Week of 2 Aug 2010

Decisions served

1. 6 Aug 2010 FD 30186
   DECISION GRANTED TONGUE RIVER RAILROAD COMPANY, INC.'S PETITION REQUESTING AN EXTENSION OF TIME TO FILE A REPLY TO THE NORTHERN PLAINS RESOURCE COUNCIL AND MR. MARK FIX'S SUBMISSION IN THIS PROCEEDING.

   Director Of Proceedings · TONGUE RIVER RAILROAD COMPANY, INC.--RAIL CONSTRUCTION AND OPERATION--IN CUSTER, POWDER RIVER AND ROSEBUD COUNTIES, MONT. · also entered in FD 30186 (Sub-No. 1), FD 30186 (Sub-No. 2), FD 30186 (Sub-No. 3) · decision 41019
2. 6 Aug 2010 FD 35387
   DECISION GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST TO EXTEND THE DUE DATE FOR ITS REPLY TO AG PROCESSING'S PETITION.

   Director Of Proceedings · AG PROCESSING INC A COOPERATIVE--PETITION FOR DECLARATORY ORDER · decision 41012
3. 6 Aug 2010 FD 35393
   DECISION GRANTED NATIONAL GRID'S REQUEST FOR AN EXTENSION OF TIME TO FILE A REPLY TO PROVIDENCE AND WORCESTER RAILROAD COMPANY'S PETITION FOR A DECLARATORY IN THIS PROCEEDING.

   Director Of Proceedings · PROVIDENCE AND WORCESTER RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER--GARDNER BRANCH · decision 41004
4. 6 Aug 2010 FD 35382
   DECISION REVOKED THE DELEGATION OF AUTHORITY OF THE OFFICE OF PROCEEDINGS, UNDER 49 C.F.R. § 1011.7(B)(10), TO DETERMINE WHETHER TO ISSUE A NOTICE OF EXEMPTION IN THIS PROCEEDING AND DETERMINED THAT THE NOTICE SHOULD BE ISSUED. SPECIFICALLY, THE BOARD PROVIDED NOTICE THAT NORTHERN PLAINS RAILROAD, INC., FILED A NOTICE OF EXEMPTION TO RENEW ITS LEASE OF APPROXIMATELY 290.31 MILES OF RAIL LINE OF SOO LINE RAILROAD COMPANY IN MINNESOTA AND NORTH DAKOTA.

   Entire Board · NORTHERN PLAINS RAILROAD, INC.--LEASE EXEMPTION--SOO LINE RAILROAD COMPANY · decision 40982
5. 6 Aug 2010 FD 35375
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. AND GAINESVILLE MIDLAND RAILROAD COMPANY JOINTLY FILED A NOTICE OF EXEMPTION FOR A CORPORATE FAMILY TRANSACTION.

   Director Of Proceedings · CSX TRANSPORTATION, INC.-CORPORATE FAMILY MERGER EXEMPTION-GAINESVILLE MIDLAND RAILROAD COMPANY · decision 40978
6. 5 Aug 2010 EP 698
   DECISION CORRECTED THE DECISION SERVED ON AUGUST 3, 2010, IN THIS PROCEEDING.

   Entire Board · ESTABLISHMENT OF THE TOXIC BY INHALATION HAZARD COMMON CARRIER TRANSPORTATION ADVISORY COMMITTEE · decision 41006
7. 5 Aug 2010 AB 876-X
   DECISION GRANTED THE COMMONWEALTH OF KENTUCKY, TOURISM, ARTS, AND HERITAGE CABINET'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO JANUARY 24, 2011.

   Director Of Proceedings · R.J. CORMAN EQUIPMENT COMPANY, LLC--ABANDONMENT EXEMPTION--IN JOHNSON, MAGOFFIN AND BREATHITT COUNTIES, KY. · decision 40974
8. 5 Aug 2010 AB 914-X
   DECISION DENIED SAVE BURNEY FALLS' REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING.

   Director Of Proceedings · McCLOUD RAILWAY COMPANY--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--IN SISKIYOU, SHASTA, AND MODOC COUNTIES, CAL. · decision 40918
9. 5 Aug 2010 FD 35299
   DECISION GRANTED BOROUGH OF RIVERDALE'S (BOROUGH) PETITION FOR DECLARATORY ORDER SEEKING A DETERMINATION THAT THE BOARD DOES NOT HAVE JURISDICTION PURSUANT TO 49 U.S.C. § 10501 OVER PROPOSED BULK TRANSLOADING AND STORAGE ACTIVITIES AT A FACILITY IN THE BOROUGH OWNED BY THE NEW YORK SUSQUEHANNA & WESTERN RAILWAY CORPORATION AND THAT SUCH ACTIVITIES ARE NOT PREEMPTED FROM LOCAL ZONING LAWS. THE BOARD GRANTED THIS PETITION IN ORDER TO CLARIFY THE SCOPE OF FEDERAL PREEMPTION IN THIS CASE, AND FOUND THAT THE PROPOSED TRANSLOADING OPERATION QUALIFIES FOR FEDERAL PREEMPTION. HOWEVER, THE BOARD DENIED THE BOROUGH'S PETITION FOR STAY IN THIS PROCEEDING.

   Entire Board · BOROUGH OF RIVERDALE–PETITION FOR DECLARATORY ORDER · decision 40281
10. 4 Aug 2010 NOR 42123
    DECISION GRANTED A MOTION FOR A PROCEDURAL SCHEDULE AND PROTECTIVE ORDER IN THIS PROCEEDING.

    Director Of Proceedings · M&G POLYMERS USA, LLC V. CSX TRANSPORTATION, INC. · decision 40979
11. 4 Aug 2010 FD 35345
    DECISION DENIED A PETITION FOR DECLARATORY ORDER FILED UNDER 49 U.S.C. § 554(3) AND 49 U.S.C. § 721(B)(4) BY THE PHILADELPHIA BELT LINE RAILROAD COMPANY TO CONFIRM THAT ITS RIGHT AND OBLIGATION TO PROVIDE RAIL FREIGHT COMMON CARRIER SERVICE ON THE RIGHT-OF-WAY INCLUDING THE FORMER PENN STREET HAS NOT BEEN ABANDONED OR OTHERWISE EXTINGUISHED.

    Entire Board · PHILADELPHIA BELT LINE RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER · decision 40544
12. 3 Aug 2010 FD 34890
    PROVIDED NOTICE THAT COURT ACTION WAS INSTITUTED IN THIS PROCEEDING.

    Director Of Proceedings · PYCO INDUSTRIES, INC.-FEEDER LINE APPLICATION-LINES OF SOUTH PLAINS SWITCHING, LTD. CO. · decision 41001
13. 3 Aug 2010 AB 33 (Sub-No. 284X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN KANE COUNTY, ILL. · decision 40876
14. 3 Aug 2010 EP 698
    DECISION PROVIDED NOTICE OF THE ESTABLISHMENT OF THE TOXIC BY INHALATION HAZARD COMMON CARRIER TRANSPORTATION ADVISORY COMMITTEE (TIHCCTAC), TO PROVIDE INDEPENDENT ADVICE AND POLICY SUGGESTIONS TO THE BOARD ON ISSUES RELATED TO THE COMMON CARRIER OBLIGATION WITH RESPECT TO THE RAIL TRANSPORTATION OF TOXIC BY INHALATION HAZARDS (TIH), AND SPECIFICALLY, TO OUTLINE WHAT IS A RAILROAD'S REASONABLE RESPONSE TO A SHIPPER'S REQUEST THAT IT TRANSPORT TIH CARGO.

    Entire Board · ESTABLISHMENT OF THE TOXIC BY INHALATION HAZARD COMMON CARRIER TRANSPORTATION ADVISORY COMMITTEE · decision 40733
15. 2 Aug 2010 FD 35302
    DECISION: (1) GRANTED BELL OIL TERMINAL, INC.'S REQUEST TO EXTEND THE MEDIATION PERIOD UNTIL NOVEMBER 1, 2010; AND (2) HELD THIS PROCEEDING IN ABEYANCE UNTIL NOVEMBER 1, 2010.

    Director Of Proceedings · BELL OIL TERMINAL, INC. V. BNSF RAILWAY COMPANY · decision 40983
16. 2 Aug 2010 AB 1053-X
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Chief Of Section Of Environmental Analysis · MICHIGAN AIR-LINE RAILWAY CO.-ABANDONMENT EXEMPTION-IN OAKLAND COUNTY, MICH. · decision 40955