Week of 14 Feb 2011

Decisions served

1. 18 Feb 2011 AB 290 (Sub-No. 291X)
   DECISION GRANTED THE CITY OF MARION'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL AUGUST 10, 2011.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN GRANT COUNTY, IND. · decision 41435
2. 18 Feb 2011 FD 35239
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) DIRECTED ALLEGHENY VALLEY RAILROAD COMPANY AND THE BUNCHER COMPANY TO CONFER AND TO FILE A PROCEDURAL SCHEDULE GOVERNING THE REOPENING BY MARCH 30, 2011.

   Director Of Proceedings · ALLEGHENY VALLEY RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER · decision 41422
3. 18 Feb 2011 AB 6 (Sub-No. 472X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A PETITION FOR EXEMPTION FROM PROVISION OF 49 U.S.C. § 10903 TO ABANDON 7.05 MILES OF RAIL LINE IN STEARNS COUNTY, MINN.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN STERNS COUNTY, MINN. · decision 41414
4. 18 Feb 2011 AB 33 (Sub-No. 297X)
   DECISION PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON 2.91 MILES OF A LINE OF RAILROAD KNOWN AS THE LEXINGTON INDUSTRIAL LEAD IN LAFAYETTE COUNTY, MO.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LAFAYETTE COUNTY, MO. · decision 41412
5. 18 Feb 2011 AB 384 (Sub-No. 1X)
   DECISION GRANTED LAKE PROVIDENCE PORT COMMISSION'S REQUEST TO WITHDRAW ITS DECEMBER 23, 2010 PETITION.

   Director Of Proceedings · DELTA SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--BETWEEN LAKE VILLAGE, ARK., AND SHELBURN, LA. · decision 41342
6. 18 Feb 2011 MCF 21023
   DECISION MODIFIED AN APPROVED MOTOR CARRIER POOLING AGREEMENT TO REFLECT THAT DATS TRUCKING, INC. (DATS), IS VOLUNTARILY WITHDRAWING FROM THE POOLING AGREEMENT AND THAT PENINSULA TRUCK LINES, INC., AND MOUNTAIN VALLEY EXPRESS, INC., ARE BEING ADDED TO THE AGREEMENT IN PLACE OF DATS.

   Entire Board · AVERITT EXPRESS, INC., DATS TRUCKING, INC., LAKEVILLE MOTOR EXPRESS, INC., LAND AIR EXPRESS OF NEW ENGLAND, PITT OHIO EXPRESS, LLC, CANADIAN FREIGHTWAYS, AND EPIC EXPRESS--POOLING AGREEMENT · decision 40831
7. 17 Feb 2011 FD 34658 (Sub-No. 1)
   DECISION GRANTED A REQUEST FOR WAIVER OF THE 10-DAY FILING REQUIREMENT IN 49 C.F.R. § 1104.7(b).

   Director Of Proceedings · ALASKA RAILROAD CORPORATION--PETITION FOR DECLARATORY ORDER · decision 41450
8. 17 Feb 2011 AB 1053 (Sub-No. 1X)
   PROVIDED NOTICE THAT MICHIGAN AIR-LINE RAILWAY CO. FILED A PETITION FOR EXEMPTION TO ABANDON AN APPROXIMATELY 5.45-MILE RAIL LINE IN OAKLAND COUNTY, MICH.

   Director Of Proceedings · MICHIGAN AIR-LINE RAILWAY CO.--ABANDONMENT EXEMPTION--IN OAKLAND COUNTY, MICH. · decision 41411
9. 17 Feb 2011 FD 35459
   DECISION INSTITUTED A DECLARATORY ORDER PROCEEDING.

   Director Of Proceedings · V&S RAILWAY, LLC--PETITION FOR DECLARATORY ORDER--RAILROAD OPERATIONS IN HUTCHISON, KAN. · decision 41340
10. 16 Feb 2011 AB 506 (Sub-No. 1X)
    DECISION GRANTED MICHIGAN DEPARTMENT OF NATURAL RESOURCES' REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL AUGUST 6, 2011.

    Director Of Proceedings · SAULT STE. MARIE BRIDGE COMPANY--ABANDONMENT EXEMPTION--IN DICKINSON COUNTY, MICH. · decision 41424
11. 16 Feb 2011 AB 55 (Sub-No. 501X)
    DECISION GRANTED METROPARKS OF THE TOLEDO AREA'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL JUNE 30, 2011.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN LUCAS AND WOOD COUNTIES, OHIO · decision 41367
12. 16 Feb 2011 NOR 42124
    DECISION: (1) DENIED THE MOTION OF BNSF RAILWAY COMPANY TO DISMISS THE STATE OF MONTANA'S COMPLAINT, WHICH CLAIMS THAT A BNSF TARIFF CONSTITUTES AN UNREASONABLE PRACTICE IN VIOLATION OF 49 U.S.C. § 10702; AND (2) ADOPTED A PROCEDURAL SCHEDULE.

    Entire Board · STATE OF MONTANA V. BNSF RAILWAY COMPANY · decision 41211
13. 16 Feb 2011 EP 702
    DECISION PROVIDED NOTICE THAT THE BOARD IS PROPOSING TO CLARIFY AND UPDATE CERTAIN EXISTING RULES AND PROCEDURES UNDER SECTION 8(d) OF THE NATIONAL TRAILS SYSTEM ACT (TRAILS ACT), 16 U.S.C. § 1247(d), AND REQUESTS COMMENTS ON HOW TO RESOLVE STATE SOVEREIGN IMMUNITY ISSUES.

    Entire Board · NATIONAL TRAILS SYSTEM ACT AND RAILROAD RIGHTS-OF-WAY · decision 40944
14. 15 Feb 2011 EP 704
    DECISION ISSUES THE SCHEDULE OF APPEARANCES AND TIME PROVIDED TO EACH PARTY FOR THE FEBRUARY 24, 2011 HEARING.

    Director Of Proceedings · REVIEW OF COMMODITY, BOXCAR, AND TOFC/COFC EXEMPTIONS · decision 41423
15. 15 Feb 2011 AB 55 (Sub-No. 656X)
    DECISION: (1) GRANTED MARION COUNTY COMMISSION'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL SEPTEMBER 6, 2011; AND (2) GRANTED CSX TRANSPORTATION'S REQUEST TO EXTEND THE DEADLINE TO FILE THE CONSUMMATION NOTICE UNTIL NOVEMBER 5, 2011.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MARION COUNTY, W. VA. · decision 41380
16. 15 Feb 2011 AB 55 (Sub-No. 471X)
    DECISION GRANTED METROPARKS OF THE TOLEDO AREA'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL JUNE 30, 2011.

    Director Of Proceedings · CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN LUCAS COUNTY, OHIO · decision 41378
17. 15 Feb 2011 EP 542 (Sub-No. 18)
    DECISION PROVIDED NOTICE THAT THE BOARD PROPOSES TO REVISE THE FEE SCHEDULE AT 49 C.F.R. § 1002.2(f), PART V. THE PROPOSED RULEMAKING WOULD LOWER THE FEE FOR SUB-ITEM 56(iv) [ALL OTHER FORMAL COMPLAINTS EXCEPT COMPETITIVE ACCESS] FROM $20,600 TO $350.

    Entire Board · REGULATIONS GOVERNING FEES FOR SERVICES · decision 41377