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Week of 7 May 2012

7–13 May 2012 · Monday to Sunday · ← previous week · next week → · every week · the latest seven days

18 decisions served (2 entered in more than one docket) and 25 filings observed, in 15 proceedings — 2 of them in AB 303 (Sub-No. 26X).

Decisions served

  1. MCF 20904
    DECISION CONCERNED A DISPUTE BETWEEN COMPETING BUS COMPANIES THAT OPERATE IN THE NORTHEAST. PETER PAN BUS LINES, INC. AND GREYHOUND LINES, INC. WANT TO OFFER DIRECT SERVICE BETWEEN NEWARK, N.J., ON THE ONE HAND, AND BALTIMORE, WASHINGTON, PHILADELPHIA, AND BOSTON ON THE OTHER, AND ALSO BETWEEN PHILADELPHIA AND BOSTON. COACH USA, WHICH OFFERS COMPETING BUS SERVICES, OBJECTS. THIS DECISION FINDS THAT THESE SERVICES ARE PERMITTED BECAUSE THE BOARD RECENTLY FOUND, IN A CONTESTED PROCEEDING, THAT BUS COMPETITION IS FLOURISHING.
    Entire Board · PETER PAN BUS LINES, INC.--POOLING--GREYHOUND LINES, INC. · also entered in MCF 20908, MCF 20912 · decision 42403
  2. FD 35496
    DECISION GRANTED A REQUEST FOR AN EXTENSION OF TIME FILED BY DENVER AND RIO GRANDE RAILWAY HISTORICAL FOUNDATION.
    Director Of Proceedings · DENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATION --PETITION FOR DECLARATORY ORDER. · decision 42394
  3. AB 303 (Sub-No. 31X)
    DECISION GRANTED COUNTY OF SAWYER'S REQUEST TO EXTEND INTERIM TRAIL USE/RAILBANKING NEGOTIATIONS UNTIL NOVEMBER 22, 2012.
    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN SAWYER COUNTY, WIS. · decision 42392
  4. FD 35620
    PROVIDED NOTICE THAT COLUMBUS & CHATTAHOOCHE RAILROAD, INC. HAS FILED A NOTICE OF EXEMPTION TO LEASE FROM NORFOLK SOUTHERN RAILWAY COMPANY AND OPERATE 25.50 MILES OF RAIL LINE CONSISTING OF TWO SEGMENTS: (1) BETWEEN MILEPOST S 292.8 NEAR GIRARD, ALA., AND MILEPOST S 303.9 NEAR NUCKOLS, ALA., A DISTANCE OF 11.10 MILES; AND (2) BETWEEN MILEPOST NU 0 NEAR NUCKOLS AND MILEPOST NU 14.4 NEAR MAHRT, ALA., A DISTANCE OF 14.40 MILES.
    Director Of Proceedings · COLUMBUS & CHATTAHOOCHEE RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--NORFOLK SOUTHERN RAILWAY COMPANY · decision 42384
  5. FD 35619
    PROVIDED NOTICE THAT TENNESSEE SOUTHERN RAILROAD COMPANY, PATRIOT RAIL LLC, AND ITS SUBSIDIARIES PATRIOT RAIL HOLDINGS LLC AND PATRIOT RAIL CORP. FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF KINGMAN TERMINAL RAILROAD, LLC (KTRR) UPON KTRR'S BECOMING A CLASS III RAIL CARRIER.
    Director Of Proceedings · TENNESSEE SOUTHERN RAILROAD COMPANY, PATRIOT RAIL, LLC, PATRIOT RAIL HOLDINGS LLC, AND PATRIOT RAIL CORP.--CONTINUANCE IN CONTROL EXEMPTION--KINGMAN TERMINAL RAILROAD,LLC · decision 42379
  6. FD 35618
    PROVIDED NOTICE THAT KINGMAN TERMINAL RAILROAD, LLC, FILED A NOTICE OF EXEMPTION TO OPERATE OVER APPROXIMATELY 3 MILES OF TRACK WITHIN THE KINGMAN AIRPORT & INDUSTRIAL PARK, IN MOHAVE COUNTY, ARIZ.
    Director Of Proceedings · KINGMAN TERMINAL RAILROAD, LLC--OPERATION EXEMPTION--KINGMAN AIRPORT AUTHORITY, INC. · decision 42378
  7. MCF 21044
    DECISION TENTATIVELY APPROVED AND AUTHORIZED THE ACQUISITION OF CONTROL UNDER 49 U.S.C. 14303 OF CALCO TRAVEL, INC., HOTARD COACHES, INC., AND INDUSTRIAL BUS LINES, INC. BY ALL ABOARD AMERICA! HOLDINGS, INC., CELERITY AHI HOLDINGS SPV, LLC, AND CELERITY PARTNERS IV, LLC.
    Entire Board · CELERITY PARTNERS IV, LLC, CELERITY AHI HOLDINGS SPV, LLC, AND ALL ABOARD AMERICA! HOLDINGS, INC.--CONTROL--CALCO TRAVEL, INC., HOTARD COACHES, INC., AND INDUSTRIAL BUS LINES, INC. d/b/a ALL ABOARD AMERICA! · decision 42362
  8. AB 6 (Sub-No. 481X)
    DETERMINED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.
    Director, Office Of Environmental Analysis · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WALSH AND PEMBINA COUNTIES, N.D. · decision 42354
  9. NOR 42119
    DECISION GRANTED A PETITION FILED BY UNION PACIFIC RAILROAD COMPANY FOR THE SIMULTANEOUS FILING OF FINAL BRIEFS.
    Director Of Proceedings · NORTH AMERICA FREIGHT CAR ASSOCIATION V. UNION PACIFIC RAILROAD COMPANY · decision 42341
  10. NOR 42135
    PROVIDED NOTICE THAT DENVER ROCK ISLAND RAILROAD COMPANY AND UNION PACIFIC RAILROAD COMPANY SHOULD NOW PROCEED WITH THE SELECTION OF AN ARBITRATOR.
    Director Of Proceedings · DENVER ROCK ISLAND RAILROAD COMPANY v. UNION PACIFIC RAILROAD COMPANY · decision 42295
  11. AB 308 (Sub-No. 4X)
    DECISION GRANTED DARK PROPERTIES, INC.'S REQUEST TO EXTEND THE RAILBANKING PERIOD UNTIL NOVEMBER 1, 2012.
    Director Of Proceedings · CENTRAL MICHIGAN RAILWAY COMPANY–ABANDONMENT EXEMPTION–IN KENT COUNTY, MICH. · decision 42395
  12. AB 6 (Sub-No. 474X)
    DECISION GRANTED AN EXTENSION OF TIME TO NEGOTIATE A TRAIL USE/RAIL BANKING AGREEMENT.
    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WASHINGTON COUNTY, MINN. · decision 42345
  13. AB 392 (Sub-No. 1X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) DETERMINED THAT THE NOTICE SERVED ON MARCH 21, 2012, IS SUBJECT TO CERTAIN CONDITIONS.
    Director Of Proceedings · ARKANSAS MIDLAND RAILROAD COMPANY, INC.--ABANDONMENT EXEMPTION--IN PHILLIPS COUNTY, ARK. · decision 42402
  14. FD 35387
    DECISION DISMISSED, WITHOUT PREJUDICE, A PETITION FOR DECLARATORY ORDER FILED BY AG PROCESSING INC A COOPERATIVE THAT CHALLENGED A TARIFF ON CHARGES AND PENALTIES ON LOADED RAILCARS THAT BECOME OVERWEIGHT DURING TRANSIT DUE TO INCLEMENT WEATHER.
    Entire Board · AG PROCESSING INC A COOPERATIVE--PETITION FOR DECLARATORY ORDER · decision 41391
  15. AB 6 (Sub-No. 480X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE SERVED ON APRIL 9, 2012.
    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN OKLAHOMA COUNTY, OKLA. · decision 42360
  16. FD 35606
    DECISION: (1) GRANTED A MOTION TO DISMISS THE NOTICE OF EXEMPTION FILED BY THE STATE OF MICHIGAN DEPARTMENT OF TRANSPORTATION; AND (2) DETERMINED THE PROPOSED TRANSACTION TO ACQUIRE CERTAIN ASSETS OF RAIL LINE IN MICHIGAN IS CONSISTENT WITH THE STATE OF MAINE PRECEDENT AND WOULD NOT THEREFORE BE SUBJECT TO THE BOARD'S AUTHORITY.
    Entire Board · STATE OF MICHIGAN DEPARTMENT OF TRANSPORTATION--ACQUISITION EXEMPTION--CERTAIN ASSETS OF NORFOLK SOUTHERN RAILWAY COMPANY. · decision 42320
  17. AB 1072-X
    PROVIDED NOTICE THAT IOWA RIVER RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 34.35-MILE LINE OF RAILROAD BETWEEN MILEPOST 209.00 AND MILEPOST 243.35 AT OR NEAR MARSHALLTOWN, IN MARSHALL AND HARDIN COUNTIES, IOWA.
    Director Of Proceedings · IOWA RIVER RAILROAD, INC.--ABANDONMENT EXEMPTION--IN MARSHALL AND HARDIN COUNTIES, IOWA · decision 42349
  18. EP 707
    DECISION: (1) PROVIDED NOTICE THAT THE BOARD PROPOSED RULES TO ESTABLISH THAT ANY PERSON RECEIVING RAIL CARS FROM A RAIL CARRIER THAT DETAINED CARS BEYOND A SPECIFIED TIME BE HELD LIABLE FOR DEMURRAGE; (2) AND CLARIFIED THE BOARD'S INTENTION TO CONSTRUE THE PROVISIONS OF 49 U.S.C § 10743 AS APPLYING TO CARRIERS' LINE-HAUL RATES, BUT NOT TO CARRIERS' CHARGES FOR DEMURRAGE.
    Entire Board · DEMURRAGE LIABILITY · decision 42239

Proceedings that moved in the week of 7 May 2012

DocketProceedingFilingsLast activity
AB 303 (Sub-No. 26X) WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN ASHLAND COUNTY, WIS. 2
NOR 42132 CANEXUS CHEMICALS CANADA, L.P. V. BNSF RAILWAY COMPANY 1
NOR 42056 TEXAS MUNICIPAL POWER AGENCY V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 2
EP 558 (Sub-No. 15) RAILROAD COST OF CAPITAL-2011 1
AB 303 (Sub-No. 31X) WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN SAWYER COUNTY, WIS. 1
FD 30186 (Sub-No. 2) TONGUE RIVER RAILROAD COMPANY--RAIL CONSTRUCTION AND OPERATION--ASHLAND TO DECKER, MONTANA 4
FD 30186 (Sub-No. 3) TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT 4
AB 565 (Sub-No. 1X) NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. 1
FD 35618 KINGMAN TERMINAL RAILROAD, LLC--OPERATION EXEMPTION--KINGMAN AIRPORT AUTHORITY, INC. 1
FD 35623 CLEVELAND COMMERCIAL RAILROAD COMPANY, LLC --CONTINUANCE IN CONTROL EXEMPTION--CLEVELAND HARBOR BELT RAILROAD 1
FD 35624 CLEVELAND HARBOR BELT RAILROAD--OPERATION EXEMPTION--CLEVELAND-CUYAHOGA COUNTY PORT AUTHORITY 1
AB 308 (Sub-No. 4X) CENTRAL MICHIGAN RAILWAY COMPANY–ABANDONMENT EXEMPTION–IN KENT COUNTY, MICH. 2
FD 35622 STEELRIVER INFRASTRUCTURE PARTNERS LP, STEELRIVER INFRASTRUCTURE ASSOCIATES LLC, STEELRIVER INFRASTRUCTURE FUND NORTH AMERICA LP AND PATRIOT FUNDING LLC--CONTROL EXEMPTION--PATRIOT RAIL CORP., ET AL. 2
AB 102 (Sub-No. 13) MISSOURI-KANSAS-TEXAS RAILROAD COMPANY--ABANDONMENT--IN ST. CHARLES, WARREN, MONTGOMERY, CALLAWAY, BOONE, HOWARD, COOPER AND PETTIS COUNTIES, MO. 1
NOR 42130 SUNBELT CHLOR ALKALI PARTNERSHIP V. NORFOLK SOUTHERN RAILWAY COMPANY 1

Captions and summaries appear as the Board prints them. Counts are filings observed in the record between 7–13 May 2012; decisions are listed above and not counted here. Dates are quoted from the record, never computed.

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