION OVER NSR'S LINE OF RAILROAD BETWEEN LOCK HAVEN, PA, AND DRIFTWOOD, PA, A DISTANCE OF APPROXIMATELY 55 MILES.

   Director Of Proceedings · NITTANY AND BALD EAGLE RAILROAD COMPANY-TEMPORARY TRACKAGE RIGHTS EXEMPTION-NORFOLK SOUTHERN RAILWAY COMPANY · decision 39889
8. 23 Apr 2009 NOR 42113
   DECISION ORDERED A PORTION OF ARIZONA ELECTRIC POWER COOPERATIVE, INC.'S (AEPCO'S) RATE REASONABLENESS COMPLAINT TO BE HELD IN ABEYANCE PENDING A DETERMINATION BY THE U.S. DISTRICT COURT FOR THE DISTRICT OF ARIZONA AS TO WHETHER, AND TO WHAT EXTENT, A RAIL TRANSPORTATION CONTRACT EXISTS BETWEEN UNION PACIFIC RAILROAD COMPANY AND AEPCO FOR TRAFFIC ORIGINATING IN COLORADO AND WYOMING'S SOUTHERN POWDER RIVER BASIN (SPRB). THIS DECISION ALSO MOVED THE COLORADO/SPRB PORTION OF AEPCO'S RATE COMPLAINT TO A SUB-DOCKET OF THIS PROCEEDING AND ORDERED THAT AEPCO'S MOTION TO COMPEL DISCOVERY BE HELD IN ABEYANCE PENDING A BOARD DECISION TO RESUME THE NEWLY SUB-DOCKETED PROCEEDING.

   Entire Board · ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. BNSF RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · also entered in NOR 42113 (Sub-No. 1) · decision 39878
9. 23 Apr 2009 FD 35126
   DECISION DIRECTED PRO-GO CORP. TO SHOW CAUSE WHY THE BOARD SHOULD NOT DISMISS THIS PROCEEDING WITHIN 14 DAYS FROM THE SERVICE DATE OF THIS DECISION.

   Director Of Proceedings · PRO-GO CORP.-OPERATION EXEMPTION-IN SUFFOLK COUNTY, NY · decision 39874
10. 22 Apr 2009 AB 33 (Sub-No. 204X)
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER A 20.67-MILE LINE OF RAILROAD IN WASHINGTON COUNTY, MO.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN WASHINGTON COUNTY, MO · decision 39882
11. 22 Apr 2009 AB 1033-X
    PROVIDED NOTICE THAT MURRAY-CALLOWAY ECONOMIC DEVELOPMENT CORPORATION FILED A NOTICE OF EXEMPTION TO ABANDON A 7.34-MILE LINE OF RAILROAD IN MARSHALL AND CALLOWAY COUNTIES, KY.

    Director Of Proceedings · MURRAY-CALLOWAY ECONOMIC DEVELOPMENT CORPORATION-ABANDONMENT EXEMPTION-IN MARSHALL AND CALLOWAY COUNTIES, KY · decision 39881
12. 22 Apr 2009 FD 35195
    DECISION ISSUED A DECLARATORY ORDER TO REMOVE UNCERTAINTY IN THIS MATTER, PURSUANT TO A PETITION FILED BY THE WISCONSIN DEPARTMENT OF TRANSPORTATION (WISDOT). THIS DECISION ALSO FOUND THAT WISDOT'S PROPOSED ACQUISITION OF THE ASSETS OF AN APPROXIMATELY 10.95-MILE SEGMENT OF RAIL LINE DOES NOT REQUIRE BOARD AUTHORIZATION UNDER 49 U.S.C. 10901 BECAUSE THE TRANSACTION COMPORTS WITH MAINE, DOT-ACQ. EXEMPTION, ME CENTRAL R. CO., 8 I.C.C. 2D 835 (1991) AND ITS PROGENY.

    Entire Board · WISCONSIN DEPARTMENT OF TRANSPORTATION-PETITION FOR DECLARATORY ORDER-RAIL LINE IN SHEBOYGAN COUNTY, WI · decision 39746
13. 22 Apr 2009 FD 35144
    DECISION GRANTED WISCONSIN & SOUTHERN RAILROAD COMPANY'S PETITION FOR EXEMPTION TO ACQUIRE AND OPERATE: (1) A PERMANENT EXCLUSIVE FREIGHT RAIL OPERATING EASEMENT OVER A 10.95-MILE LINE OF RAILROAD THAT IS CURRENTLY OWNED BY UNION PACIFIC RAILROAD COMPANY (UP); AND (2) APPROXIMATELY 1,000 FEET OF UP SPUR TRACK. THE GRANT OF AUTHORITY IS SUBJECT TO EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · WISCONSIN & SOUTHERN RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 39745
14. 20 Apr 2009 FD 35141
    DECISION: (1) GRANTED U S RAIL CORPORATION'S REQUEST TO EXTEND THE DEADLINE FOR FILING A REPLY TO THE MOTION TO COMPEL UNTIL MAY 15, 2009; AND (2) GRANTED THE TOWN OF BROOKHAVEN'S REQUEST TO EXTEND THE DEADLINE TO REPLY TO THE SUPPLEMENTAL PETITION UNTIL JUNE 1, 2009.

    Secretary · U S RAIL CORPORATION--CONSTRUCTION AND OPERATION EXEMPTION--BROOKHAVEN RAIL TERMINAL · decision 39908
15. 20 Apr 2009 AB 364 (Sub-No. 16X)
    PROVIDED NOTICE THAT MID-MICHIGAN RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO ABANDON A 3.35-MILE LINE OF RAILROAD IN MUSKEGON COUNTY, MI.

    Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN MUSKEGON COUNTY, MICH. · decision 39870
16. 20 Apr 2009 AB 290 (Sub-No. 271X)
    DECISION GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT IN THIS PROCEEDING UNTIL MARCH 25, 2010.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WYOMING AND GENESEE COUNTIES, NY · decision 39853