Week of 16 Aug 2010

Decisions served

1. 20 Aug 2010 AB 1064-X
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON JULY 22, 2010.

   Director Of Proceedings · FULTON COUNTY, LLC--ABANDONMENT EXEMPTION--IN FULTON COUNTY, IND. · decision 41045
2. 20 Aug 2010 AB 565 (Sub-No. 2X)
   DECISION GRANTED SHERBORN AND HOLLISTON'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING TO AUGUST 22, 2011.

   Director Of Proceedings · NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 41024
3. 20 Aug 2010 FD 35141
   DECISION PROVIDED THE FINAL ENVIRONMENTAL ASSESSMENT FOR U S RAIL CORPORATION'S PROPOSED CONSTRUCTION AND OPERATION OF AN APPROXIMATELY 3.4-MILE RAIL LINE AND ASSOCIATED RAIL TRANSFER FACILITY IN THE TOWN OF BROOKHAVEN, SUFFOLK COUNTY, NY.

   Chief Of Section Of Environmental Analysis · U S RAIL CORPORATION--CONSTRUCTION AND OPERATION EXEMPTION--BROOKHAVEN RAIL TERMINAL · decision 41020
4. 20 Aug 2010 FD 35394
   PROVIDED NOTICE THAT REGIONAL TRANSPORTATION DISTRICT FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM UNION PACIFIC RAILROAD COMPANY THE PHYSICAL ASSETS AND ASSOCIATED RIGHTS OF WAY COMPRISING AN APPROXIMATELY 40-FOOT WIDE SEGMENT OF EACH OF 2 RAIL LINES TOTALLING APPROXIMATELY 11.18 MILES IN ADAMS, DENVER, AND JEFFERSON COUNTIES, COLO.

   Director Of Proceedings · REGIONAL TRANSPORTATION DISTRICT--ACQUISITION EXEMPTION--UNION PACIFIC RAILROAD COMPANY IN ADAMS, DENVER, AND JEFFERSON COUNTIES, COLO. · decision 41016
5. 20 Aug 2010 AB 32 (Sub-No. 71X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) DETERMINED THAT THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON JULY 22, 2010, IS SUBJECT TO CERTAIN CONDITIONS.

   Director Of Proceedings · BOSTON & MAINE CORPORATION--ABANDONMENT EXEMPTION--IN ESSEX, MIDDLESEX, AND SUFFOLK COUNTIES, MASS. · decision 40990
6. 20 Aug 2010 AB 511 (Sub-No. 5X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON JULY 22, 2010.

   Director Of Proceedings · CENTRAL RAILROAD COMPANY OF INDIANAPOLIS--ABANDONMENT EXEMPTION--IN HOWARD COUNTY, IND. · decision 40988
7. 20 Aug 2010 EP 699
   DECISION PROVIDED NOTICE THAT THE BOARD IS SEEKING COMMENTS ON MATTERS RELATING TO THE USE OF MEDIATION AND ARBITRATION AS EFFECTIVE MEANS OF RESOLVING DISPUTES.

   Entire Board · ASSESSMENT OF MEDIATION AND ARBITRATION PROCEDURES · decision 40732
8. 19 Aug 2010 FD 35246
   DECISION DISMISSED JAMES RIFFIN'S APPLICATION TO ACQUIRE AND OPERATE THE VENEER SPUR IN THIS PROCEEDING.

   Director Of Proceedings · JAMES RIFFIN--ACQUISITION AND OPERATION--VENEER SPUR-IN BALTIMORE COUNTY, MD. · decision 40870
9. 19 Aug 2010 AB 1063
   DECISION HELD THAT IF CERRO GORDO COUNTY, IOWA (COUNTY) WISHES TO PROCEED WITH ITS PETITION FOR WAIVER FILED ON APRIL 26, 2010, IN THIS PROCEEDING, THE COUNTY SHALL SERVE A COPY OF THE APRIL 26, 2010 WAIVER AND A COPY OF THIS DECISION ON IOWA TRACTION RAILROAD COMPANY AND CERTIFY THAT IT HAS DONE SO BY AUGUST 24, 2010.

   Director Of Proceedings · CERRO GORDO COUNTY, IOWA--ADVERSE DISCONTINUANCE--IOWA TRACTION RAILROAD COMPANY · decision 40810
10. 18 Aug 2010 FD 35400
    PROVIDED NOTICE THAT B. ROBERT DEMENTO, JR. AND BAGGIO HERMAN DEMENTO FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF BDB COMPANY AND SWANSON RAIL TRANSFER, L.P. UPON THEIR BECOMING CLASS III RAIL CARRIERS.

    Director Of Proceedings · B. ROBERT DEMENTO, JR., AND BAGGIO HERMAN DEMENTO--CONTINUANCE IN CONTROL EXEMPTION--BDB COMPANY AND SWANSON RAIL TRANSFER, L.P. · decision 41011
11. 18 Aug 2010 FD 35399
    PROVIDED NOTICE THAT SWANSON RAIL TRANSFER, L.P. FILED A NOTICE OF EXEMPTION TO ACQUIRE BY LEASE FROM AFFILIATE/NONCARRIER BDB COMPANY, AND OPERATE A PARCEL OF LAND, FORMERLY KNOWN AS THE SWANSON RAIL YARD, IN PHILADELPHIA, PA.

    Director Of Proceedings · SWANSON RAIL TRANSFER, L.P.-LEASE AND OPERATION EXEMPTION-BDB COMPANY · decision 41010
12. 18 Aug 2010 FD 35398
    PROVIDED NOTICE THAT BDB COMPANY FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM CONSOLIDATED RAIL CORPORATION A PARCEL OF LAND, FORMERLY KNOWN AS THE SWANSON RAIL YARD, IN PHILADELPHIA, PA.

    Director Of Proceedings · BDB COMPANY--ACQUISITION EXEMPTION--CONSOLIDATED RAIL CORPORATION · decision 41009
13. 18 Aug 2010 AB 1066 (Sub-No. 2X)
    PROVIDED NOTICE THAT CENTRAL ILLINOIS RAILROAD COMPANY FILED A PETITION FOR EXEMPTION TO DISCONTINUE SERVICE OVER APPROXIMATELY 5.9 MILES OF MAIN LINE TRACK AND APPROXIMATELY 12.47 MILES OF SIDETRACK OWNED BY BNSF RAILWAY COMPANY, IN COOK COUNTY, ILL.

    Director Of Proceedings · CENTRAL ILLINOIS RAILROAD COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN COOK COUNTY, ILL. · decision 41002
14. 17 Aug 2010 FD 27590 (Sub-No. 3)
    DECISION FOUND THAT NO MODIFICATION TO ITS APPROVAL OF THE ACTIVITIES BY TTX COMPANY AND ITS PARTICIPATING RAILROADS (JOINTLY REFERRED TO AS TTX) PURSUANT TO TTX'S POOLING AGREEMENT IS REQUIRED.

    Entire Board · TTX COMPANY--APPLICATION FOR APPROVAL OF POOLING OF CAR SERVICE WITH RESPECT TO FLATCARS · decision 40809
15. 16 Aug 2010 FD 35348
    DECISION GRANTED IN PART AND DENIED IN PART A MOTION TO COMPEL DISCOVERY FILED BY NEW YORK & ATLANTIC RAILWAY COMPANY.

    Entire Board · CSX TRANSPORTATION, INC. AND DELAWARE AND HUDSON RAILWAY COMPANY, INC.--JOINT USE AGREEMENT · decision 41015
16. 16 Aug 2010 AB 55 (Sub-No. 701X)
    DECISION GRANTED A PETITION FOR EXEMPTION UNDER 49 U.S.C. § 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. § 10903 FOR CSX TRANSPORTATION, INC., TO ABANDON A 3.71-MILE RAIL LINE IN TERRE HAUTE, VIGO COUNTY, IND., SUBJECT TO TRAIL USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

    Entire Board · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN VIGO COUNTY, IND. · decision 40791
17. 16 Aug 2010 FD 35296
    DECISION ADDRESSED THE ISSUES RAISED BY THE PARTIES IN THESE PROCEEDINGS AND CLARIFIED THAT CLAYTON SAND COMPANY (CLAYTON), THE NONCARRIER OWNER OF THE LINE AT ISSUE, IS NOT REQUIRED TO SEEK BOARD AUTHORITY HERE, BUT CANNOT EXERCISE CONTROL OVER NEW JERSEY SHORE LINES, INC.'S (NJSL) OPERATIONS OR INTERFERE WITH NJSL'S ABILITY TO MEET ITS COMMON CARRIER OBLIGATION TO ITS SHIPPERS.

    Entire Board · ANTHONY MACRIE-CONTINUANCE IN CONTROL EXEMPTION-NEW JERSEY SEASHORE LINES, INC. · also entered in FD 35297 · decision 40606