Week of 14 Dec 2009

Decisions served

1. 18 Dec 2009 EP 290 (Sub-No. 5)
   DECISION APPROVED THE FIRST QUARTER 2010 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.038, RCAF (ADJUSTED) OF 0.467, AND RCAF-5 OF 0.443 AS SUBMITTED BY THE ASSOCIATION OF AMERICAN RAILROADS (AAR). IN ADDITION, THE BOARD FOUND THAT AAR'S PRESCRIBED METHOD COMPLIES AFTER IT REVIEWED AAR'S DATA.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 40473
2. 18 Dec 2009 AB 43 (Sub-No. 184X)
   DECISION GRANTED THE CHICAGO DEPARTMENT OF TRANSPORTATION'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING UNTIL JUNE 10, 2010.

   Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COOK COUNTY, ILL. · decision 40459
3. 18 Dec 2009 FD 35325
   DECISION GRANTED THE MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

   Director Of Proceedings · CSX TRANSPORTATION, INC.-TRACKAGE RIGHTS EXEMPTION-ILLINOIS CENTRAL RAILROAD COMPANY · decision 40454
4. 18 Dec 2009 FD 35325
   PROVIDED NOTICE THAT ILLINOIS CENTRAL RAILROAD COMPANY (IC) AGREED TO GRANT LIMITED OVERHEAD TRACKAGE RIGHTS TO CSX TRANSPORTATION, INC. OVER IC'S LINE OF RAILROAD FOR A TOTAL LENGTH OF LINES OF 3.6 MILES, ALL IN DECATUR, IL.

   Director Of Proceedings · CSX TRANSPORTATION, INC.-TRACKAGE RIGHTS EXEMPTION-ILLINOIS CENTRAL RAILROAD COMPANY · decision 40453
5. 18 Dec 2009 AB 55 (Sub-No. 699X)
   DECISION REOPENED THIS PROCEEDING AND REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE NOVEMBER 9, 2009 DECISION.

   Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN MCMINN COUNTY, TENN. · decision 40447
6. 18 Dec 2009 FD 35250 (Sub-No. 1)
   PROVIDED NOTICE THAT LRY, LLC D.B.A. LAKE RAILWAY FILED A NOTICE OF EXEMPTION TO LEASE FROM LAKE COUNTY, OR, AND TO OPERATE 54.45 MILES OF RAILROAD ON THE LAKEVIEW BRANCH AT LAKEVIEW, OR.

   Director Of Proceedings · LRY, LLC D.B.A. LAKE RAILWAY--LEASE AND OPERATION EXEMPTION-RAIL LINE IN LAKE OUNTY, OR · decision 40446
7. 18 Dec 2009 FD 35250
   PROVIDED NOTICE THAT LRY, LLC D.B.A. LAKE RAILWAY FILED A NOTICE OF EXEMPTION TO LEASE FROM UNION PACIFIC RAILROAD COMPANY (UP) AND TO OPERATE 62.21 MILES OF UP'S LINES OF RAILROAD CONSISTING OF PART OF MODOC SUBDIVISION AND PART OF THE LAKEVIEW BRANCH AT ALTURAS, CA.

   Director Of Proceedings · LRY, LLC D.B.A. LAKE RAILWAY--LEASE AND OPERATION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 40445
8. 18 Dec 2009 AB 303 (Sub-No. 35X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · WISCONSIN CENTRAL LTD.-ABANDONMENT EXEMPTION-IN OUTAGAMIE COUNTY, WI · decision 40421
9. 18 Dec 2009 AB 290 (Sub-No. 315X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY–ABANDONMENT EXEMPTION–IN CHEMUNG COUNTY, N.Y. · decision 40418
10. 17 Dec 2009 NOR 42106
    DECISION GRANTED AMEROPAN OIL CORPORATION'S REQUEST TO WITHDRAW ITS PETITION FOR DECLARATORY ORDER.

    Director Of Proceedings · AMEROPAN OIL CORPORATION-PETITION FOR DECLARATORY ORDER-REASONABLENESS OF DEMURRAGE CHARGES · decision 40475
11. 17 Dec 2009 FD 35332
    DECISION GRANTED A MOTION FOR PROTECTIVE ORDER IN THIS PROCEEDING.

    Director Of Proceedings · GRAINBELT CORPORATION--TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY AND STILLWATER CENTRAL RAILROAD COMPANY · decision 40444
12. 17 Dec 2009 FD 35332
    BNSF RAILWAY COMPANY AND STILLWATER CENTRAL RAILROAD HAVE AGREED TO GRANT SUPPLEMENTAL TRACKAGE RIGHTS TO GRAINBELT CORPORATION (GNBC), WHICH TOGETHER WILL ALLOW GNBC TO OPERATE BETWEEN SNYDER AND ALTUS, OK, WITH THE RIGHT TO PROVIDE LIMITED LOCAL SERVICE AT LONG, OK.

    Director Of Proceedings · GRAINBELT CORPORATION--TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY AND STILLWATER CENTRAL RAILROAD COMPANY · decision 40439
13. 17 Dec 2009 FD 35331
    PROVIDED NOTICE THAT SIERRA NORTHERN RAILWAY FILED A NOTICE OF EXEMPTION TO LEASE AND TO OPERATE, PURSUANT TO A LEASE AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY, A LINE OF RAILROAD KNOWN AS THE SANTA CRUZ BRANCH LINE FOR A DISTANCE OF APPROXIMATELY 31.0 MILES AND VARIOUS ASSOCIATED SIDING AND SPUR TRACK FOR AN ADDITIONAL 3.6 MILES.

    Director Of Proceedings · SIERRA NORTHERN RAILWAY-LEASE AND OPERATION EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 40438
14. 17 Dec 2009 EP 684
    DECISION PROVIDED THE FACTUAL BASIS FOR THE BOARD'S CERTIFICATION UNDER 5 U.S.C. 605(B) OF THE REGULATORY FLEXIBILITY ACT THAT THE INTERIM RULES GOVERNING THE SUBMISSION AND REVIEW OF APPLICATIONS FOR LAND-USE-EXEMPTION PERMITS AND RELATED FILINGS UNDER 49 CFR 1155 WILL NOT HAVE A SIGNIFICANT ECONOMIC IMPACT ON A SUBSTANTIAL NUMBER OF SMALL ENTITIES.

    Entire Board · SOLID WASTE RAIL TRANSFER FACILITIES · decision 40174
15. 16 Dec 2009 AB 33 (Sub-No. 261)
    DECISION (1) TERMINATED THE OFFER OF FINANCIAL ASSISTANCE PROCESS IN THIS PROCEEDING; (2) VACATED, TO THE EXTENT DESCRIBED IN THIS DECISION, THE DECISION SERVED ON SEPTEMBER 10, 2009, IN THIS PROCEEDING; AND GRANTED THE CITY OF SIKESTON'S REQUEST TO EXTEND THE CERTIFICATE OF INTERIM TRAIL USE OR ABANDONMENT UNTIL JUNE 12, 2010.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT-IN NEW MADRID, SCOTT, AND STODDARD COUNTIES, MO. · decision 40442
16. 16 Dec 2009 NOR 42116
    DECISION GRANTED THE REQUESTS FOR A PROCEDURAL SCHEDULE AND FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

    Director Of Proceedings · US MAGNESIUM, L.L.C. V. UNION PACIFIC RAILROAD COMPANY · decision 40410
17. 15 Dec 2009 NOR 42104
    DECISION ADOPTED A PROCEDURAL SCHEDULE IN THIS PROCEEDING.

    Director Of Proceedings · ENTERGY ARKANSAS, INC. & ENTERGY SERVICES, INC. V. UNION PACIFIC RAILROAD COMPANY, MISSOURI & NORTHERN ARKANSAS RAILROAD COMPANY, INC., & BNSF RAILWAY COMPANY · decision 40474
18. 15 Dec 2009 AB 303 (Sub-No. 35X)
    PROVIDED NOTICE THAT WISCONSIN CENTRAL LTD. FILED A NOTICE OF EXEMPTION TO ABANDON ITS LINE OF RAILROAD BETWEEN MILEPOSTS 111.0 AND 112.9, A DISTANCE OF 1.9 MILES IN KAUKAUNA, OUTAGAMIE COUNTY, WI.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.-ABANDONMENT EXEMPTION-IN OUTAGAMIE COUNTY, WI · decision 40423
19. 14 Dec 2009 AB 57 (Sub-No. 57X)
    DECISION REOPENED THIS PROCEEDING AND REMOVED THE CONDITION IMPOSED IN THE OCTOBER 2009 DECISION.

    Director Of Proceedings · SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN HENNEPIN COUNTY, MN · decision 40457
20. 14 Dec 2009 AB 290 (Sub-No. 315X)
    PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 1.85-MILE LINE OF RAILROAD IN CHEMUNG COUNTY, NY.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY–ABANDONMENT EXEMPTION–IN CHEMUNG COUNTY, N.Y. · decision 40413
21. 14 Dec 2009 AB 1051-X
    PROVIDED NOTICE THAT GLOSTER SOUTHERN RAILROAD COMPANY LLC FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER A 32.7-MILE LINE OF RAILROAD IN EAST FELICIANA PARISH, LA, AND WILKINSON AND AMITE COUNTIES, MS.

    Director Of Proceedings · GLOSTER SOUTHERN RAILROAD COMPANY LLC-DISCONTINUANCE OF SERVICE EXEMPTION-IN AMITE AND WILKINSON COUNTIES, MS AND EAST FELICIANA PARISH, LA · decision 40349