Week of 20 Dec 2010

Decisions served

1. 23 Dec 2010 AB 1031-X
   DECISION GRANTED JOHNSON CITY, TENN.'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL JUNE 29, 2011.

   Director Of Proceedings · EAST TENNESSEE RAILWAY, L.P.-ABANDONMENT EXEMPTION-IN WASHINGTON AND CARTER COUNTIES, TENN. · decision 41325
2. 23 Dec 2010 FD 35450
   PROVIDED NOTICE THAT THE CITY OF MAPLEWOOD, MINN. FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM BNSF RAILWAY COMPANY THE RIGHT TO RESTORE RAIL SERVICE OVER A RAIL BANKED RIGHT-OF-WAY, A DISTANCE OF .67 MILES IN RAMSEY COUNTY, MINN.

   Director Of Proceedings · CITY OF MAPLEWOOD, MINN.--ACQUISITION EXEMPTION--RIGHT TO RESTORE RAIL SERVICE OVER A RAILBANKED RIGHT-OF-WAY IN RAMSEY COUNTY, MINN. · decision 41307
3. 23 Dec 2010 FD 35451
   PROVIDED NOTICE THAT WICHITA, TILLMAN & JACKSON RAILWAY COMPANY FILED AN NOTICE OF EXEMPTION TO RENEW AND SUPPLEMENT ITS LEASE OF 61.02 MILES OF RAIL LINE OWNED BY THE OKLAHOMA DEPARTMENT OF TRANSPORTATION.

   Director Of Proceedings · WICHITA, TILLMAN & JACKSON RAILWAY COMPANY--LEASE RENEWAL EXEMPTION--OKLAHOMA DEPARTMENT OF TRANSPORTATION · decision 41306
4. 23 Dec 2010 FD 35452
   PROVIDED NOTICE THAT WICHITA, TILLMAN & JACKSON RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO RENEW ITS LEASE OF APPROXIMATELY 40.48 MILES OF RAIL LINE CONSISTING OF TWO UNCONNECTED SEGMENTS IN TEXAS AND OKLAHOMA.

   Director Of Proceedings · WICHITA, TILLMAN & JACKSON RAILWAY COMPANY--LEASE AND RENEWAL EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 41305
5. 23 Dec 2010 NOR 42123
   DECISION DENIED M&G POLYMERS USA, LLC'S APPEAL OF A DECISION SERVED ON NOVEMBER 24, 2010, WHICH DENIED M&G'S MOTION TO COMPEL DISCOVERY FROM CSX TRANSPORTATION, INC.

   Entire Board · M&G POLYMERS USA, LLC V. CSX TRANSPORTATION, INC. · decision 41294
6. 23 Dec 2010 NOR 42121
   DECISION DENIED TOTAL PETROCHEMICALS USA, INC.'S (TPI) APPEAL OF A DECISION SERVED ON NOVEMBER 24, 2010, WHICH DENIED TPI'S MOTION TO COMPEL DISCOVERY FROM CSX TRANSPORTATION, INC.

   Entire Board · TOTAL PETROCHEMICALS & REFINING USA, INC. V. CSX TRANSPORTATION, INC. · decision 41293
7. 23 Dec 2010 AB 384 (Sub-No. 3X)
   PROVIDED NOTICE THAT DELTA SOUTHERN RAILROAD, INC. FILED A PETITION FOR EXEMPTION FOR AUTHORITY TO ABANDON A 24.1-MILE RAIL LINE NEAR LAKE VILLAGE, IN DESHA AND CHICOT COUNTIES, ARK.

   Director Of Proceedings · DELTA SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN DESHA AND CHICOT COUNTIES, ARK. · decision 41292
8. 23 Dec 2010 FD 35412
   DECISION INSTITUTED A PROCEEDING TO CONSIDER A PETITION TO REVOKE THE NOTICE OF EXEMPTION IN THIS PROCEEDING.

   Director Of Proceedings · MIDDLETOWN & NEW JERSEY RAILROAD, LLC--LEASE AND OPERATION EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 41272
9. 23 Dec 2010 AB 1065-X
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON NOVEMBER 12, 2010.

   Director Of Proceedings · INDIANA SOUTHWESTERN RAILWAY CO.--ABANDONMENT EXEMPTION--IN POSEY AND VANDERBURGH COUNTIES, IND. · decision 41259
10. 22 Dec 2010 AB 290 (Sub-No. 318X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED AND PUBLISHED IN THE FEDERAL REGISTER ON NOVEMBER 23, 2010.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN CRAWFORD COUNTY, GA. · decision 41316
11. 21 Dec 2010 FD 35087
    DECISION ORDERED CANADIAN NATIONAL RAILWAY COMPANY (CN) TO PAY $250,000 TO THE U.S. TREASURY FOR KNOWINGLY VIOLATING THE BOARD'S ORDERS MANDATING MONTHLY AND QUARTERLY CN STATUS REPORTS REGARDING EACH CROSSING BLOCKING OCCURRENCE ON THE FORMER EJ&E WEST RAIL LINE EXCEEDING 10 MINUTES IN DURATION.

    Entire Board · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · also entered in FD 35087 (Sub-No. 1), FD 35087 (Sub-No. 2), FD 35087 (Sub-No. 3), FD 35087 (Sub-No. 4), FD 35087 (Sub-No. 5), FD 35087 (Sub-No. 6), FD 35087 (Sub-No. 7) · decision 41302
12. 21 Dec 2010 AB 1003 (Sub-No. 1X)
    CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Director, Office Of Environmental Analysis · MOHALL CENTRAL RAILROAD, INC.--ABANDONMENT EXEMPTION--IN CAVALIER COUNTY, N.D. · decision 41284
13. 21 Dec 2010 AB 33 (Sub-No. 263X)
    GRANTED THE REQUESTS TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIODS UNTIL JUNE 6, 2011, IN THIS PROCEEDING.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN COOK COUNTY, ILL. · decision 41279
14. 21 Dec 2010 FD 33508
    --

    Director Of Proceedings · MISSOURI CENTRAL RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--LINES OF UNION PACIFIC RAILROAD COMPANY · also entered in FD 33537, NOR 42126 · decision 41271
15. 21 Dec 2010 FD 35394
    DECISION GRANTED REGIONAL TRANSPORTATION DISTRICT'S MOTION TO DISMISS A NOTICE OF EXEMPTION TO ACQUIRE FROM UNION PACIFIC RAILROAD COMPANY CERTAIN PHYSICAL ASSETS AND ASSOCIATED RIGHTS-OF-WAY IN ADAMS, DENVER, AND JEFFERSON COUNTIES.

    Entire Board · REGIONAL TRANSPORTATION DISTRICT--ACQUISITION EXEMPTION--UNION PACIFIC RAILROAD COMPANY IN ADAMS, DENVER, AND JEFFERSON COUNTIES, COLO. · decision 41017
16. 21 Dec 2010 FD 35087
    DECISION REVIEWED THE FINDINGS OF AN INDEPENDENT AUDIT OF REPORTS FILED BY CANADIAN NATIONAL RAILWAY COMPANY (CN) IN CONNECTION WITH ITS ACQUISITION OF EJ&E WEST COMPANY. THE BOARD CONTINUES TO HAVE CONCERNS, PRINCIPALLY AT 4 LOCATIONS IN ILLINOIS AND INDIANA, WHERE BLOCKED CROSSINGS HAVE INCREASED SIGNIFICANTLY SINCE THE ACQUISITION, RESULTING IN VEHICLE DELAY AND TRAFFIC CONGESTION. THIS DECISION REQUIRED ADDITIONAL REPORTING FROM CN, ORDERS ANOTHER AUDIT TO BE CONDUCTED IN 2011, AND EXTENDED THE 5-YEAR MONITORING AND OVERSIGHT PERIOD FOR THIS ACQUISITION 1 ADDITIONAL YEAR TO JANUARY 2015.

    Entire Board · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · also entered in FD 35087 (Sub-No. 1), FD 35087 (Sub-No. 2), FD 35087 (Sub-No. 3), FD 35087 (Sub-No. 4), FD 35087 (Sub-No. 5), FD 35087 (Sub-No. 6), FD 35087 (Sub-No. 7) · decision 40961
17. 20 Dec 2010 EP 290 (Sub-No. 5)
    DECISION APPROVED THE FIRST QUARTER 2011 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.093, RACF (ADJUSTED) OF 0.488, AND RACF-5 OF 0.462.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 41303
18. 20 Dec 2010 FD 35380
    DECISION: (1) DENIED SAN LUIS & RIO GRANDE RAILROAD'S REQUESTS FOR MOTIONS TO STRIKE CERTAIN FILINGS, AS LATE-FILED; AND (2) GRANTED A REQUEST FOR A PUBLIC MEETING IN CONEJOS COUNTY, COLORADO.

    Entire Board · SAN LUIS & RIO GRANDE RAILROAD--PETITION FOR A DECLARATORY ORDER · decision 41187
19. 20 Dec 2010 FD 35087
    DECISION REOPENS THE APPROVAL DECISION TO IMPOSE CONDITIONS REQUIRING CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION TO COMPLY WITH THE TERMS OF THE NEGOTIATED AGREEMENTS ENTERED INTO WITH THE VILLAGE OF LONG GROVE, ILL., AND VILLAGE OF SAUK, ILL.

    Entire Board · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · also entered in FD 35087 (Sub-No. 1), FD 35087 (Sub-No. 2), FD 35087 (Sub-No. 3), FD 35087 (Sub-No. 4), FD 35087 (Sub-No. 5), FD 35087 (Sub-No. 6), FD 35087 (Sub-No. 7) · decision 41068