Week of 9 Dec 2013

Decisions served

1. 13 Dec 2013 FD 35786
   PROVIDED NOTICE THAT CATERPARROTT RAILNET, LLC (CPR) FILED A NOTICE OF EXEMPTION TO CHANGE OPERATORS FROM SQUAW CREEK SOUTHERN RAILROAD, INC. TO CPR ON CERTAIN RAIL LINES LOCATED IN GEORGIA AND OWNED BY CENTRAL OF GEORGIA RAILROAD COMPANY.

   Director Of Proceedings · CATERPARROTT RAILNET, LLC--CHANGE IN OPERATORS EXEMPTION--RAIL LINES OF CENTRAL OF GEORGIA RAILROAD COMPANY · decision 43508
2. 13 Dec 2013 AB 55 (Sub-No. 729X)
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. (CSXT) FILED A NOTICE OF EXEMPTION TO ABANDON APPROXIMATELY 0.90 MILES OF RAIL LINE ON ITS NORTHERN REGION, BALTIMORE DIVISION, LURGAN SUBDIVISION, BETWEEN MILEPOST BBT 3.9 AT THE CONNECTION TO CSXT'S MAIN LINE AND THE END OF TRACK AT MILEPOST BBT 3.0 AT ALTERNATE ROUTE US 40, SOUTH OF EASTERN BOULEVARD SOUTH IN HAGERSTOWN, IN WASHINGTON COUNTY, MD.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN WASHINGTON COUNTY, MD. · decision 43494
3. 13 Dec 2013 AB 507 (Sub-No. 1X)
   DECISION DETERMINED THAT THE ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT.

   Director, Office Of Environmental Analysis · FLORIDA NORTHERN RAILROAD COMPANY, INC.--DISCONTINUANCE OF SERVICE EXEMPTION--IN ALACHUA COUNTY, FLA. · also entered in AB 55 (Sub-No. 718X) · decision 43481
4. 13 Dec 2013 FD 35557
   DECISION: (1) FOUND THAT THE COAL SHIPPERS CHALLENGING THE 'SAFE HARBOR' PROVISION, A TARIFF CHANGE BY BNSF RAILWAY HAVE NOT SHOWN THAT THE COAL DUST SUPPRESSION METHODS SET FORTH IN THE TARIFF ARE UNREASONABLE; AND (2) FOUND THAT ONE PROVISION REGARDING SHIPPER LIABILITY FOR ADVERSE IMPACTS FROM ANY APPROVED SUPPRESSION METHODS IS UNENFORCEABLE BECAUSE THE LANGUAGE IS OVERLY BROAD AND AMBIGUOUS.

   Entire Board · REASONABLENESS OF BNSF RAILWAY COMPANY COAL DUST MITIGATION TARIFF PROVISIONS · decision 42170
5. 12 Dec 2013 FD 35787
   PROVIDED NOTICE THAT MARK W. DOBRONSKI AND SUSAN K. DOBRONSKI HAVE FILED A NOTICE OF EXEMPTION TO INDIRECTLY CONTROL ADRIAN & BLISSFILED RAIL ROAD COMPANY (ADBF) AND ADBF'S FOUR CLASS III RAILROAD SUBSIDIARIES: CHARLOTTE SOUTHERN RAILROAD COMPANY, DETROIT CONNECTING RAILROAD COMPANY, LAPEER INDUSTRIAL RAILROAD COMPANY, AND JACKSON & LANSING RAILROAD COMPANY.

   Director Of Proceedings · MARK W. DOBRONSKI AND SUSAN K. DOBRONSKI--ACQUISITION OF CONTROL EXEMPTION--ADRIAN & BLISSFIELD RAIL ROAD COMPANY, CHARLOTTE SOUTHERN RAILROAD COMPANY, DETROIT CONNECTING RAILROAD COMPANY, LAPEER INDUSTRIAL RAILROAD COMPANY, AND JACKSON & LANSING RAILROAD COMPANY. · decision 43501
6. 12 Dec 2013 FD 35777
   DECISION ALLOWED NEW ORLEANS & GULF COAST RAILWAY COMPANY, INC. TO CONTINUE TO LEASE FROM UNION PACIFIC RAILROAD COMPANY AND OPERATE APPROXIMATELY 11.52 MILES OF RAIL LINE IN LOUISIANA WITHOUT GIVING EMPLOYEES THE FULL 60-DAY ADVANCE NOTICE OF THE TRANSACTION BECAUSE NO EMPLOYEES WOULD BE ADVERSELY AFFECTED BY THE TRANSACTION.

   Entire Board · NEW ORLEANS & GULF COAST RAILWAY COMPANY, INC.--LEASE EXEMPTION CONTAINING INTERCHANGE COMMITMENT--UNION PACIFIC RAILROAD COMPANY · decision 43463
7. 12 Dec 2013 EP 665 (Sub-No. 1)
   DECISION INVITED PUBLIC COMMENT ON HOW TO ENSURE THE BOARD'S RATE COMPLAINT PROCEDURES ARE ACCESSIBLE TO GRAIN SHIPPERS AND PROVIDE EFFECTIVE PROTECTION AGAINST UNREASONABLE FREIGHT RAIL TRANSPORTATION RATES.

   Entire Board · RAIL TRANSPORTATION OF GRAIN, RATE REGULATION REVIEW · decision 43311
8. 11 Dec 2013 AB 1068 (Sub-No. 1X)
   DECISION REOPENED THIS PROCEEDING AND REMOVED A CONDITION IMPOSED IN THE JULY 8, 2013 DECISION OF THIS PROCEEDING.

   Director Of Proceedings · MISSOURI CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CASS, HENRY, JOHNSON, AND PETTIS COUNTIES, MO. · decision 43486
9. 10 Dec 2013 AB 286 (Sub-No. 7X)
   DECISION: (1) REOPENED THIS PROCEEDING; AND (2) DETERMINED THAT THE NOTICE SERVED AND PUBLISHED ON NOVEMBER 8, 2013, IS SUBJECT TO CERTAIN CONDITIONS.

   Director Of Proceedings · THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORPORATION--ABANDONMENT EXEMPTION--PASSAIC AND MORRIS COUNTIES, N.J. · decision 43513
10. 10 Dec 2013 AB 33 (Sub-No. 316X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) DETERMINED THAT THE NOTICE SERVED AND PUBLISHED ON NOVEMBER 8, 2013, IN THIS PROCEEDING IS SUBJECT TO CERTAIN CONDITIONS.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN FRANKLIN COUNTY, IOWA · decision 43489
11. 10 Dec 2013 AB 507 (Sub-No. 1X)
    PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. (CSXT), AND FLORIDA NORTHERN RAILROAD COMPANY, INC. (FNOR) JOINTLY FILED A VERIFIED NOTICE OF EXEMPTION FOR: (1) CSXT TO ABANDON APPROXIMATELY 11.62 MILES OF RAIL LINE ON CSXT'S SOUTHERN REGION, JACKSONVILLE DIVISION, WEST COAST SUBDIVISION; AND (2) FNOR TO DISCONTINUE SERVICE OVER APPROXIMATELY 9.81 MILES OF RAIL.

    Director Of Proceedings · FLORIDA NORTHERN RAILROAD COMPANY, INC.--DISCONTINUANCE OF SERVICE EXEMPTION--IN ALACHUA COUNTY, FLA. · also entered in AB 55 (Sub-No. 718X) · decision 43487
12. 9 Dec 2013 AB 290 (Sub-No. 352X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) DETERMINED THAT THE NOTICE SERVED AND PUBLISHED ON NOVEMBER 8, 2013, IS SUBJECT TO CERTAIN CONDITIONS.

    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN FAYETTE AND WAYNE COUNTIES, IND. · decision 43454