Week of 18 May 2009

Decisions served

1. 22 May 2009 FD 35126
   DECISION: (1) DISMISSED WITH PREJUDICE THE NOTICE OF EXEMPTION FILED BY PRO-GO ON FEBRUARY 28, 2008, IN THIS PROCEEDING; AND (2) TERMINATED THIS PROCEEDING.

   Secretary · PRO-GO CORP.-OPERATION EXEMPTION-IN SUFFOLK COUNTY, NY · decision 39976
2. 22 May 2009 AB 55 (Sub-No. 675X)
   DECISION: (1) GRANTED THE REQUEST TO EXTEND THE INTERIM TRAIL USE NEGOTIATING PERIOD TO SEPTEMBER 28, 2009; AND (2) GRANTED THE REQUEST TO EXTEND THE TIME TO CONSUMMATE THE ABANDONMENT AND FILE A NOTICE OF CONSUMMATION UNTIL ON OR BEFORE NOVEMBER 27, 2009.

   Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN WARE COUNTY, GA. · decision 39974
3. 21 May 2009 AB 33 (Sub-No. 260X)
   DECISION GRANTED NEBRASKA TRAILS FOUNDATION, INC.'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATION PERIOD TO APRIL 20, 2009.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN DOUGLAS AND SARPY COUNTIES, NEB. · decision 39984
4. 21 May 2009 EP 690
   PROVIDED NOTICE THAT A PUBLIC HEARING WILL BE HELD ON JULY 8, 2009, TO EXAMINE THE IMPACT, EFFECTIVENESS, AND FUTURE OF RAIL BANKING UNDER SECTION 8(D) OF THE NATIONAL TRAILS SYSTEM ACT.

   Secretary · TWENTY-FIVE YEARS OF RAIL BANKING: A REVIEW AND LOOK AHEAD · decision 39979
5. 21 May 2009 AB 1033-X
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON APRIL 22, 2009, IN THIS PROCEEDING.

   Director Of Proceedings · MURRAY-CALLOWAY ECONOMIC DEVELOPMENT CORPORATION-ABANDONMENT EXEMPTION-IN MARSHALL AND CALLOWAY COUNTIES, KY · decision 39956
6. 21 May 2009 AB 55 (Sub-No. 694X)
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A PETITION FOR EXEMPTION TO ABANDON A 6.4-MILE RAIL LINE, KNOWN AS THE ATHENS BRANCH, IN MCMINN COUNTY, TN.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MCMINN COUNTY, TENN. · decision 39955
7. 20 May 2009 AB 33 (Sub-No. 267X)
   DECISION: (1) REOPENED THIS PROCEEDING, (2) DENIED THE CITY OF LAWTON'S (THE CITY) REQUEST FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE; AND (3) GRANTED THE CITY'S REQUEST FOR IMPOSITION OF A PUBLIC USE CONDITION.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COMANCHE COUNTY, OKLA. · decision 39728
8. 20 May 2009 FD 35164
   DECISION GRANTED, IN PART, BNSF RAILWAY COMPANY'S (BNSF) PETITION TO ISSUE A DECLARATORY ORDER AND GRANTED EXEMPTIONS FROM PROVISIONS 49 U.S.C. 10903, 49 U.S.C. 10904, AND 49 U.S.C. 10905 TO PERMIT BNSF TO ABANDON A 1.7-MILE SEGMENT OF RAIL LINE.

   Entire Board · BNSF RAILWAY COMPANY--PETITION FOR DECLARATORY ORDER · also entered in AB 6 (Sub-No. 430X) · decision 39613
9. 20 May 2009 FD 34943
   DECISION: (1) DENIED A PETITION BY SEVERAL LANDOWNERS FOR RECONSIDERATION OF A MARCH 19, 2009 DECISION IN THIS PROCEEDING; AND (2) GRANTED A REQUEST FOR A NOTICE OF INTERIM TRAIL USE FOR A MAJORITY OF A 25-MILE RAIL LINE FROM YEMASSEE, SC, TO PORT ROYAL, SC.

   Entire Board · BEAUFORT RAILROAD COMPANY, INC.--MODIFIED RAIL CERTIFICATE · decision 39053
10. 19 May 2009 AB 55 (Sub-No. 687X)
    DECISION: (1) GRANTED THE CITY OF COLLEGE PARK'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD TO SEPTEMBER 9, 2009; AND (2) GRANTED CSX TRANSPORTATION, INC.'S REQUEST TO EXTEND THE TIME TO CONSUMMATE THE ABANDONMENT AND FILE A NOTICE OF CONSUMMATION ON OR BEFORE NOVEMBER 7, 2009.

    Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN FULTON AND CLAYTON COUNTIES, GA · decision 39966
11. 19 May 2009 AB 364 (Sub-No. 16X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON APRIL 20, 2009, IN THIS PROCEEDING.

    Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN MUSKEGON COUNTY, MICH. · decision 39926
12. 19 May 2009 AB 1023 (Sub-No. 1X)
    DECISION GRANTED PUGET SOUND & PACIFIC RAILROAD COMPANY'S PETITION FOR EXEMPTION TO ABANDON AN 8,344-FOOT LONG RAIL LINE IN GRAYS HARBOR COUNTY, WA, SUBJECT TO ENVIRONMENTAL, HISTORIC PRESERVATION, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · PUGET SOUND & PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN GRAYS HARBOR COUNTY, WASH. · decision 39707
13. 18 May 2009 MCF 4901
    DECISION PROVIDED NOTICE THAT THE BOARD SEEKS PUBLIC COMMENT ON THE APPLICATION OF UNITED VAN LINES, LLC AND AFFILIATED MOTOR CARRIERS FOR APPROVAL UNDER 49 U.S.C. 14302 OF REVISIONS TO ITS POOLING AGREEMENT.

    Entire Board · UNITED VAN LINES, LLC--POOLING AGREEMENT · also entered in MCF 6152 · decision 39837
14. 18 May 2009 MCF 17950
    DECISION PROVIDED NOTICE THAT THE BOARD SEEKS PUBLIC COMMENT ON THE APPLICATION OF MAYFLOWER TRANSIT, LLC AND AFFILIATED MOTOR CARRIERS FOR APPROVAL UNDER 49 U.S.C. 14302 OF REVISIONS TO ITS POOLING AGREEMENT.

    Entire Board · MAYFLOWER TRANSIT, LLC --POOLING AGREEMENT · decision 39694
15. 18 May 2009 FD 35161
    DECISION DENIED JOSEPH R. FOX'S PETITION FOR INSTITUTION OF A DECLARATORY ORDER PROCEEDING BECAUSE BASED ON THE PLEADINGS SUBMITTED, THE RAIL LINE AT ISSUE HAS NOT BEEN TAKEN OUT OF THE NATIONAL RAIL SYSTEM AND REMAINS WITHIN THE BOARD'S JURISDICTION.

    Entire Board · JOSEPH R. FOX--PETITION FOR DECLARATORY ORDER · decision 39168