Week of 15 Jul 2013

Decisions served

1. 19 Jul 2013 NOR 42121
   DECISION GRANTED MULTIPLE MOTIONS FILED BY TOTAL PETROCHEMICALS & REFINING USA, INC. TO COMPEL THE PRODUCTION BY CSX TRANSPORTATION, INC. OF UPDATED DISCOVERY RESPONSES.

   Entire Board · TOTAL PETROCHEMICALS & REFINING USA, INC. V. CSX TRANSPORTATION, INC. · decision 43221
2. 19 Jul 2013 FD 35683
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED AND CORRECTED THE LINE DESCRIPTION IN THE NOTICE OF EXEMPTION SERVED AND PUBLISHED IN THIS PROCEEDING ON OCTOBER 31, 2013.

   Director Of Proceedings · ABE FAIRMONT, LLC--ACQUISITION AND OPERATION EXEMPTION--BNSF RAILWAY COMPANY · decision 43220
3. 19 Jul 2013 FD 35750
   PROVIDED NOTICE THAT RAMSEY COUNTY REGIONAL RAILROAD AUTHORITY FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM THE CITY OF MAPLEWOOD, MINN., THE RIGHT TO RESTORE RAIL SERVICE OVER A RAIL BANKED RIGHT-OF-WAY.

   Director Of Proceedings · RAMSEY COUNTY REGIONAL RAILROAD AUTHORITY--ACQUISITION EXEMPTION--RIGHT TO RESTORE RAIL SERVICE OVER A RAILBANKED RIGHT-OF-WAY IN RAMSEY COUNTY, MINN. · decision 43207
4. 19 Jul 2013 AB 6 (Sub-No. 429X)
   DECISION: (1) REOPENED THIS PROCEEDING; (2) VACATED A NOTICE OF INTERIM TRAIL USE (NITU) SERVED ON SEPTEMBER 8, 2005, IN THIS PROCEEDING; AND (3) ISSUED A REPLACEMENT NITU.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN RAMSEY COUNTY, MINN. · decision 43205
5. 19 Jul 2013 AB 290 (Sub-No. 343X)
   PROVIDED NOTICE THAT CENTRAL OF GEORGIA RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON APPROXIMATELY 14.90 MILES OF RAIL LINE BETWEEN MILEPOST E 65.80 AND MILEPOST E 80.70, IN NEWTON COUNTY, GA. THE LINE TRAVERSES UNITED STATES POSTAL SERVICE ZIP CODES 30014, 30055, AND 30056.

   Director Of Proceedings · CENTRAL OF GEORGIA RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN NEWTON COUNTY, GA. · decision 43204
6. 19 Jul 2013 FD 35749
   DECISION DECLARED THAT CERTAIN ZONING DECISIONS ISSUED BY THE TOWN OF WINCHESTER, MASS. (THE TOWN), WHICH WOULD BAN FREIGHT RAIL TRANSPORTATION TO A WAREHOUSE IN THE TOWN, ARE PREEMPTED BY FEDERAL LAW.

   Entire Board · BOSTON AND MAINE CORPORATION AND SPRINGFIELD TERMINAL RAILWAY COMPANY--PETITION FOR DECLARATORY ORDER · decision 43203
7. 19 Jul 2013 AB 1109-X
   DECISION DETERMINED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Director, Office Of Environmental Analysis · CITY OF BELFAST, MAINE--ABANDONMENT EXEMPTION--IN BELFAST, ME. · decision 43186
8. 19 Jul 2013 AB 6 (Sub-No. 478X)
   DECISION: (1) REOPENED THIS PROCEEDING, (2) VACATED A NOTICE OF INTERIM TRAIL USE OR ABANDONMENT (NITU) SERVED DECEMBER 19, 2011; AND (3) ISSUED A REPLACEMENT NITU APPLICABLE TO THE CITIES FOR THE PORTION OF THE LINE BETWEEN MILEPOST 68.10 AND MILEPOST 74.91.

   Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CASS COUNTY, N.D. · decision 43152
9. 18 Jul 2013 FD 30186
   DECISION GRANTED TONGUE RIVER RAILDROAD COMPANY, INC.'S REQUEST FOR AN EXTENSION OF TIME UNTIL AUGUST 9, 2013.

   Director Of Proceedings · TONGUE RIVER RAILROAD COMPANY, INC.--RAIL CONSTRUCTION AND OPERATION--IN CUSTER, POWDER RIVER AND ROSEBUD COUNTIES, MONT. · decision 43224
10. 18 Jul 2013 FD 35748
    PROVIDED NOTICE THAT THE CITY OF PICKENS, S.C., AND THE CITY OF EASLEY, S.C., FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM PICKENS RAILWAY COMPANY APPROXIMATELY 8.5 MILES OF RAILROAD RIGHT-OF-WAY BETWEEN MILEPOST 0.0, AT OR NEAR PICKENS, AND MILEPOST 8.5, AT OR NEAR EASLEY.

    Director Of Proceedings · CITY OF PICKENS, S.C. AND CITY OF EASLEY, S.C.-ACQUISITION EXEMPTION-PICKENS RAILWAY COMPANY · decision 43206
11. 18 Jul 2013 AB 55 (Sub-No. 727X)
    PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. (CSXT) FILED A PETITION FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. § 10903 FOR CSXT TO ABANDON APPROXIMATELY 0.76 MILES OF ITS RAILROAD LINE KNOWN AS THE HAGERSTOWN INDUSTRIAL TRACK, IN HAGERSTOWN-ST. JAMES, WASHINGTON COUNTY, MD.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WASHINGTON COUNTY, MD. · decision 43200
12. 18 Jul 2013 EP 715
    DECISION PROVIDED NOTICE OF FINAL RULES REGARDING INDIVIDUAL RAIL RATE REASONABLENESS DETERMINATIONS.

    Entire Board · RATE REGULATION REFORMS · decision 42980
13. 17 Jul 2013 NOR 42136
    DECISION: (1) DIRECTED PARTIES TO LIMIT THEIR CLOSING BRIEFS IN THIS PROCEEDING TO 60 PAGES, INCLUDING EXHIBITS; AND (2) EXTENDED THE PROCEDURAL SCHEDULE TO ALLOW AN ADDITIONAL WEEK TO PREPARE THE BRIEFS IN ACCORDANCE WITH THIS DECISION.

    Director Of Proceedings · INTERMOUNTAIN POWER AGENCY V. UNION PACIFIC RAILROAD COMPANY · decision 43218
14. 17 Jul 2013 EP 431 (Sub-No. 4)
    DECISION GRANTED A MOTION FOR PROTECTIVE ORDER FILED BY UNION PACIFIC RAILROAD COMPANY.

    Director Of Proceedings · REVIEW OF THE GENERAL PURPOSE COSTING SYSTEM · decision 43175
15. 16 Jul 2013 EP 719
    PROVIDED NOTICE THAT THE BOARD PROPOSED TO DEFINE 'SMALL BUSINESS' FOR THE PURPOSE OF REGULATORY FLEXIBILITY ACT ANALYSES AS INCLUDING ONLY THOSE RAIL CARRIERS WITH REVENUES THAT WOULD BRING THEM WITHIN THE DEFINITION OF A CLASS III RAIL CARRIER.

    Entire Board · SMALL ENTITY SIZE STANDARDS UNDER THE REGULATORY FLEXIBILITY ACT · decision 43184
16. 16 Jul 2013 FD 35239
    DECISION DENIED A PETITION FILED BY ALLEGHENY VALLEY RAILROAD COMPANY FOR RECONSIDERATION OF THE BOARD'S APRIL 19, 2013 DECISION IN THIS PROCEEDING.

    Entire Board · ALLEGHENY VALLEY RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER · decision 43099
17. 15 Jul 2013 NOR 42130
    DECISION SETS A 60-PAGE LIMIT ON FINAL BRIEFS AND EXTENDS THE PROCEDURAL SCHEDULE BY ONE WEEK.

    Entire Board · SUNBELT CHLOR ALKALI PARTNERSHIP V. NORFOLK SOUTHERN RAILWAY COMPANY · decision 43219
18. 15 Jul 2013 AB 6 (Sub-No. 474X)
    DECISION GRANTED A REQUEST FOR AN EXTENSION OF TIME.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN WASHINGTON COUNTY, MINN. · decision 43215
19. 15 Jul 2013 FD 35732
    DECISION GRANTED AN EXEMPTION FOR SONOMA-MARIN AREA RAIL TRANSIT DISTRICT TO ACQUIRE APPROXIMATELY 11.25 MILES OF RAILROAD FROM GOLDEN GATE BRIDGE, HIGHWAY, AND TRANSPORTATION DISTRICT; COUNTY OF MARIN; AND MARIN COUNTY TRANSIT DISTRICT.

    Entire Board · SONOMA-MARIN AREA RAIL TRANSIT DISTRICT--ACQUISITION EXEMPTION--IN MARIN COUNTY, CAL. · decision 43164