Week of 4 Apr 2011

Decisions served

1. 8 Apr 2011 AB 384 (Sub-No. 3X)
   DECISION POSTPONED THE EFFECTIVE DATE OF THE EXEMPTION IN THIS PROCEEDING TO PERMIT THE OFFER OF FINANCIAL ASSISTANCE PROCESS TO PROCEED.

   Director Of Proceedings · DELTA SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN DESHA AND CHICOT COUNTIES, ARK. · decision 41547
2. 8 Apr 2011 AB 55 (Sub-No. 705X)
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER APPROXIMATELY A 0.45-MILE RAIL LINE IN PINELLAS COUNTY, FLA.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--DISCONTINUANCE OF SERVICE EXEMPTION--IN PINELLAS COUNTY, FLA. · decision 41525
3. 8 Apr 2011 AB 303 (Sub-No. 36X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN A DECISION SERVED ON DECEMBER 9, 2010.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 41516
4. 8 Apr 2011 AB 290 (Sub-No. 323X)
   CONCLUDED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Director, Office Of Environmental Analysis · THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY--DISCONTINUANCE EXEMPTION--IN SAINT BERNARD PARISH, LA. · decision 41514
5. 8 Apr 2011 NOR 42120
   DECISION (1) HELD BNSF RAILWAY COMPANY'S MOTION TO COMPEL DISCOVERY ON DAMAGES-RELATED ISSUES IN ABEYANCE UNTIL THE BOARD RULES ON THE MERITS OF CARGILL, INCORPORATED'S COMPLAINT, AND (2) SUSPENDS THE PROCEDURAL SCHEDULE IN THIS PROCEEDING PENDING FURTHER ORDER OF THE BOARD.

   Entire Board · CARGILL, INCORPORATED V. BNSF RAILWAY COMPANY · decision 41387
6. 8 Apr 2011 AB 1065-X
   DECISION GRANTED INDIANA SOUTHWESTERN RAILWAY CO.'S APPEAL OF A DECISION SERVED ON DECEMBER 23, 2010, WHICH FOUND THAT THE TOWN OF POSEYVILLE, IND. (THE TOWN) WAS FINANCIALLY QUALIFIED TO PURCHASE 17.2 MILES OF INTERCONNECTING RAIL LINES IN INDIANA. IN THIS DECISION, THE BOARD FINDS THAT THE TOWN HAS NEITHER THE RESOURCES NOR ACCESS TO THE RESOURCES TO PURCHASE THE LINES. THE DIRECTOR OF THE OFFICE OF PROCEEDINGS PREVIOUSLY HAD FOUND TRAIL USE AND PUBLIC USE CONDITIONS APPROPRIATE FOR THESE LINES, AND THE BOARD IMPOSES THOSE CONDITIONS IN THIS DECISION.

   Entire Board · INDIANA SOUTHWESTERN RAILWAY CO.--ABANDONMENT EXEMPTION--IN POSEY AND VANDERBURGH COUNTIES, IND. · decision 41362
7. 7 Apr 2011 FD 35407
   DECISION SCHEDULED AN ORAL ARGUMENT TO ADDRESS ISSUES IN THESE PROCEEDINGS ON MAY 12, 2011 AT 9:30 A.M.

   Director Of Proceedings · GNP RLY, INC.--ACQUISITION AND OPERATION EXEMPTION--REDMOND SPUR AND WOODINVILLE SUBDIVISION · also entered in AB 6 (Sub-No. 463X), AB 6 (Sub-No. 465X) · decision 41520
8. 7 Apr 2011 FD 33556 (Sub-No. 5)
   DECISION PROVIDED NOTICE OF AN ORAL ARGUMENT IN THIS PROCEEDING.

   Director Of Proceedings · CANADIAN NATIONAL RAILWAY COMPANY, GRAND TRUNK CORPORATION, AND GRAND TRUNK WESTERN RAILROAD INCORPORATED - CONTROL - ILLINOIS CENTRAL CORPORATION, ILLINOIS CENTRAL RAILROAD COMPANY, CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY, AND CEDAR RIVER RAILROAD · decision 41519
9. 7 Apr 2011 AB 290 (Sub-No. 323X)
   PROVIDED NOTICE THAT THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 3.50-MILE RAIL LINE IN SAINT BERNARD PARISH, LA.

   Director Of Proceedings · THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY--DISCONTINUANCE EXEMPTION--IN SAINT BERNARD PARISH, LA. · decision 41512
10. 7 Apr 2011 FD 35456
    DECISION GRANTED AUSTIN WESTERN RAILROAD, L.L.C.'S REQUEST FOR A WAIVER OF THE REQUIREMENTS AT 49 C.F.R. § 1150.42(e). THESE REGULATIONS REQUIRE THAT, IN CERTAIN RAILROAD ACQUISITION OR OPERATION PROCEEDINGS, THE APPLICANT MUST GIVE 60 DAYS' ADVANCE NOTICE OF THE TRANSACTION TO POTENTIALLY AFFECTED EMPLOYEES AND TO THE NATIONAL OFFICES OF THE POTENTIALLY AFFECTED EMPLOYEES' LABOR UNIONS.

    Entire Board · AUSTIN WESTERN RAILROAD, L.L.C.-LEASE AND OPERATION EXEMPTION-CAPITAL METROPOLITIAN TRANSPORTATION AUTHORITY · decision 41497
11. 7 Apr 2011 FD 35407
    DECISION GRANTED A MOTION FOR PROTECTIVE ORDER.

    Director Of Proceedings · GNP RLY, INC.--ACQUISITION AND OPERATION EXEMPTION--REDMOND SPUR AND WOODINVILLE SUBDIVISION · also entered in AB 6 (Sub-No. 463X), AB 6 (Sub-No. 465X) · decision 41217
12. 6 Apr 2011 AB 855 (Sub-No. 1X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) VACATED, WITH RESPECT TO A CERTAIN PORTION OF A RIGHT-OF-WAY, THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT SERVED ON JUNE 15, 2009, IN THIS PROCEEDING.

    Director Of Proceedings · A & R LINE, INC.--ABANDONMENT EXEMPTION--IN CASS AND PULASKI COUNTIES, IND. · decision 41523
13. 6 Apr 2011 FD 35237
    DECISION GRANTED AN EXEMPTION FOR THE CITY OF DAVENPORT, IOWA, TO CONSTRUCT APPROXIMATELY 2.8 MILES OF RAIL LINE IN SCOTT COUNTY, IOWA, SUBJECT TO ENVIRONMENTAL MITIGATION MEASURES.

    Entire Board · CITY OF DAVENPORT, IOWA – CONSTRUCTION AND OPERATION EXEMPTION – IN SCOTT COUNTY, IOWA · decision 40318
14. 5 Apr 2011 FD 35475
    DECISION: (1) HELD THIS PROCEEDING IN ABEYANCE UNTIL APRIL 15, 2011; AND (2) DIRECTED THE PARTIES TO NOTIFY THE BOARD ON THE STATUS OF NEGOTIATIONS ON OR BEFORE APRIL 15, 2011.

    Director Of Proceedings · PORT OF IVORY, LLC--OPERATION EXEMPTION--LINE OF RAILROAD IN TULARE COUNTY, CAL. · decision 41548
15. 5 Apr 2011 AB 55 (Sub-No. 613X)
    DECISION GRANTED THE CITY OF FULTONDALE'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL SEPTEMBER 11, 2011.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, ALA. · decision 41505
16. 5 Apr 2011 AB 33 (Sub-No. 248X)
    DECISION GRANTED IN PART, A REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL SEPTEMBER 10, 2011.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN POLK COUNTY, IOWA · decision 41502
17. 5 Apr 2011 AB 303 (Sub-No. 37X)
    DECISION REOPENED THE PROCEEDING AND IMPOSED CONDITIONS RECOMMENDED BY THE OFFICE OF ENVIRONMENTAL ANALYSIS IN THE ENVIRONMENTAL ASSESSMENT.

    Director Of Proceedings · WISCONSIN CENTRAL, LTD.--ABANDONMENT EXEMPTION--IN MARATHON COUNTY, WIS. · decision 41471
18. 5 Apr 2011 FD 35466 (Sub-No. 1)
    DECISION GRANTED A PETITION FOR PARTIAL REVOCATION OF THE BOARD-APPROVED TRACKAGE RIGHTS CLASS EXEMPTION TO PERMIT BNSF RAILWAY COMPANY LOCAL TRACKAGE RIGHTS OVER CERTAIN LINES OF UNION PACIFIC RAILROAD COMPANY TO EXPIRE AT MIDNIGHT ON DECEMBER 10, 2011, AS AGREED BY THE PARTIES. DISCONTINUANCE OF THE TRACKAGE RIGHTS OPERATIONS ARE SUBJECT TO STANDARD LABOR PROTECTIVE CONDITIONS.

    Entire Board · BNSF RAILWAY COMPANY--TEMPORARY TRACKAGE RIGHTS EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 41428
19. 5 Apr 2011 NOR 42121
    DECISION GRANTED A MOTION FILED BY CSX TRANSPORTATION, INC. (CSXT) FOR EXPEDITED DETERMINATION OF JURISDICTION OVER THE CHALLENGED RATES ESTABLISHED BY CSXT FOR THE TRANSPORTATION OF CERTAIN COMMODITIES IN THE MIDWESTERN AND SOUTHEASTERN UNITED STATES. IN A FUTURE DECISION, THE BOARD WILL DETERMINE WHETHER CSXT FACES EFFECTIVE COMPETITION FROM OTHER TRANSPORTATION PROVIDERS. IF THE BOARD FINDS THAT CSXT HAS MARKET DOMINANCE OVER SOME OR ALL OF THE CHALLENGED RATES, IT WILL THEN SET A SCHEDULE FOR THE PARTIES TO SUBMIT EVIDENCE ON THE MAXIMUM REASONABLE RATES.

    Entire Board · TOTAL PETROCHEMICALS & REFINING USA, INC. V. CSX TRANSPORTATION, INC. · decision 41370
20. 4 Apr 2011 FD 35087
    DECISION REOPENS THE APPROVAL DECISION TO IMPOSE A CONDITION REQUIRING CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION TO COMPLY WITH THE TERMS OF THE NEGOTIATED AGREEMENT ENTERED INTO WITH THE VILLAGE OF NEW LENOX, 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 41360