Week of 28 Dec 2009

Decisions served

1. 31 Dec 2009 FD 35337
   PROVIDED NOTICE THAT PAUL DIDELIUS FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF YCR CORPORATION (YCR), UPON YCR'S BECOMING A CLASS III RAIL CARRIER.

   Director Of Proceedings · PAUL DIDELIUS-CONTINUANCE IN CONTROL EXEMPTION-YCR CORPORATION · decision 40489
2. 31 Dec 2009 FD 34554 (Sub-No. 12)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY (BNSF) AGREED TO EXTEND THE EXPIRATION DATE OF THE LOCAL TRACKAGE RIGHTS GRANTED TO THE UNION PACIFIC RAILROAD COMPANY OVER A BNSF LINE OF RAILROAD APPROXIMATELY 52 MILES LONG EXTENDING FROM MILL CREEK, OK, TO JOE JUNCTION, TX.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--BNSF RAILWAY COMPANY · decision 40485
3. 31 Dec 2009 FD 35328
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. (CSXT) AGREED TO BROADEN THE EXISTING NON-EXCLUSIVE, LIMITED OVERHEAD TRACKAGE RIGHTS GRANTED TO THE INDIANA RAIL ROAD COMPANY OVER CSXT'S LINE OF RAILROAD BETWEEN SULLIVAN, IN, AND OAKTOWN, IN, A DISTANCE APPROXIMATELY 14.5 MILES.

   Director Of Proceedings · THE INDIANA RAIL ROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--CSX TRANSPORTATION, INC. · decision 40482
4. 31 Dec 2009 FD 35333
   PROVIDED NOTICE THAT BURLINGTON SHORTLINE RAILROAD, INC. D/B/A BURLINGTON JUNCTION RAILWAY FILED A NOTICE OF EXEMPTION TO LEASE AND TO OPERATE, APPROXIMATELY 3.5 MILES OF BNSF RAILWAY COMPANY'S RAIL LINE CURRENTLY OPERATED BY MISSOURI AND VALLEY PARK RAILROAD IN ST. LOUIS, MO.

   Director Of Proceedings · BURLINGTON SHORTLINE RAILROAD, INC. D/B/A BURLINGTON JUCTION RAILWAY-LEASE AND OPERATION EXEMPTION-BNSF RAILWAY COMPANY · decision 40479
5. 31 Dec 2009 AB 1050-X
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Chief Of Section Of Environmental Analysis · REGIONAL RAIL RIGHT OF WAY COMPANY--ABANDONMENT EXEMPTION--IN COLLIN AND DALLAS COUNTIES, TX · decision 40467
6. 30 Dec 2009 FD 35331
   DECISION GRANTED CEMEX, INC.'S REQUEST TO WITHDRAW ITS PETITION TO HOLD THE NOTICE OF EXEMPTION IN ABEYANCE.

   Director Of Proceedings · SIERRA NORTHERN RAILWAY-LEASE AND OPERATION EXEMPTION-UNION PACIFIC RAILROAD COMPANY · decision 40501
7. 30 Dec 2009 AB 6 (Sub-No. 468X)
   DECISION DENIED THE REQUEST OF PAN-AMERICAN RAILWAY, INC., D.B.A. POST FALLS-COEUR D'ALENE RAILROAD TO STAY THE EFFECTIVE DATE OF THE EXEMPTION IN A DECISION SERVED IN THIS PROCEEDING ON NOVEMBER 27, 2009, AND TO EXTEND RETROACTIVELY THE TIME FOR FILING AN OFFER OF FINANCIAL ASSISTANCE (OFA).

   Entire Board · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN KOOTENAI COUNTY, IDAHO · decision 40498
8. 30 Dec 2009 AB 33 (Sub-No. 269X)
   DECISION GRANTED UNION PACIFIC RAILROAD COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT IN THIS PROCEEDING ON OR BEFORE JUNE 1, 2010.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN OSBORNE AND ROOKS COUNTIES, KAN. · decision 40493
9. 30 Dec 2009 AB 33 (Sub-No. 270X)
   DECISION GRANTED UNION PACIFIC RAILROAD COMPANY'S REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT IN THIS PROCEEDING ON OR BEFORE JUNE 1, 2010.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN OSBORNE AND SMITH COUNTIES, KAN. · decision 40492
10. 30 Dec 2009 NOR 42104
    DECISION: (1) DENIED MISSOURI & NORTHERN ARKANSAS RAILROAD COMPANY, INC.'S (MNA) MOTION TO DISMISS THE AMENDED COMPLAINT; (2) REQUIRED ENTERGY ARKANSAS, INC., AND ENTERGY SERVICES, INC. (JOINTLY, ENTERGY) TO IDENTIFY THE THROUGH ROUTE(S) THAT IT SEEKS TO HAVE PRESCRIBED IN ITS OPENING EVIDENCE AND ARGUMENTS; AND (3) DENIED AS MOOT MNA'S MOTION TO REQUIRE ENTERGY TO MAKE THE AMENDED COMPLAINT MORE DEFINITE.

    Entire Board · ENTERGY ARKANSAS, INC. & ENTERGY SERVICES, INC. V. UNION PACIFIC RAILROAD COMPANY, MISSOURI & NORTHERN ARKANSAS RAILROAD COMPANY, INC., & BNSF RAILWAY COMPANY · decision 40187
11. 29 Dec 2009 AB 565 (Sub-No. 1X)
    DECISION GRANTS REQUESTS TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL MAY 8, 2010, AND EXTENDED THE CONSUMMATION DEADLINE UNTIL JULY 7, 2010.

    Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 40478
12. 29 Dec 2009 AB 914-X
    DECISION REOPENED THE PROCEEDING AND IMPOSED A NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD.

    Director Of Proceedings · McCLOUD RAILWAY COMPANY--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--IN SISKIYOU, SHASTA, AND MODOC COUNTIES, CAL. · decision 40449
13. 28 Dec 2009 AB 1050-X
    PROVIDED NOTICE THAT REGIONAL RAIL RIGHT OF WAY COMPANY (RRROW), DALLAS, GARLAND AND NORTHEASTERN RAILROAD, INC. (DGNO), AND UNION PACIFIC RAILROAD COMPANY (UP) JOINTLY FILED A NOTICE OF EXEMPTION FOR RRROW TO ABANDON, AND FOR DGNO AND UP TO DISCONTINUE TRACKAGE RIGHTS OVER A 5.34-MILE LINE OF RAILROAD KNOWN AS THE COTTON BELT IN COLLIN AND DALLAS COUNTIES, TX.

    Director Of Proceedings · REGIONAL RAIL RIGHT OF WAY COMPANY--ABANDONMENT EXEMPTION--IN COLLIN AND DALLAS COUNTIES, TX · also entered in AB 585 (Sub-No. 4X), AB 33 (Sub-No. 288X) · decision 40470
14. 28 Dec 2009 AB 1054 (Sub-No. 1X)
    PROVIDED NOTICE THAT NORTHERN PLAINS RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER 60.5 MILES OF A LINE OF RAILROAD OWNED BY SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY IN TOWNER AND BOTTINEAU COUNTIES, ND.

    Director Of Proceedings · NORTHERN PLAINS RAILROAD, INC.-DISCONTINUANCE OF SERVICE EXEMPTION-IN BOTTINEAU, ROLETTE, AND TOWNER COUNTIES, ND · decision 40462
15. 28 Dec 2009 AB 1054-X
    PROVIDED NOTICE THAT NORTHERN PLAINS RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER 26.24 MILES OF A LINE OF RAILROAD OWNED BY SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY IN RAMSEY AND BENSON COUNTIES, ND.

    Director Of Proceedings · NORTHERN PLAINS RAILROAD, INC.-DISCONTINUANCE OF SERVICE EXEMPTION-IN RAMSEY AND BENSON COUNTIES, ND · decision 40461