Week of 24 Aug 2009

Decisions served

1. 28 Aug 2009 AB 6 (Sub-No. 456X)
   DECISION GRANTED BNSF RAILWAY COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY UNTIL FEBRUARY 26, 2010, IN THIS PROCEEDING.

   Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN RIVERSIDE COUNTY, CA · decision 40207
2. 28 Aug 2009 AB 570 (Sub-No. 3X)
   DECISION GRANTED THE MCGREGOR COMPANY'S REQUEST TO WITHDRAW ITS MOTION TO DISMISS, ALL OBJECTIONS TO THIS PROCEEDING, AND ALL OTHER RELATED FILINGS.

   Director Of Proceedings · PALOUSE RIVER & COULEE CITY RAILROAD, INC.-ABANDONMENT EXEMPTION-IN LATAH COUNTY, ID · decision 40201
3. 28 Aug 2009 FD 35291
   STERLITE, INC. FILED A NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE ALL OF COPPER BASIN RAILWAY, INC.'S RAIL ASSETS, INCLUDING ITS MAIN LINE BETWEEN MAGMA AND WINKELMAN, AZ, AND ALL SPURS FROM ITS MAIN LINE IN PINAL AND GILA COUNTIES, AZ, WHICH IS 54 ROUTE MILES.

   Director Of Proceedings · STERLITE (USA), INC.-ACQUISITION AND OPERATION EXEMPTION-COPPER BASIN RAILWAY, INC. · decision 40185
4. 28 Aug 2009 FD 35257
   PROVIDED NOTICE THAT PROGRESSIVE RAIL, INCORPORATED FILED A NOTICE OF EXEMPTION TO ACQUIRE 23.97 MILES OF RAILROAD FROM WISCONSIN CENTRAL, LTD., LOCATED IN BARRON COUNTY, WI.

   Director Of Proceedings · PROGESSIVE RAIL, INCORPORATED--ACQUISITION EXEMPTION--RAIL LINES OF WISCONSIN CENTRAL, LTD. · decision 40179
5. 28 Aug 2009 AB 6 (Sub-No. 468X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FLED A PETITION FOR EXEMPTION TO ABANDON A 6.23-MILE RAIL LINE IN KOOTENAI COUNTY, ID.

   Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KOOTENAI COUNTY, IDAHO · decision 40167
6. 27 Aug 2009 AB 303 (Sub-No. 20X)
   DECISION GRANTED THE STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES' REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO FEBRUARY 23, 2010.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 40213
7. 27 Aug 2009 AB 546-X
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP), FORT WORTH AND DALLAS BELT RAILROAD COMPANY (FWDB), AND FORT WORTH AND WESTERN RAILROAD COMPANY (FWWR) (COLLECTIVELY, PETITIONERS) JOINTLY FILED A PETITION FOR EXEMPTION TO PERMIT: (1) UP TO ABANDON AND DISCONTINUE SERVICE OVER A 1.23 MILE SEGMENT OF ITS NORTH BRANCH LINE OF RAILROAD IN TARRANT COUNTY, TX; (2) FWDB TO DISCONTINUE OPERATION OVER THE SUBJECT LINE SEGMENT; (3) FWWR TO DISCONTINUE OVERHEAD AND LOCAL TRACKAGE RIGHTS OVER THE SUBJECT LINE SEGMENT. IN ADDITION, PETITIONERS SEEK EXEMPTION FROM OFFER OF FINANCIAL ASSISTANCE PROCEDURES AND PUBLIC USE CONDITIONS. PETITIONERS ALSO SEEK RELIEF FROM TRAIL USE PROVISIONS.

   Director Of Proceedings · FORT WORTH AND WESTERN RAILROAD COMPANY--DISCONTINUANCE OF SERVICE--IN TARRANT COUNTY, TX · also entered in AB 1038-X, AB 33 (Sub-No. 280X) · decision 40169
8. 27 Aug 2009 FD 34936
   DECISION GRANTED PETITION OF PORT OF MOSES LAKE FOR EXEMPTION FROM PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10901 TO CONSTRUCT AND ACQUIRE APPROXIMATELY 11.5 MILES OF RAIL LINE IN MOSES LAKE, WA, SUBJECT TO MITIGATION MEASURES IMPOSED IN THIS DECISION.

   Entire Board · PORT OF MOSES LAKE-CONSTRUCTION EXEMPTION-MOSES LAKE, WASH. · also entered in FD 34936 (Sub-No. 1) · decision 39452
9. 26 Aug 2009 AB 506 (Sub-No. 1X)
   DECISION GRANTED MICHIGAN DEPARTMENT OF NATURAL RESOURCES' REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL FEBRUARY 12, 2010.

   Director Of Proceedings · SAULT STE. MARIE BRIDGE COMPANY--ABANDONMENT EXEMPTION--IN DICKINSON COUNTY, MICH. · decision 40182
10. 26 Aug 2009 AB 55 (Sub-No. 681X)
    DECISION GRANTED THE CITY OF ORLANDO'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL FEBRUARY 13, 2010, AND GRANTED CSX TRANSPORTATION, INC.'S REQUEST TO EXTEND THE TIME TO EXERCISE ABANDONMENT AUTHORITY UNTIL APRIL 14, 2010.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ORANGE COUNTY, FL · decision 40168
11. 26 Aug 2009 AB 996 (Sub-No. 2X)
    PROVIDED NOTICE THAT READING BLUE MOUNTAIN AND NORTHERN RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER A 8.6-MILE PORTION OF THE PENNSY BRANCH, IN BERKS COUNTY, PA.

    Director Of Proceedings · READING BLUE MOUNTAIN AND NORTHERN RAILRAOD COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN BERKS COUNTY, PA · decision 40165
12. 26 Aug 2009 AB 565 (Sub-No. 17X)
    DECISION: (1) REOPENED THIS PROCEEDING, (2) ACCEPTED POUGHKEEPSIE-HIGHLAND BRIDGE CO., INC., D/B/A WALKWAY OVER THE HUDSON'S LATE FILED REQUEST FOR A NOTICE OF INTERIM TRAIL USE OR ABANDONMENT UNDER 16 U.S.C. 1247(D); AND (3) MODIFIED THE OCTOBER 2004 DECISION IN THIS PROCEEDING TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC-- ABANDONMENT EXEMPTION--IN DUTCHESS COUNTY, N.Y. · decision 40092
13. 25 Aug 2009 AB 55 (Sub-No. 682X)
    DECISION GRANTED THE FAYETTE COUNTY COMMISSION'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL FEBRUARY 20, 2010, AND GRANTED CSX TRANSPORTATION, INC.'S REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT UNTIL APRIL 21, 2010.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GREENBRIER AND FAYETTE COUNTIES, W. VA. · decision 40121
14. 25 Aug 2009 AB 290 (Sub-No. 168X)
    DECISION: (1) REOPENED THIS PROCEEDING; (2) VACATED THE NOTICES OF INTERIM TRAIL USE OR ABANDONMENT (NITUs) SERVED ON MAY 14, 1996, AND ON MARCH 10, 2004 IN THIS PROCEEDING; AND (3) ISSUED A REPLACEMENT NITU APPLICABLE TO NICKEL PLATE TRAIL, INC. FOR CERTAIN SEGMENTS OF THE RIGHT-OF-WAY IN THIS PROCEEDING.

    Director Of Proceedings · NORFOLK AND WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--BETWEEN KOKOMO AND ROCHESTER IN HOWARD, MIAMI, AND FULTON COUNTIES, IN · decision 40024