Week of 7 Jan 2013

Decisions served

1. 11 Jan 2013 FD 35704
   PROVIDED NOTICE THAT CARLOAD EXPRESS, INC. FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF OHIO TERMINAL RAILWAY COMPANY (OTRC), UPON OTRC'S BECOMING A CLASS III RAIL CARRIER.

   Director Of Proceedings · CARLOAD EXPRESS, INC.--CONTINUANCE IN CONTROL EXEMPTION--OHIO TERMINAL RAILWAY COMPANY · decision 42870
2. 11 Jan 2013 FD 35703
   PROVIDED NOTICE THAT OHIO TERMINAL RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO OPERATE A 12.2-MILE LINE, KNOWN AS THE OMAL SECONDARY TRACK, FROM MILEPOST 60.5 AT OR NEAR POWHATAN POINT, TO MILEPOST 72.7 AT OR NEAR HANNIBAL, IN MONROE COUNTY, OHIO, PURSUANT TO AN OPERATING AGREEMENT WITH HANNIBAL REAL ESTATE, LLC.

   Director Of Proceedings · OHIO TERMINAL RAILWAY COMPANY--OPERATION EXEMPTION-- HANNIBAL REAL ESTATE, LLC · decision 42869
3. 11 Jan 2013 FD 35699
   PROVIDED NOTICE WATCO HOLDINGS, INC. (WATCO HOLDINGS), WATCO RAILROAD COMPANY HOLDINGS, INC. (WATCO RAILROAD), AND WATCO ACQUISITION SUB, INC. FILED NOTICE OF EXEMPTION FOR WATCO HOLDINGS TO INDIRECTLY CONTROL, AND FOR WATCO RAILROAD TO DIRECTLY CONTROL, ANN ARBOR RAILROAD, INC.

   Director Of Proceedings · WATCO HOLDINGS, INC., WATCO RAILROAD COMPANY HOLDINGS, INC., & WATCO ACQUISITION SUB, INC.--ACQUISITION OF CONTROL EXEMPTION--ANN ARBOR RAILROAD, INC. · decision 42867
4. 11 Jan 2013 FD 35708
   DECISION GRANTED A MOTION FOR PROTECTIVE ORDER FILED BY KOCH INDUSTRIES, INC.

   Director Of Proceedings · KOCH INDUSTRIES, INC.--ACQUISITION OF CONTROL EXEMPTION--TEXAS SOUTH-EASTERN RAILROAD COMPANY · decision 42866
5. 11 Jan 2013 FD 35708
   PROVIDED NOTICE THAT KOCH INDUSTRIES, INC. FILED A NOTICE OF EXEMPTION TO ACQUIRE INDIRECT CONTROL OF TEXAS SOUTH-EASTERN RAILROAD CO.

   Director Of Proceedings · KOCH INDUSTRIES, INC.--ACQUISITION OF CONTROL EXEMPTION--TEXAS SOUTH-EASTERN RAILROAD COMPANY · decision 42865
6. 11 Jan 2013 FD 35705
   DECISION REJECTS A NOTICE OF EXEMPTION FILED BY JAMES RIFFIN AND ERIC STROHMEYER TO OPERATE A RAILROAD LINE IN SOUTHERN COLORADO OWNED BY DENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATON (DRGHF), AND TO ACQUIRE TRACKAGE RIGHTS FROM DRGHF OVER THE LINE.

   Entire Board · JAMES RIFFIN AND ERIC STROHMEYER-ACQUISTION AND OPERATION EXEMPTION-IN RIO GRANDE AND MINERAL COUNTIES, COLO. · decision 42828
7. 10 Jan 2013 AB 6 (Sub-No. 482X)
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A PETITION FOR EXEMPTION TO ABANDON A RAIL LINE IN COOK COUNTY, ILL.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN COOK COUNTY, ILL. · decision 42858
8. 9 Jan 2013 FD 35522
   FINAL ENVIRONMENTAL ASSESSMENT CONCLUDED THAT THE PROPOSED TRANSACTION WOULD HAVE NO SIGNIFICANT IMPACTS IF THE BOARD IMPOSES, AND CSX TRANSPORTATION, INC. IMPLEMENTS, THE MITIGATION MEASURES RECOMMENDED IN THE DRAFT ENVIRONMENTAL ASSESSMENT IN THIS PROCEEDING, WITH CERTAIN MINOR CHANGES.

   Director, Office Of Environmental Analysis · CSX TRANSPORTATION, INC.--ACQUISITION OF OPERATING EASEMENT--GRAND TRUNK WESTERN RAILROAD COMPANY · decision 42871
9. 9 Jan 2013 AB 1091-X
   PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY (UP) AND BROWNSVILLE AND MATAMORAS BRIDGE COMPANY (B&M) JOINTLY FILED A PETITION FOR EXEMPTION TO PERMIT: (1) UP TO ABANDON AND DISCONTINUE A CERTAIN PORTION OF UP'S BROWNSVILLE SUBDIVISION; AND (2) B&M TO ABANDON A CERTAIN LINE IN CAMERON COUNTY, TEX.

   Director Of Proceedings · BROWNSVILLE AND MATAMOROS BRIDGE COMPANY--ABANDONMENT EXEMPTION--IN CAMERON COUNTY, TEX. · also entered in AB 33 (Sub-No. 306X) · decision 42856
10. 8 Jan 2013 FD 30186
    DECISION PROVIDED NOTICE THAT THE BOARD ACCEPTED A DECEMBER 17, 2012 SUPPLEMENTAL APPLICATION FILED BY TONGUE RIVER RAILROAD COMPANY, INC. TO CONSTRUCT AND OPERATE A RAIL LINE IN SOUTHEAST MONTANA.

    Entire Board · TONGUE RIVER RAILROAD COMPANY, INC.--RAIL CONSTRUCTION AND OPERATION--IN CUSTER, POWDER RIVER AND ROSEBUD COUNTIES, MONT. · decision 42845
11. 8 Jan 2013 AB 55 (Sub-No. 724X)
    DETERMINED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

    Director, Office Of Environmental Analysis · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN EWING TOWNSHIP, MERCER COUNTY, N.J . · decision 42835
12. 8 Jan 2013 FD 35685
    DECISION REJECTS A NOTICE OF EXEMPTION FILED BY RAIL SWITCHING SERVICES, INC. (RSS) TO OPERATE APPROXIMATELY 4.9 MILES OF RAIL LINE OWNED BY PEMISCOT PORT AUTHORITY (PCPA). THE DECISION FINDS THAT RSS FAILED TO REACH AN AGREEMENT WITH PCPA, THUS RSS WOULD NOT QUALITY FOR AN EXEMPTION.

    Entire Board · RAIL SWITCHING SERVICES INC.--OPERATION EXEMPTION--PEMISCOT COUNTY PORT AUTHORITY · also entered in FD 35686 · decision 42758
13. 7 Jan 2013 AB 303 (Sub-No. 39X)
    DECISION GRANTED AN EXTENSION OF TIME TO NEGOTIATE AN INTERIM TRAIL USE/RAIL BANKING AGREEMENT.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN MANITOWOC COUNTY, WIS. · decision 42877
14. 7 Jan 2013 NOR 42123
    DECISION GRANTED A REQUEST TO DISMISS THE COMPLAINT WITH PREJUDICE FOR PAST AND FUTURE MOVEMENTS UNDER THE CHALLENGED RATES, THROUGH DECEMBER 31, 2015, AND TO DISCONTINUE THIS PROCEEDING.

    Director Of Proceedings · M&G POLYMERS USA, LLC V. CSX TRANSPORTATION, INC. · decision 42862
15. 7 Jan 2013 AB 364 (Sub-No. 16X)
    DECISION GRANTED AN EXTENSION OF TIME TO NEGOTIATE TRAIL USE IN THIS PROCEEDING.

    Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN MUSKEGON COUNTY, MICH. · decision 42851