Week of 7 Feb 2011

Decisions served

1. 11 Feb 2011 FD 35416
   DECISION GRANTED AN UNOPPOSED PETITION FILED BY ARKANSAS MIDLAND RAILROAD COMPANY, INC. FOR AUTHORITY TO PROVIDE EMERGENCY RAIL SERVICE ON 3 MILES OF RAIL LINE IN GURDON, ARK. UNTIL JUNE 14, 2011.

   Entire Board · ARKANSAS MIDLAND RAILROAD COMPANY, INC.--ALTERNATIVE RAIL SERVICE--LINE OF CADDO VALLEY RAILROAD COMPANY · decision 41421
2. 11 Feb 2011 FD 34554 (Sub-No. 140)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY AGREED TO EXTEND THE EXPIRATION DATE OF THE LOCAL TRACKAGE RIGHTS GRANTED TO UNION PACIFIC RAILROAD COMPANY BETWEEN MILL CREEK, OKLA., AND JOE JUNCTION, TEX., A DISTANCE OF APPROXIMATELY 52 MILES.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION --BNSF RAILWAY COMPANY · decision 41393
3. 11 Feb 2011 AB 1065-X
   DECISION: (1) GRANTED THE TOWN OF POSEYVILLE, IND. (THE TOWN) AN EXEMPTION FROM THE TIMEFRAME SET IN 49 U.S.C. § 10904(e) AND MADE THE TOWN'S REQUEST TO SET TERMS AND CONDITIONS DUE 60 DAYS AFTER THIS DECISION'S DATE OF SERVICE; (2) GRANTED IN PART INDIANA SOUTHWESTERN RAILWAY CO.'S MOTION TO COMPEL DISCOVERY; AND (3) DIRECTED THE PARTIES TO COMPLY WITH THE PROCEDURAL SCHEDULE SET FORTH IN THE DECISION.

   Entire Board · INDIANA SOUTHWESTERN RAILWAY CO.--ABANDONMENT EXEMPTION--IN POSEY AND VANDERBURGH COUNTIES, IND. · decision 41373
4. 10 Feb 2011 NOR 42117
   DECISION GRANTED A REQUEST TO EXTEND THE MEDIATION PERIOD IN THIS PROCEEDING TO MAY 13, 2011.

   Director Of Proceedings · CARGILL, INC.; E.I. DU PONT DE NEMOURS AND COMPANY; EXXON MOBIL CORPORATION; JONES-HAMILTON CO.; PPG INDUSTRIES, INC.; REAGENT CHEMICAL AND RESEARCH, INC.; TAMINCO METHYLAMINES, INC. V. ABERDEEN AND ROCKFISH RAILROAD COMPANY; BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY; BNSF RAILWAY COMPANY; BOSTON AND MAINE CORPORATION; BUFFALO AND PITTSBURGH RAILROAD, INC.; CANADIAN NATIONAL RAILWAY; CANADIAN PACIFIC RAILWAY; CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY; CENTRAL WASHINGTON RAILROAD COMPANY; CSX TRANSPORTATION INC.; ELGIN, JOLIET AND EASTERN RAILWAY COMPANY; GARY RAILWAY COMPANY; INDIANA & OHIO RAILWAY COMPANY; IOWA, CHICAGO & EASTERN RAILROAD CORPORATION; IOWA NORTHERN RAILWAY COMPANY; KANSAS CITY SOUTHERN RAILWAY COMPANY; MAINE CENTRAL RAILROAD COMPANY; MONTANA RAIL LINK, INC.; NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORP.; NORFOLK SOUTHERN RAILWAY COMPANY; PAN AM RAILWAYS INC.; PORTLAND TERMINAL COMPANY; ROCHESTER AND SOUTHERN RAILROAD, INC.; SANDERSVILLE RAILROAD COMPANY; SPRINGFIELD TERMINAL RAILWAY CO.; UNION PACIFIC RAILROAD COMPANY; ASSOCIATION OF AMERICAN RAILROADS; RAILINC · decision 41425
5. 10 Feb 2011 EP 706
   DECISION GRANTED UNION PACIFIC RAILROAD COMPANY'S PETITION TO INSTITUTE A RULEMAKING PROCEEDING TO EXPLORE WHETHER THE BOARD SHOULD REQUIRE CLASS I RAILROADS TO REPORT SEPARATELY HOW MUCH EACH RAILROAD IS SPENDING ON THE DEVELOPMENT, INSTALLATION, AND MAINTENANCE OF POSITIVE TRAIN CONTROL, A FEDERALLY MANDATED SAFETY SYSTEM THAT WILL AUTOMATICALLY STOP OR SLOW A TRAIN BEFORE AN ACCIDENT CAN OCCUR.

   Entire Board · REPORTING REQUIREMENTS FOR POSITIVE TRAIN CONTROL EXPENSES AND INVESTMENTS · decision 41395
6. 10 Feb 2011 FD 35462
   PROVIDED NOTICE THAT CALIFORNIA NORTHERN RAILROAD CO. AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO UNION PACIFIC RAILROAD COMPANY OVER APPROXIMATELY 1.8 MILES OF RAIL LINE BETWEEN TRACY, CAL. AND LYOTH, CAL.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--CALIFORNIA NORTHERN RAILROAD CO. · decision 41389
7. 10 Feb 2011 FD 35446
   DECISION GRANTED THE CITY OF TEMPLE'S PETITION UNDER 49 U.S.C. § 10901 TO ACQUIRE FROM THE GEORGETOWN RAILROAD COMPANY A 6.277-MILE LINE OF RAILROAD IN BELL COUNTY, TEX.

   Entire Board · CITY OF TEMPLE, TEX.--ACQUISITION EXEMPTION--GEORGETOWN RAILROAD COMPANY · decision 41388
8. 10 Feb 2011 AB 6 (Sub-No. 473X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) FOUND THAT THE NOTICE SERVED AND PUBLISHED IN THIS PROCEEDING IS SUBJECT TO CERTAIN CONDITIONS.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN ROLETTE AND TOWNER COUNTIES, N.D. · decision 41364
9. 9 Feb 2011 FD 35387
   DECISION GRANTED A MOTION FOR A PROTECTIVE ORDER IN THIS PROCEEDING.

   Director Of Proceedings · AG PROCESSING INC A COOPERATIVE--PETITION FOR DECLARATORY ORDER · decision 41390
10. 9 Feb 2011 FD 35453
    PROVIDED NOTICE THAT FULTON COUNTY, LLC, D/B/A FULTON COUNTY RAILROAD AGREED TO GRANT LOCAL TRACKAGE RIGHTS TO ELKHART & WESTERN RAILROAD CO. OVER APPROXIMATELY 11.7 MILES OF RAIL LINE IN MARSHALL AND FULTON COUNTIES, IND.

    Director Of Proceedings · ELKHART & WESTERN RAILROAD CO.--TRACKAGE RIGHTS EXEMPTION--FULTON COUNTY, LLC, D/B/A FULTON COUNTY RAILROAD · decision 41386
11. 8 Feb 2011 MCF 21035
    DECISION DENIED THE APPLICATION OF INTERNATIONAL BUSINESS SERVICES AND CITY SIGHTS TWIN (COLLECTIVELY, APPLICANTS) APPLICATION TO ACQUIRE CONTROL OF TWIN AMERICA, LLC. THE BOARD CONCLUDED THAT THE PROPOSED TRANSACTION WOULD NOT BE IN THE PUBLIC INTEREST BECAUSE IT WOULD CREATE AN ENTITY WITH EXCESSIVE MARKET POWER. IN ADDITION, THE BOARD DIRECTED THE APPLICANTS TO PROVIDE IT WITH A DETAILED REPORT ON THE STEPS THEY WILL TAKE TO COMPLY WITH THIS DECISION BY MARCH 25, 2011.

    Entire Board · STAGECOACH GROUP PLC AND COACH USA, INC., ET AL.-ACQUISITION OF CONTROL-TWIN AMERICA, LLC · decision 40400
12. 7 Feb 2011 EP 290 (Sub-No. 4)
    DECISION PROPOSES TO ADOPT 1.014 (1.4% PER YEAR) AS THE MEASURE OF AVERAGE CHANGE IN RAILROAD PRODUCTIVITY FOR THE 2005-2009 (5-YEAR) PERIOD.

    Entire Board · RAILROAD COST RECOVERY PROCEDURES-PRODUCTIVITY ADJUSTMENT · decision 41416
13. 7 Feb 2011 AB 33 (Sub-No. 293X)
    DECISION REOPENED THE PROCEEDING AND IMPOSED CONDITIONS RECOMMENDED BY THE OFFICE OF ENVIRONMENTAL ANALYSIS IN THE ENVIRONMENTAL ASSESSMENT.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WRIGHT COUNTY, IOWA · decision 41413
14. 7 Feb 2011 AB 1064-X
    DECISION: (1) REOPENED THE PROCEEDING; (2) DENIED THE REQUEST FOR A PUBLIC USE CONDITION; AND (3) GRANTED THE REQUEST FOR A NOTICE OF INTERIM TRAIL USE OR ABANDONMENT UNDER 16 U.S.C. § 1247(d).

    Director Of Proceedings · FULTON COUNTY, LLC--ABANDONMENT EXEMPTION--IN FULTON COUNTY, IND. · decision 41346