Week of 30 Apr 2012

Decisions served

1. 4 May 2012 FD 35616
   PROVIDED NOTICE THAT CENTRAL MIDLAND RAILWAY COMPANY (CMR) AND PROGRESSIVE RAIL INC. (PGR) JOINTLY FILED A NOTICE OF EXEMPTION FOR AN INTRA-CORPORATE FAMILY TRANSACTION AND FOR REINCORPORATION IN A DIFFERENT STATE, PURSUANT TO WHICH PGR WILL REMAIN IN CONTROL OF CMR AFTER CMR REINCORPORATES FROM AN INDIANA CORPORATION TO A MINNESOTA CORPORATION.

   Director Of Proceedings · CENTRAL MIDLAND RAILWAY COMPANY AND PROGRESSIVE RAIL INC. -- INTRA-CORPORATE FAMILY TRANSACTION EXEMPTION · decision 42361
2. 4 May 2012 FD 35617
   DECISION REVOKED THE DELEGATION OF AUTHORITY TO THE DIRECTOR OF PROCEEDINGS, UNDER 49 CFR 1011.7(a)(2)(x)(A), WITH RESPECT TO ISSUING A NOTICE OF EXEMPTION IN THIS PROCEEDING AND DETERMINES THAT THE NOTICE SHOULD BE ISSUED.

   Entire Board · PROGRESSIVE RAIL, INCORPORATED - LEASE AND OPERATION EXEMPTION - RAIL LINE OF UNION BARRON AND CHIPPEWA COUNTIES, WI · decision 42351
3. 4 May 2012 AB 6 (Sub-No. 481X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON 18.12 MILES OF RAIL LINE LOCATED BETWEEN MILEPOST 42.08 AT GRAFTON AND MILEPOST 60.20 AT GLASSTON IN WALSH AND PEMBINA COUNTIES, N.D.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WALSH AND PEMBINA COUNTIES, N.D. · decision 42347
4. 4 May 2012 MCF 21043
   DECISION DIRECTED ACADEMY EXPRESS, L.L.C., A MOTOR CARRIER OF PASSENGERS, TO SUPPLEMENT ITS APPLICATION TO ACQUIRE THE PROPERTIES OF ENTERTAINMENT TOURS, INC., ALSO A MOTOR CARRIER OF PASSENGERS.

   Entire Board · ACADEMY EXPRESS, L.L.C.--ACQUISITION OF THE PROPERTIES OF ENTERTAINMENT TOURS, INC. · decision 42346
5. 4 May 2012 NOR 42129
   DECISION: (1) DENIED A MOTION FILED BY AMERICAN CHEMISTRY COUNCIL, THE CHLORINE INSTITUTE, INC., THE FERTILIZER INSTITUTE, AND PPG INDUSTRIES, INC. FOR INJUNCTIVE RELIEF RELATED TO CERTAIN TRANSPORTATION OF HAZARDOUS MATERIALS; (2) AND HOLDS THIS PROCEEDING IN ABEYANCE UNTIL THE ISSUANCE OF A FINAL DECISION IN A RELATED PROCEEDING THAT RAISES SIMILAR ISSUES.

   Entire Board · AMERICAN CHEMISTRY COUNCIL, THE CHLORINE INSTITUTE, INC., THE FERTILIZER INSTITUTE, AND PPG INDUSTRIES, INC. v. ALABAMA GULF COAST RAILWAY AND RAILAMERICA, INC. · decision 42222
6. 2 May 2012 FD 35412
   DECISION DENIED THE PETITION TO RECONSIDER AN EARLIER DECISION THAT DENIED A PETITION TO REJECT THE NOTICE OR REVOKE THE EXEMPTION GRANTED IN THIS CASE.

   Entire Board · MIDDLETOWN & NEW JERSEY RAILROAD, LLC--LEASE AND OPERATION EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 42198
7. 1 May 2012 AB 55 (Sub-No. 694X)
   DECISION GRANTED IN PART AND DENIED IN PART AN EXTENSION OF TIME REQUEST TO NEGOTIATE A TRAIL USE/RAIL BANKING AGREEMENT FILED BY MCMINN COUNTY AND AGREED BY CSX TRANSPORTATION, INC.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MCMINN COUNTY, TENN. · decision 42317
8. 30 Apr 2012 NOR 42133
   DECISION APPROVED A MOTION TO MODIFY THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.

   Director Of Proceedings · SIERRA RAILROAD COMPANY AND SIERRA NORTHERN RAILWAY V. SACRAMENTO VALLEY RAILROAD, LLC, MCCLELLAN BUSINESS PARK, LLC, AND COUNTY OF SACRAMENTO · decision 42371
9. 30 Apr 2012 FD 35175
   DECISION GRANTED SHIPPER COALITION'S REQUEST TO WITHDRAW ITS PETITION WITHOUT PREJUDICE.

   Director Of Proceedings · ROSEBURG FOREST PRODUCTS CO., TIMBER PRODUCTS COMPANY, L.P., SUBURBAN PROPANE, L.P., COWLEY D&L, INC., SOUSA AG SERVICE, AND YREKA WESTERN RAILROAD COMPANY--ALTERNATIVE RAIL SERVICE--CENTRAL OREGON & PACIFIC RAILROAD, INC. · decision 42369
10. 30 Apr 2012 FD 35557
    DECISION GRANTED BNSF RAILWAY COMPANY'S MOTION TO WITHDRAW (1) MOTION TO COMPEL DISCOVERY FROM AMEREN MISSOURI AND (2) PETITION FOR SUBPOENA TO AMEREN ENERGY FUELS & SERVICES.

    Director Of Proceedings · REASONABLENESS OF BNSF RAILWAY COMPANY COAL DUST MITIGATION TARIFF PROVISIONS · decision 42367
11. 30 Apr 2012 FD 35496
    DECISION GRANTED THE RESPONDENTS' JOINT MOTION TO COMPEL DISCOVERY.

    Director Of Proceedings · DENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATION --PETITION FOR DECLARATORY ORDER. · decision 42365
12. 30 Apr 2012 EP 702
    DECISION GRANTED THE FINAL RULES THAT CLARIFY AND UPDATED SOME OF THE EXISTING REGULATIONS AND PROCEDURES REGARDING THE USE OF RAILROAD RIGHTS-OF-WAY FOR RAIL BANKING AND INTERIM TRAIL USE UNDER SECTION 8(D) OF THE NATIONAL TRAILS SYSTEM ACT (TRAILS ACT), 16 U.S.C. 1247(D). THE FINAL RULES REQUIRE THE RAILROAD AND THE TRAIL SPONSOR JOINTLY TO NOTIFY THE BOARD WHEN A TRAIL USE AGREEMENT HAS BEEN REACHED, AND TO NOTIFY THE BOARD OF THE EXACT LOCATION OF THE RIGHTS-OF-WAY SUBJECT TO THE INTERIM TRAIL USE AGREEMENT, BY INCLUDING A MAP AND MILEPOST MARKER INFORMATION.

    Entire Board · NATIONAL TRAILS SYSTEM ACT AND RAILROAD RIGHTS-OF-WAY · decision 41965