Week of 27 Jul 2009

Decisions served

1. 31 Jul 2009 AB 290 (Sub-No. 309X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE ABANDONMENT EXEMPTION IN THIS PROCEEDING.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN BLOUNT COUNTY, TENN. · decision 40081
2. 31 Jul 2009 AB 33 (Sub-No. 278X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON JULY 2, 2009, IN THIS PROCEEDING.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SAN JOAQUIN AND STANISLAUS COUNTIES, CAL. · decision 40068
3. 31 Jul 2009 FD 35116
   DECISION PROVIDED NOTICE OF AVAILABILITY OF THE FINAL SCOPE OF STUDY FOR THE ENVIRONMENTAL IMPACT STATEMENT.

   Chief Of Section Of Environmental Analysis · R. J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES INC.-CONSTRUCTION AND OPERATION EXEMPTION-IN CLEARFIELD COUNTY, PA. · decision 40029
4. 30 Jul 2009 AB 33 (Sub-No. 261)
   DECISION GRANTED MISSISSIPPI CENTRAL RAILROAD CO. (MSCI) LEAVE TO LATE FILE AN OFFER OF FINANCIAL ASSISTANCE (OFA); AND (2) REJECTED MSCI'S OFA.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT-IN NEW MADRID, SCOTT, AND STODDARD COUNTIES, MO. · decision 40115
5. 30 Jul 2009 FD 35218
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · MERIDIAN SOUTHERN RAILWAY, LLC-CONSTRUCTION OF CONNECTING TRACK EXEMPTION-IN LAUDERDALE COUNTY, MS · decision 40110
6. 29 Jul 2009 AB 1022 (Sub-No. 1X)
   DECISION POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION IN THIS PROCEEDING TO PERMIT THE OFFER OF FINANCIAL ASSISTANCE PROCESS TO PROCEED.

   Director Of Proceedings · ARIZONA & CALIFORNIA RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SAN BERNARDINO AND RIVERSIDE COUNTIES, CAL. · decision 40107
7. 29 Jul 2009 AB 876-X
   DECISION GRANTED THE KENTUCKY RAILS TO TRAILS COUNCIL'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL JANUARY 12, 2010.

   Director Of Proceedings · R.J. CORMAN EQUIPMENT COMPANY, LLC--ABANDONMENT EXEMPTION--IN JOHNSON, MAGOFFIN AND BREATHITT COUNTIES, KY. · decision 40102
8. 29 Jul 2009 AB 303 (Sub-No. 18X)
   DECISION GRANTED THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES' AND POLK COUNTY'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING UNTIL JANUARY 9, 2010.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN POLK COUNTY, WIS. · decision 40090
9. 29 Jul 2009 FD 35171
   DECISION: (1) CONTINUED TO HOLD THIS PROCEEDING IN ABEYANCE PENDING FURTHER ORDER OF THE BOARD; AND (2) DIRECTED ASHBRO, INC. TO FILE A REPORT WITH THE BOARD ON THE STATUS OF THE NEGOTIATIONS IN THIS PROCEEDING BY OCTOBER 27, 2009.

   Secretary · ASHBRO, INC.--PETITION FOR DECLARATORY ORDER--WILSON SPUR TRACK IN DENHAM SPRINGS, LA · decision 40077
10. 28 Jul 2009 AB 976 (Sub-No. 2X)
    DECISION GRANTED ALLEGHENY VALLEY LAND TRUST'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO JANUARY 13, 2010.

    Director Of Proceedings · PITTSBURG & SHAWMUT RAILROAD, LLC--ABANDONMENT EXEMPTION--IN CLARION AND JEFFERSON COUNTIES, PA. · decision 40104
11. 28 Jul 2009 AB 1004-X
    DECISION GRANTED ALLEGHENY VALLEY LAND TRUST'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL JANUARY 13, 2010.

    Director Of Proceedings · SHANNON TRANSPORT, INC.--ABANDONMENT EXEMPTION--IN CLARION COUNTY, PA. · decision 40103
12. 28 Jul 2009 AB 33 (Sub-No. 222X)
    DECISION GRANTED THE CITY OF CAMDEN'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL DECEMBER 11, 2009.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN OUACHITA COUNTY, AR · decision 40094
13. 27 Jul 2009 AB 33 (Sub-No. 270X)
    DECISION GRANTED UNION PACIFIC RAILROAD COMPANY'S REQUEST TO EXTEND THE TIME TO CONSUMMATE THE ABANDONMENT IN THIS PROCEEDING UNTIL DECEMBER 31, 2009.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN OSBORNE AND SMITH COUNTIES, KAN. · decision 40072
14. 27 Jul 2009 AB 33 (Sub-No. 269X)
    DECISION GRANTED UNION PACIFIC RAILROAD COMPANY'S REQUEST TO EXTEND THE TIME TO CONSUMMATE THE ABANDONMENT IN THIS PROCEEDING UNTIL DECEMBER 31, 2009.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN OSBORNE AND ROOKS COUNTIES, KAN. · decision 40071
15. 27 Jul 2009 NOR 42088 (Sub-No. 1)
    DECISION FOUND THAT BNSF RAILWAY COMPANY (BNSF) HAS NOT ESTABLISHED TRANSPORTATION RATES IN ACCORDANCE WITH THE RATE PRESCRIPTION IN STB DOCKET NO. 42088 AND THEREFORE ORDERED BNSF TO ESTABLISH MAXIMUM LAWFUL RATES IN ACCORDANCE WITH THE METHODOLOGY DESCRIBED IN OKLAHOMA GAS & ELEC. V. UNION PACIFIC R.R., STB DOCKET NO. 42111 (STB SERVED JULY 24, 2009).

    Entire Board · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · decision 40053
16. 27 Jul 2009 FD 35116
    DECISION GRANTED A MOTION TO DISMISS IN PART R.J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES INC.'S (RJCP) PETITION FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 TO CONSTRUCT AND OPERATE A RAIL LINE FOR THE EASTERN SEGMENT OF THE LINE IN THIS PROCEEDING. IN ADDITION, THE BOARD DETERMINED THAT RJCP IS PRECLUDED FROM ACTIVATING OR OPERATING THE EASTERN SEGMENT UNTIL THE NEPA PROCESS IS COMPLETED AND THE BOARD ISSUES A FINAL DECISION THAT TAKES INTO ACCOUNT THE RESULTS OF THE ENVIRONMENTAL REVIEW. THE BOARD ALSO GRANTED THE PETITION FILED BY PEOPLE PROTECTING COMMUNITIES FOR LEAVE TO LATE FILE A REPLY TO RJCP'S MOTION TO DISMISS, BUT DENIES AS MOOT IT'S PETITION TO HOLD THE RELATED PROCEEDINGS IN STB FINANCE DOCKET NO. 35143 AND DOCKET NO. AB-167 (SUB-NO. 1004N) IN ABEYANCE PENDING THE COMPLETION OF THE ENVIRONMENTAL REVIEW PROCESS.

    Entire Board · R. J. CORMAN RAILROAD COMPANY/PENNSYLVANIA LINES INC.-CONSTRUCTION AND OPERATION EXEMPTION-IN CLEARFIELD COUNTY, PA. · decision 39098