Week of 30 Nov 2009

Decisions served

1. 4 Dec 2009 FD 35137
   DECISION DENIED A JOINTLY FILED PETITION BY THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN AND THE UNITED TRANSPORTATION UNION TO REVOKE THE NOTICE OF EXEMPTION FILED BY THE INDIANA RAIL ROAD COMPANY, BECAUSE NO MAJORITY DECISION ON THE PETITION TO REVOKE COULD BE REACHED.

   Entire Board · THE INDIANA RAIL ROAD COMPANY-TRACKAGE RIGHTS EXEMPTION-CSX TRANSPORTATION, INC. · decision 40411
2. 4 Dec 2009 FD 35320
   DECISION GRANTED A MOTION FOR PROTECTIVE ORDER IN THIS PROCEEDING.

   Director Of Proceedings · KOCH INDUSTRIES, INC.--CONTINUANCE IN CONTROL EXEMPTION--KM RAILWAYS, LLC · decision 40407
3. 4 Dec 2009 FD 35320
   PROVIDED NOTICE THAT KOCH INDUSTRIES, INC. FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF KM RAILWAYS, LLC (KMR), UPON KMR BECOMING A CLASS III CARRIER.

   Director Of Proceedings · KOCH INDUSTRIES, INC.--CONTINUANCE IN CONTROL EXEMPTION--KM RAILWAYS, LLC · decision 40406
4. 4 Dec 2009 FD 35319
   PROVIDED NOTICE THAT OLD AUGUSTA RAILROAD, LLC FILED A NOTICE OF EXEMPTION TO LEASE FROM KM RAILWAYS, LLC (KMR) AND TO OPERATE 2.5 MILES OF KMR'S LINE OF RAILROAD IN PERRY COUNTY, MS.

   Director Of Proceedings · OLD AUGUSTA RAILROAD, LLC-LEASE AND OPERATION EXEMPTION-KM RAILWAYS, LLC · decision 40403
5. 4 Dec 2009 FD 35321
   PROVIDED NOTICE THAT KM RAILWAYS, LLC, FILED A NOTICE OF EXEMPTION TO ACQUIRE AN APPROXIMATELY 2.5-MILE RAIL LINE OWNED BY OLD AUGUSTA RAILROAD, LLC, IN PERRY COUNTY, MS.

   Director Of Proceedings · KM RAILWAYS, LLC-ACQUISITION EXEMPTION-OLD AUGUSTA RAILROAD, LLC · decision 40402
6. 4 Dec 2009 FD 35309
   PROVIDED NOTICE THAT READING BLUE MOUNTAIN AND NORTHERN RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM TOWANDA-MONROETON SHIPPERS' LIFELINE, INC. AND TO OPERATE A 4.7-MILE LINE OF RAILROAD IN BRADFORD COUNTY, PA.

   Director Of Proceedings · READING BLUE MOUNTAIN AND NORTHERN RAILROAD COMPANY–ACQUISITION AND OPERATION EXEMPTION–TOWANDA-MONROETON SHIPPERS' LIFELINE, INC. · decision 40394
7. 4 Dec 2009 AB 1041-X
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · DAKOTA NORTHERN RAILROAD, INC.-DISCONTINUANCE OF SERVICE EXEMPTION-IN WALSH AND PEMBINA COUNTIES, ND · decision 40303
8. 4 Dec 2009 AB 497 (Sub-No. 5X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · MINNESOTA NORTHERN RAILROAD, INC.-ABANDONMENT EXEMPTION-IN ROSEAU COUNTY, MINN. · decision 40300
9. 3 Dec 2009 FD 35307
   PROVIDED NOTICE THAT KERN W. SCHUMACHER FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF LASSEN VALLEY RAILWAY LLC (LVR) UPON LVR'S BECOMING A CLASS III RAIL CARRIER.

   Director Of Proceedings · KERN W. SCHUMACHER-CONTINUANCE IN CONTROL EXEMPTION-LASSEN VALLEY RAILWAY LLC · decision 40389
10. 3 Dec 2009 FD 35306
    PROVIDED NOTICE THAT LASSEN VALLEY RAILWAY LLC FILED A NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE APPROXIMATELY 22.34 MILES OF RAIL LINE OWNED BY UNION PACIFIC RAILROAD COMPANY.

    Director Of Proceedings · LASSEN VALLEY RAILWAY LLC-ACQUISITION AND OPERATION EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 40388
11. 3 Dec 2009 MCF 4901
    DECISION APPROVED AND AUTHORIZED UNITED VAN LINES, LLC'S (UNITED) REVISED POOLING AGREEMENT AS SET FORTH IN A PETITION FILED BY UNITED IN THIS PROCEEDING.

    Entire Board · UNITED VAN LINES, LLC--POOLING AGREEMENT · also entered in MCF 6152 · decision 40385
12. 3 Dec 2009 MCF 17950
    DECISION APPROVED AND AUTHORIZED MAYFLOWER TRANSIT, LLC'S (MAYFLOWER) REVISED POOLING AGREEMENT AS SET FORTH IN A PETITION FILED BY MAYFLOWER IN THIS PROCEEDING.

    Entire Board · MAYFLOWER TRANSIT, LLC --POOLING AGREEMENT · decision 40230
13. 3 Dec 2009 FD 35247
    DECISION DENIED A PETITION FILED BY MISSISSIPPI STATE REPRESENTATIVE SIDNEY BONDURANT TO REVOKE A NOTICE OF EXEMPTION FOR THE ACQUISITION AND OPERATION OF TWO LINES BY GRENADA RAILWAY, LLC BECAUSE IT DOES NOT SATISFY THE BURDEN OF PROOF REQUIRED FOR REVOCATION IN THIS PROCEEDING.

    Entire Board · GRENADA RAILWAY, LLC--ACQUISITION AND OPERATION EXEMPTION--ILLINOIS CENTRAL RAILROAD COMPANY AND WATERLOO RAILWAY COMPANY · decision 40108
14. 2 Dec 2009 FD 35301
    DECISION DIRECTED THE DAKOTA MINNESOTA & EASTERN RAILROAD CORPORATION TO SUBMIT ITS REPLY IN THIS PROCEEDING BY DECEMBER 4, 2009.

    Director Of Proceedings · WISCONSIN DEPARTMENT OF TRANSPORTATION- PETITION FOR DECLARATORY ORDER-RAIL LINES IN JANESVILLE, ROCK COUNTY, WI · decision 40433
15. 2 Dec 2009 FD 35323
    PROVIDED NOTICE THAT PIONEER RAILCORP FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF GEORGIA SOUTHERN RAILWAY CO. (GASR) UPON GASR'S BECOMING A CLASS III RAIL CARRIER.

    Director Of Proceedings · PIONEER RAILCORP--CONTINUANCE IN CONTROL EXEMPTION--GEORGIA SOUTHERN RAILWAY CO. · decision 40387
16. 2 Dec 2009 FD 35322
    PROVIDED NOTICE THAT GEORGIA SOUTHERN RAILWAY CO. FILED A NOTICE OF EXEMPTION PURSUANT TO AN AGREEMENT WITH: (1) THE GEORGIA MIDLAND RAILROAD, INC. TO ASSUME LEASE AND OPERATION OF LINES IN PEACH, HOUSTON, CRAWFORD, CANDLER, BULLOCH, AND SCREVEN COUNTIES, GA; AND (2) THE HEART OF GEORGIA RAILROAD, INC. (HOG) TO OPERATE, UNDER CONTRACT WITH HOG A LINE CURRENTLY LEASED AND OPERATED BY HOG IN TOOMBS, TREUTLEN, EMANUEL AND JENKINS COUNTIES, GA.

    Director Of Proceedings · GEORGIA SOUTHERN RAILWAY CO.--LEASE AND OEPRATION EXEMPTION AND OPERATION EXEMPTION--CERTAIN LINES OF GEORGIA MIDLAND RAILROAD, INC. AND HEART OF GEORGIA RAILROAD, INC. · decision 40386
17. 1 Dec 2009 EP 693
    DECISION PROVIDED NOTICE THAT AN ORAL ARGUMENT WILL BE HELD ON JANUARY 26, 2010, IN THIS PROCEEDING.

    Director Of Proceedings · ORAL ARGUMENT · decision 40384
18. 1 Dec 2009 AB 57 (Sub-No. 58X)
    DECISION REOPENED THIS PROCEEDING AND DETERMINED THAT THE EXEMPTION FOR THE ABANDONMENT OF THE LINE DESCRIBED IN THIS PROCEEDING BE SUBJECT TO CERTAIN CONDITIONS THAT SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY COMPANY SHALL FOLLOW.

    Director Of Proceedings · SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN WAUKESHA AND MILWAUKEE COUNTIES, WI · decision 40383
19. 1 Dec 2009 FD 35305
    DECISION GRANTED THE REQUEST FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

    Director Of Proceedings · ARKANSAS ELECTRIC COOPERATIVE CORPORATION--PETITION FOR DECLARATORY ORDER · decision 40352
20. 1 Dec 2009 FD 35305
    DECISION INSTITUTED A DECLARATORY ORDER PROCEEDING TO ADDRESS ISSUES RAISED BY ARKANSAS ELECTRIC COOPERATIVE CORPORATION AND BNSF RAILWAY COMPANY (BNSF) REGARDING TWO PROPOSED TARIFF ITEMS BNSF HAS ISSUED TO ADDRESS THE MITIGATION OF COAL-DUST EMISSIONS FROM TRAINS MOVING OVER THE POWDER RIVER BASIN JOINT LINE AND BNSF'S BLACK HILLS SUBDIVISION. THE DECISION ALSO SET A PROCEDURAL SCHEDULE ALLOWING FOR PUBLIC COMMENT AND PARTICIPATION, A 60-DAY DISCOVERY PERIOD, AND NOTED THAT THE BOARD WILL ASSIGN AND AUTHORIZE A BOARD EMPLOYEE TO ACT AS DISCOVERY FACILITATOR IN THIS PROCEEDING.

    Entire Board · ARKANSAS ELECTRIC COOPERATIVE CORPORATION--PETITION FOR DECLARATORY ORDER · decision 40288
21. 1 Dec 2009 AB 397 (Sub-No. 7X)
    DECISION DENIED TULARE VALLEY RAILROAD COMPANY'S (TVR) PETITION FOR RECONSIDERATION OF THE DECISION SERVED ON AUGUST 19, 2009, BUT SUGGESTS HOW TVR MIGHT BE ABLE TO SEEK A MODIFICATION OF THE SECTION 106 HISTORIC PRESERVATION CONDITION TO PERMIT SALVAGE OF THE TRACKS, TIES AND TRACK MATERIAL.

    Entire Board · TULARE VALLEY RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN TULARE COUNTY, CAL. · decision 40245
22. 30 Nov 2009 AB 1044
    DECISION GRANTED, IN PART, INDIANA BUSINESS RAILROAD, INC.'S PETITION TO WAIVE CERTAIN BOARD REGULATIONS AND FOR EXEMPTIONS FROM CERTAIN STATUTORY PROVISIONS IN CONNECTION WITH ITS PROPOSED FILING OF A THIRD-PARTY OR 'ADVERSE' DISCONTINUANCE APPLICATION IN THIS PROCEEDING.

    Entire Board · INDIANA BUSINESS RAILROAD, INC.--ADVERSE DISCONTINUANCE OF RAIL SERVICE--PORTION OF NORFOLK SOUTHERN RAILWAY COMPANY'S ROCKPORT BRANCH · decision 40351