Week of 19 Sep 2011

Decisions served

1. 23 Sep 2011 AB 1075-X
   DECISION: (1) WITHDREW MANUFACTURERS RAILWAY COMPANY'S PETITION FOR STAY PENDING JUDICIAL REVIEW; (2) WITHDREW THE REPLIES AND MOTIONS FOR LEAVE TO FILE REPLIES OF THE BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION/INTERNATIONAL BROTHERHOOD OF TEAMSTERS, UNITED TRANSPORTATION UNION, AND THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS; AND (3) DETERMINED THAT THE DECISION SERVED ON JULY 12, 2011, IN THIS PROCEEDING IS EFFECTIVE ON SEPTEMBER 24, 2011.

   Director Of Proceedings · MANUFACTURERS RAILWAY COMPANY-DISCONTINUANCE EXEMPTION-IN ST. LOUIS COUNTY, MO. · decision 41913
2. 23 Sep 2011 EP 670 (Sub-No. 3)
   PROVIDED NOTICE OF INTENT TO RENEW THE CHARTER OF THE RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE.

   Director Of Proceedings · RENEWAL OF RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE · decision 41900
3. 23 Sep 2011 EP 519 (Sub-No. 5)
   PROVIDED NOTICE OF INTENT TO RENEW THE CHARTER OF THE NATIONAL GRAIN CAR COUNCIL.

   Director Of Proceedings · RENEWAL OF NATIONAL GRAIN CAR COUNCIL · decision 41899
4. 23 Sep 2011 AB 1065-X
   DECISION DENIED A PETITION FILED BY THE TOWN OF POSEYVILLE REQUESTING RECONSIDERATION OF A BOARD DECISION SERVED ON APRIL 8, 2011. THE BOARD FURTHER FINDS THAT THE APRIL DECISION WILL NOT BE DISTURBED AND THAT THE RAILROAD MAY PROCEED WITH ITS ABANDONMENT PLANS.

   Entire Board · INDIANA SOUTHWESTERN RAILWAY CO.--ABANDONMENT EXEMPTION--IN POSEY AND VANDERBURGH COUNTIES, IND. · decision 41783
5. 23 Sep 2011 FD 35412
   DECISION DENIED UNITED TRANSPORTATION UNION--NEW YORK STATE LEGISLATIVE BOARD'S PETITION TO REJECT THE NOTICE OR REVOKE THE EXEMPTION FOR MIDDLETOWN & NEW JERSEY RAILROAD, LLC TO LEASE AND OPERATE LINES FROM NORFOLK SOUTHERN RAILWAY COMPANY.

   Entire Board · MIDDLETOWN & NEW JERSEY RAILROAD, LLC--LEASE AND OPERATION EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 41590
6. 22 Sep 2011 FD 35387
   DECISION: (1) INSTITUTED A DECLARATORY ORDER PROCEEDING; AND (2) PROVIDED NOTICE THAT AN ORAL ARGUMENT WILL BE HELD ON OCTOBER 25, 2011.

   Director Of Proceedings · AG PROCESSING INC A COOPERATIVE--PETITION FOR DECLARATORY ORDER · decision 41877
7. 21 Sep 2011 AB 55 (Sub-No. 656X)
   DECISION GRANTED MARION COUNTY COMMISSION'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL MARCH 4, 2012.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MARION COUNTY, W. VA. · decision 41818
8. 21 Sep 2011 AB 400 (Sub-No. 5)
   DECISION GRANTED IN PART AND DENIED IN PART THE REQUESTS FOR WAIVER OF CERTAIN BOARD REGULATIONS AND STATUTORY EXEMPTIONS IN CONNECTION WITH AN ADVERSE OR THIRD-PARTY APPLICATION THAT PALMER RANCH HOLDINGS, LTD., PALMER RANCH HOLDINGS, INC., WYNNSTAY HUNT, INC., AND CHESHIRE HUNT, INC. (COLLECTIVELY, PETITIONERS) INTEND TO FILE. THE PETITIONERS INTEND TO SEEK ADVERSE ABANDONMENT OF APPROXIMATELY 3,181 FEET OF RAIL LINE LOCATED IN SARASOTA COUNTY, FLA.

   Entire Board · PALMER RANCH HOLDINGS, LTD., PALMER RANCH HOLDINGS, INC., WYNNSTAY HUNT, INC., AND CHESHIRE HUNT, INC.--ADVERSE ABANDONMENT--SEMINOLE GULF RAILWAY, L.P., IN SARASOTA COUNTY, FLA. · decision 41426
9. 20 Sep 2011 EP 290 (Sub-No. 5)
   DECISION ADOPTED THE FOURTH QUARTER 2011 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 1.208, RCAF (ADJUSTED) OF 0.533, AND RCAF-5 OF 0.506.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 41883
10. 19 Sep 2011 FD 32609
    DECISION: (1) GRANTED MARYLAND TRANSIT ADMINISTRATION'S MOTION TO EXTEND THE CERTIFICATE OF INTERIM TRAIL USE (CITU) NEGOTIATING PERIOD; AND (2) EXTENDED THE CITU NEGOTIATING PERIOD UNTIL 60 DAYS AFTER THE COMPLETION OF THE PROCEEDINGS IN CASE NO. 11-1412 BEFORE THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT.

    Director Of Proceedings · CHESAPEAKE RAILROAD COMPANY-CERTIFICATE OF INTERIM TRAIL USE AND TERMINATION OF MODIFIED RAIL CERTIFICATE · decision 41854