Week of 19 Oct 2009

Decisions served

1. 23 Oct 2009 FD 35035
   PROVIDED NOTICE THAT ADRIAN & BLISSFIELD RAIL ROAD COMPANY FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM TECUMSEH BRANCH CONNECTING RAILROAD COMPANY AND TO OPERATE, APPROXIMATELY 1.3 MILES OF RAIL LINE IN LENAWEE COUNTY, MI.

   Director Of Proceedings · ADRIAN & BLISSFIELD RAIL ROAD COMPANY-ACQUISITION AND OPERATION EXEMPTION-TECUMSEH BRANCH CONNECTING RAILROAD COMPANY · decision 40316
2. 23 Oct 2009 FD 35308
   PROVIDED NOTICE THAT PIEDMONT & ATLANTIC RAILROAD CO., INC., D/B/A YADKIN VALLEY RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ACQUIRE BY PURCHASE, PURSUANT TO AN AGREEMENT IT ANTICIPATES ENTERING INTO WITH NORFOLK SOUTHERN RAILWAY COMPANY, AND TO OPERATE APPROXIMATELY 93 MILES OF RAIL LINES IN NORTH CAROLINA.

   Director Of Proceedings · PIEDMONT & ATLANTIC RAILROAD CO., INC., D/B/A/ YADKIN VALLEY RAILROAD COMPANY-ACQUISITION AND OPERATION EXEMPTION–NORFOLK SOUTHERN RAILWAY COMPANY · decision 40313
3. 23 Oct 2009 FD 35087
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   Entire Board · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · also entered in FD 35087 (Sub-No. 1), FD 35087 (Sub-No. 2), FD 35087 (Sub-No. 3), FD 35087 (Sub-No. 4), FD 35087 (Sub-No. 5), FD 35087 (Sub-No. 6), FD 35087 (Sub-No. 7) · decision 40298
4. 23 Oct 2009 AB 1041-X
   PROVIDED NOTICE THAT DAKOTA NORTHERN RAILROAD, INC. FILED A PETITION FOR EXEMPTION TO ABANDON A PORTION OF ITS GLASSTON SUBDIVISION, A DISTANCE OF 18.12 MILES IN WALSH AND PEMBINA COUNTIES, ND.

   Director Of Proceedings · DAKOTA NORTHERN RAILROAD, INC.-DISCONTINUANCE OF SERVICE EXEMPTION-IN WALSH AND PEMBINA COUNTIES, ND · decision 40295
5. 23 Oct 2009 AB 497 (Sub-No. 5X)
   PROVIDED NOTICE THAT MINNESOTA NORTHERN RAILROAD, INC. FILED A PETITION FOR EXEMPTION TO ABANDON A 20.035-MILE PORTION OF ITS WARROAD SUBDIVISION IN ROSEAU COUNTY, MN.

   Director Of Proceedings · MINNESOTA NORTHERN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN ROSEAU COUNTY, MINN. · decision 40294
6. 23 Oct 2009 AB 551 (Sub-No. 1X)
   PROVIDED NOTICE THAT KNOX AND KANE RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON ITS ENTIRE LINE OF RAILROAD BETWEEN NORTH CLARION JUNCTION, PA, AND MT. JEWETT, PA, A DISTANCE OF 69.9 MILES IN CLARION, FOREST, ELK AND MCKEAN COUNTIES, PA.

   Director Of Proceedings · KNOX AND KANE RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN CLARION, FOREST, ELK AND McKEAN COUNTIES, PA · decision 40293
7. 23 Oct 2009 AB 33 (Sub-No. 235X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE JUNE 24, 2008 DECISION OF THIS PROCEEDING.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN CALHOUN AND WEBSTER COUNTIES, IA · decision 40278
8. 23 Oct 2009 MCF 21037
   DECISION TENTATIVELY APPROVED FRANCIS W. SHERMAN'S APPLICATION UNDER 49 U.S.C. 14303 TO ACQUIRE INDIRECT CONTROL (THROUGH STOCK PURCHASE) OF EVERGREEN TRAILS, INC., AND HORIZON COACH LINES, LTD., AND TO CONTINUE IN CONTROL OF CABANA COACHES, LLC, SUBJECT TO OPPOSING PUBLIC COMMENTS.

   Entire Board · FRANCIS W. SHERMAN--CONTROL--EVERGREEN TRAILS, INC., HORIZON COACH LINES LTD., AND CABANA COACHES, LLC · decision 40269
9. 23 Oct 2009 AB 347 (Sub-No. 3X)
   DECISION GRANTED THE REQUESTS TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO MARCH 17, 2010, AND TO EXTEND THE TIME TO EXERCISE THE ABANDONMENT AUTHORITY UNTIL MAY 16, 2010.

   Director Of Proceedings · FLORIDA WEST COAST RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN ALACHUA AND GILCHRIST COUNTIES, FL · decision 40262
10. 22 Oct 2009 NOR 42115
    DECISION ADOPTS THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.

    Secretary · U.S. MAGNESIUM, L.L.C. V. UNION PACIFIC RAILROAD COMPANY · decision 40330
11. 22 Oct 2009 NOR 42088 (Sub-No. 1)
    DECISION ORDERS BNSF RAILWAY COMPANY TO PAY REPARATIONS DIRECTED IN THIS PROCEEDING.

    Commissioner · WESTERN FUELS ASSOCIATION, INC., AND BASIN ELECTRIC POWER COOPERATIVE V. BNSF RAILWAY COMPANY · decision 40315
12. 22 Oct 2009 AB 6 (Sub-No. 469X)
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 1.56-MILE LINE OF RAILROAD IN PIERCE COUNTY, WA.

    Director Of Proceedings · BNSF RAILWAY COMPANY–ABANDONMENT EXEMPTION–IN PIERCE COUNTY, WASH. · decision 40291
13. 21 Oct 2009 FD 35300
    PROVIDED NOTICE THAT (1) CENTRAL RAILROAD COMPANY OF INDIANAPOLIS FILED A NOTICE OF EXEMPTION, PURSUANT TO A LEASE AGREEMENT (AGREEMENT) TO LEASE AND TO OPERATE WITH NORFOLK SOUTHERN RAILWAY COMPANY (NSR) APPROXIMATELY 15.9 MILES OF NSR'S RAIL LINE IN GRANT COUNTY, IN, AND BLACKFORD COUNTY, IN; AND (2) THE AGREEMENT INCLUDES OPERATING RIGHTS INTO GOODMAN YARD, AND ANY SIDINGS OR SIDETRACKS OWNED BY NSR THAT ARE ACCESSED VIA THE LINE.

    Director Of Proceedings · CENTRAL RAILROAD COMPANY OF INDIANAPOLIS-LEASE AND OPERATION EXEMPTION-NORFOLK SOUTHERN RAILWAY COMPANY · decision 40292
14. 20 Oct 2009 EP 693
    DECISION PROVIDED NOTICE OF AN ORAL ARGUMENT AS DESCRIBED IN THIS PROCEEDING.

    Secretary · ORAL ARGUMENT · decision 40327
15. 20 Oct 2009 AB 303 (Sub-No. 25X)
    DECISION GRANTED THE STOCKBRIDGE-MUNSEE COMMUNITY'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING UNTIL APRIL 19, 2010.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN LANGLADE, MENOMINEE AND SHAWANO COUNTIES, WIS. · decision 40290
16. 19 Oct 2009 FD 35087
    DECISION REOPENED DECISION NO. 16, SERVED ON DECEMBER 24, 2008, IN THIS PROCEEDING, TO IMPOSE CONDITIONS REQUIRING CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION TO COMPLY WITH THE TERMS OF THE NEW NEGOTIATED AGREEMENTS ENTERED INTO WITH THE VILLAGE OF HAWTHORNE WOODS, IL AND THE VILLAGE OF PARK FOREST, IL.

    Entire Board · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · also entered in FD 35087 (Sub-No. 1), FD 35087 (Sub-No. 2), FD 35087 (Sub-No. 3), FD 35087 (Sub-No. 4), FD 35087 (Sub-No. 5), FD 35087 (Sub-No. 6), FD 35087 (Sub-No. 7) · decision 40280
17. 19 Oct 2009 FD 35147
    DECISION REOPENED THIS PROCEEDING AND REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION (ENVIRONMENTAL CONDITION NO. 17) IMPOSED IN THE MARCH 10, 2009 DECISION.

    Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY, PAN AM RAILWAYS, INC., ET AL.-JOINT CONTROL AND OPERATING/POOLING AGREEMENTS-PAN AM SOUTHERN LLC · decision 40239
18. 19 Oct 2009 FD 35237
    DECISION INSTITUTED A PROCEEDING UNDER 49 U.S.C. 10502(B).

    Secretary · CITY OF DAVENPORT, IOWA – CONSTRUCTION AND OPERATION EXEMPTION – IN SCOTT COUNTY, IOWA · decision 40105
19. 19 Oct 2009 FD 35045
    DECISION GRANTED UNITED TRANSPORTATION UNION'S MOTION FOR LEAVE TO FILE A SURREPLY, BUT DENIED ITS PETITION TO REVOKE THESE EXEMPTIONS.

    Entire Board · DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY--AMENDED TRACKAGE RIGHTS EXEMPTION--DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY · also entered in FD 35046, FD 35047, FD 35048, FD 35049, FD 35050 · decision 39850