Week of 31 Aug 2009

Decisions served

1. 4 Sep 2009 AB 290 (Sub-No. 314X)
   PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 2.04-MILE LINE OF RAILROAD IN LATROBE, WESTMORELAND COUNTY, PA.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN LATROBE, WESTMORELAND COUNTY, PA. · decision 40194
2. 4 Sep 2009 AB 286 (Sub-No. 6X)
   PROVIDED NOTICE THAT THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORPORATION FILED A NOTICE OF EXEMPTION TO ABANDON A .42-MILE SEGMENT OF ITS FAY STREET BRANCH RAIL LINE IN ONEIDA COUNTY, NY.

   Director Of Proceedings · THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORPORATION-ABANDONMENT EXEMPTION-IN ONEIDA COUNTY, NY · decision 40192
3. 4 Sep 2009 FD 35247
   DECISION INSTITUTED A PROCEEDING UNDER 49 U.S.C. 10502(D).

   Secretary · GRENADA RAILWAY, LLC--ACQUISITION AND OPERATION EXEMPTION--ILLINOIS CENTRAL RAILROAD COMPANY AND WATERLOO RAILWAY COMPANY · decision 40191
4. 3 Sep 2009 FD 21989 (Sub-No. 4)
   DECISION: (1) ALLOWED THE PARTIES TO EXCEED THE 30-PAGE LIMIT AT 49 CFR 1115.8 AND 1115.2(D); (2) WAIVED THE REQUIREMENT TO SUBMIT AN ORIGINAL AND 10 COPIES AT 49 CFR 1104.3; AND (3) HELD IN ABEYANCE, PENDING THE BOARD'S RULING ON THE MOTION TO STAY THE PROCEEDINGS, THE DEADLINE FOR FILING THE CLAIMANTS' REPLY IN THIS PROCEEDING.

   Secretary · PENNSYLVANIA RAILROAD COMPANY--MERGER--NEW YORK CENTRAL RAILROAD COMPANY (ARBITRATION REVIEW) · decision 40227
5. 3 Sep 2009 FD 35283
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. (CSXT) AGREED TO GRANT NON-EXCLUSIVE OVERHEAD TRACKAGE RIGHTS TO THE INDIANA RAIL ROAD COMPANY OVER CSXT'S: (1) INDIANAPOLIS BELT SUBDIVISION; (2) HAMILTON CONNECTION; (3) HAMILTON AND PROSPECT WYE TRACKS; (4) INDIANAPOLIS SUBDIVISION; (5) INDIANAPOLIS TERMINAL SUBDIVISION; (6) LOUISVILLE SECONDARY SUBDIVISION; (7) CRAWFORDSVILLE BRANCH; AND (8) SHELBYVILLE SECONDARY SUBDIVISION.

   Director Of Proceedings · THE INDIANA RAIL ROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--CSX TRANSPORTATION, INC. · decision 40214
6. 3 Sep 2009 FD 35288
   PROVIDED NOTICE THAT ENERGY SOLUTION, LLC, D.B.A. HERITAGE RAILROAD CORPORATION FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM THE UNITED STATES DEPARTMENT OF ENERGY, AND TO OPERATE A RAIL LINE APPROXIMATELY 7 MILES LONG BETWEEN BLAIR, TN, AND OAK RIDGE, TN. THIS LINE ALSO INCLUDED APPROXIMATELY 3 MILES OF SPUR TRACKS.

   Director Of Proceedings · ENERGY SOLUTIONS, LLC, D.B.A. HERITAGE RAILROAD CORPORATION-ACQUISIITION AND OPERATION EXEMPTION-HERITAGE RAILROAD CORPORATION · decision 40193
7. 2 Sep 2009 NOR 42115
   DECISION GRANTED A MOTION FOR PROTECTIVE ORDER IN THIS PROCEEDING.

   Secretary · U.S. MAGNESIUM, L.L.C. V. UNION PACIFIC RAILROAD COMPANY · decision 40219
8. 2 Sep 2009 FD 35287
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. (CSXT) AGREED TO GRANT NON-EXCLUSIVE, LIMITED OVERHEAD TRACKAGE RIGHTS TO THE INDIANA RAIL ROAD COMPANY (INRD) OVER CSXT'S LINE OF RAILROAD BETWEEN THE CONNECTION OF CSXT AND INRD TRACKAGE AT SULLIVAN, IN, AND OAKTOWN, IN, A DISTANCE OF APPROXIMATELY 14.5 MILES.

   Director Of Proceedings · THE INDIANA RAIL ROAD COMPANY-TRACKAGE RIGHTS EXEMPTION-CSX TRANSPORTATION, INC. · decision 40190
9. 1 Sep 2009 NOR 42099
   DECISION GRANTED E.I. DU PONT DE NEMOURS AND COMPANY'S REQUEST TO DISMISS ITS COMPLAINTS WITH PREJUDICE AND DISCONTINUE THESE PROCEEDINGS.

   Secretary · E.I. DUPONT DE NEMOURS AND COMPANY V. CSX TRANSPORTATION, INC. · also entered in NOR 42100, NOR 42101 · decision 40223
10. 1 Sep 2009 FD 35264
    DECISION DENIED THE JOINT PETITION FOR STAY FILED BY THE VILLAGE OF BARRINGTON, ILLINOIS AND THE TRAC COALITION, AND THE SEPARATELY FILED PETITION FOR STAY FILED BY THE UNITED TRANSPORTATION UNION.

    Entire Board · ELGIN, JOLIET & EASTERN RAILWAY COMPANY-TRACKAGE RIGHTS EXEMPTION-ILLINOIS CENTRAL RAILROAD COMPANY · also entered in FD 35265, FD 35266, FD 35267, FD 35268, FD 35269, FD 35270, FD 35271, FD 35272, FD 35273, FD 35274, FD 35275, FD 35276, FD 35277, FD 35278, FD 35279, FD 35280 · decision 40217
11. 31 Aug 2009 AB 290 (Sub-No. 291X)
    DECISION GRANTED THE REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING TO FEBRUARY 16, 2010, FILED BY THE CITY OF MARION AND GREENWAYS FOUNDATION, INC.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN GRANT COUNTY, IND. · decision 40209