Week of 8 Jun 2009

Decisions served

1. 12 Jun 2009 NOR 42099
   DECISION GRANTED THE JOINT MOTION TO HOLD THE PROCEDURAL SCHEDULE IN ABEYANCE UNTIL JULY 10, 2009, IN THESE PROCEEDINGS.

   Secretary · E.I. DUPONT DE NEMOURS AND COMPANY V. CSX TRANSPORTATION, INC. · also entered in NOR 42100, NOR 42101 · decision 40031
2. 12 Jun 2009 FD 35164
   DECISION: (1) DENIED JOHN KESSLER'S (KESSLER) REQUEST TO TREAT HIS PETITION FOR RECONSIDERATION OF THE DECISION SERVED ON MAY 20, 2009, AS AN APPEAL OF RIGHT; AND (2) DETERMINED THAT KESSLER'S PETITION FOR RECONSIDERATION SHOULD BE TREATED AS A PETITION TO REOPEN UNDER 49 CFR 1152.25(E)(4).

   Entire Board · BNSF RAILWAY COMPANY--PETITION FOR DECLARATORY ORDER · also entered in AB 6 (Sub-No. 430X) · decision 40030
3. 12 Jun 2009 AB 33 (Sub-No. 263X)
   DECISION GRANTED THE VILLAGE OF LINCOLNWOOD'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL DECEMBER 13, 2009, IN THIS PROCEEDING.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COOK COUNTY, ILL. · decision 40018
4. 12 Jun 2009 AB 33 (Sub-No. 268X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THIS PROCEEDING.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MILWAUKEE COUNTY, WIS. · decision 40000
5. 12 Jun 2009 FD 35141
   DECISION: (1) HELD THIS PROCEEDING IN ABEYANCE PENDING FURTHER ORDER; AND (2) DETERMINED THAT THE PARTIES IN THIS PROCEEDING SHALL FILE MONTHLY STATUS REPORTS WITH THE BOARD BEGINNING JULY 1, 2009.

   Secretary · U S RAIL CORPORATION--CONSTRUCTION AND OPERATION EXEMPTION--BROOKHAVEN RAIL TERMINAL · decision 39975
6. 12 Jun 2009 AB 33 (Sub-No. 272X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IN THE MAY 4, 2009 DECISION SERVED IN THIS PROCEEDING.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN KOOTENAI COUNTY, IDAHO · decision 39972
7. 12 Jun 2009 FD 35206
   DECISION DENIED EDWIN KESSLER'S PETITION AND MOTION FOR INJUNCTIVE RELIEF, BUT INSTRUCTED KESSLER THAT HE COULD PURSUE HIS CLAIM THAT BNSF RAILWAY COMPANY HAS VIOLATED ITS COMMON CARRIER OBLIGATION BY FILING A COMPLAINT WITH THE BOARD. THIS DECISION ALSO REJECTED A NUMBER OF THE PARTIES' FILINGS AND MOTIONS, AND DENIED OTHER REQUESTS FOR RELIEF.

   Entire Board · EDWIN KESSLER-PETITION FOR INJUNCTIVE RELIEF · decision 39701
8. 11 Jun 2009 AB 511 (Sub-No. 4X)
   DECISION: (1) AUTHORIZED WINAMAC SOUTHERN RAILWAY COMPANY TO ACQUIRE AND US RAIL CORPORATION TO OPERATE THE LINE SEGMENTS IN THIS PROCEEDING; AND (2) DISMISSED, EFFECTIVE ON THE DATE THE SALE IS CONSUMMATED, THE NOTICE OF EXEMPTION IN THIS PROCEEDING.

   Director Of Proceedings · CENTRAL RAILROAD COMPANY OF INDIANAPOLIS--ABANDONMENT EXEMPTION--IN HOWARD COUNTY, IN · decision 40015
9. 11 Jun 2009 FD 35245
   DECISION GRANTED JAMES RIFFIN'S MOTION FOR A PROTECTIVE ORDER, WITH MODIFICATIONS AS DESCRIBED IN THIS PROCEEDING.

   Secretary · JAMES RIFFIN--PETITION FOR DECLARATORY ORDER · also entered in FD 35246 · decision 40006
10. 11 Jun 2009 AB 55 (Sub-No. 697X)
    PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A PETITION FOR EXEMPTION TO ABANDON A 0.31-MILE RAIL LINE IN GLYNN COUNTY, GA.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GLYNN COUNTY, GA · decision 40001
11. 11 Jun 2009 FD 35219
    DECISION GRANTED A PETITION FOR DECLARATORY ORDER TO THE EXTENT NECESSARY TO CLARIFY THAT UNION PACIFIC RAILROAD COMPANY HAS AN OBLIGATION TO QUOTE COMMON CARRIER RATES AND PROVIDE SERVICE FOR THE TRANSPORTATION OF CHLORINE FROM ROWLEY, UT, TO FOUR DESTINATIONS IN OR NEAR HOUSTON AND DALLAS, TX, AND ALLEMANIA AND PLAQUEMINE, LA.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER · decision 39995
12. 10 Jun 2009 AB 857 (Sub-No. 1X)
    DECISION GRANTED GREAT WESTERN RAILWAY OF COLORADO, LLC'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY UNTIL MAY 6, 2010.

    Director Of Proceedings · GREAT WESTERN RAILWAY OF COLORADO, LLC--ABANDONMENT EXEMPTION--IN WELD COUNTY, COLO. · decision 39997
13. 9 Jun 2009 AB 33 (Sub-No. 255)
    DECISION GRANTED THE OFFICE OF CARVER COUNTY REGIONAL RAILROAD AUTHORITY'S REQUEST TO EXTEND THE CERTIFICATE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING TO JULY 25, 2009.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT--IN CARVER AND SCOTT COUNTIES, MINN. · decision 39999
14. 9 Jun 2009 AB 290 (Sub-No. 210X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE JANUARY 2009 DECISION IN THIS PROCEEDING.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FULTON COUNTY, GA. · decision 39998
15. 8 Jun 2009 FD 35249
    PROVIDED NOTICE TO THE PARTIES OF A CORRECTION TO THE NOTICE SERVED AND PUBLISHED ON MAY 29, 2009, IN THIS PROCEEDING.

    Secretary · KERN W. SCHUMACHER--CONTINUANCE IN CONTROL EXEMPTION--GRENADA RAILWAY, LLC AND NATCHEZ RAILWAY, LLC · decision 40022
16. 8 Jun 2009 FD 35247
    PROVIDED NOTICE TO THE PARTIES OF A CORRECTION TO THE NOTICE SERVED AND PUBLISHED ON MAY 29, 2009, IN THIS PROCEEDING.

    Secretary · GRENADA RAILWAY, LLC--ACQUISITION AND OPERATION EXEMPTION--ILLINOIS CENTRAL RAILROAD COMPANY AND WATERLOO RAILWAY COMPANY · decision 40020
17. 8 Jun 2009 AB 565 (Sub-No. 1X)
    DECISION GRANTED THE REQUESTS TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL NOVEMBER 9, 2009, FOR THE PORTION OF LINE DESCRIBED IN THIS PROCEEDING, AND GRANTED THE REQUEST TO EXTEND THE TIME TO EXERCISE ABANDONMENT AUTHORITY UNTIL ON OR BEFORE JANUARY 8, 2010.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 39993