Week of 15 Dec 2014

Decisions served

1. 19 Dec 2014 FD 35878
   PROVIDED NOTICE THAT R BULT RAIL LINES, LLC FILED A NOTICE OF EXEMPTION TO LEASE FROM MARIGOLD LAND COMPANY, LLC AND OPERATE AN APPROXIMATELY 0.46-MILE RAILROAD RIGHT-OF-WAY AND TRACKAGE CURRENTLY OWNED BY MARIGOLD IN CHICAGO, ILL.

   Director Of Proceedings · R BULT RAIL LINES, LLC-- LEASE AND OPERATION EXEMPTION -- RAIL LINE OF MARIGOLD LAND COMPANY, LLC · decision 44136
2. 19 Dec 2014 NOR 42134
   DECISION: (1) GRANTED THE MOTION OF THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) TO LIMIT ITS COMPLAINT AGAINST CANADIAN NATIONAL RAILWAY COMPANY UNDER SECTION 213 OF THE PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008 (PRIIA) TO ON-TIME PERFORMANCE ISSUES WITH RESPECT TO A SINGLE ROUTE BETWEEN CHICAGO AND CARBONDALE, ILLINOIS; AND (2) CONCLUDED THAT PENDING COURT LITIGATION INVOLVING THE CONSTITUTIONALITY OF METRICS AND STANDARDS DEVELOPED UNDER PRIIA SECTION 207 DOES NOT PRECLUDE THIS CASE FROM MOVING FORWARD.

   Entire Board · NATIONAL RAILROAD PASSENGER CORPORATION--SECTION 213 INVESTIGATION OF SUBSTANDARD PERFORMANCE ON RAIL LINES OF CANADIAN NATIONAL RAILWAY COMPANY · decision 44076
3. 18 Dec 2014 FD 32760 (Sub-No. 46)
   DECISION GRANTED A MOTION FOR PROTECTIVE ORDER IN THIS PROCEEDING.

   Director Of Proceedings · BNSF RAILWAY COMPANY--TERMINAL TRACKAGE RIGHTS--KANSAS CITY SOUTHERN RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · decision 44191
4. 18 Dec 2014 FD 35883
   DECISION GRANTED A PROTECTIVE ORDER IN THIS PROCEEDING.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-- TEMPORARY TRACKAGE RIGHTS EXEMPTION --THE KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 44178
5. 17 Dec 2014 AB 933 (Sub-No. 1X)
   DECISION DETERMINED THAT DAKOTA, MISSOURI VALLEY AND WESTERN RAILROAD, INC. IS PERMITTED TO STOP PROVIDING RAIL SERVICE OVER APPROXIMATELY 27 MILES OF RAIL LINE OWNED BY THE SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY COMPANY IN BURKE COUNTY, N.D., SUBJECT TO STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · DAKOTA, MISSOURI VALLEY AND WESTERN RAILROAD, INC.- DISCONTINUANCE OF SERVICE EXEMPTION-IN BURKE COUNTY, N.D. · decision 44189
6. 17 Dec 2014 EP 290 (Sub-No. 5)
   DECISION APPROVES THE FIRST QUARTER 2015 RAIL COST ADJUSTMENT FACTOR (RCAF) AND COST INDEX FILED BY THE ASSOCIATION OF AMERICAN RAILROADS. THE FIRST QUARTER 2015 RCAF (UNADJUSTED) IS 0.946. THE FIRST QUARTER 2015 RCAF (ADJUSTED) IS 0.405. THE FIRST QUARTER 2015 RCAF-5 IS 0.383.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 44175
7. 17 Dec 2014 FD 35882
   PROVIDED NOTICE THAT WATCO HOLDINGS, INC., A NONCARRIER, FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF BOGALUSA BAYOU RAILROAD, L.L.C. (BBRR), UPON BBRR'S BECOMING A CLASS III RAIL CARRIER.

   Director Of Proceedings · WATCO HOLDINGS, INC.-CONTINUANCE IN CONTROL EXEMPTION-BOGALUSA BAYOU RAILROAD, L.L.C. · decision 44171
8. 17 Dec 2014 FD 35873
   DECISION: (1) GRANTED A MOTION FOR A PROTECTIVE ORDER; AND (2) ADOPTED THE PROTECTIVE ORDER AND UNDERTAKINGS IN THE APPENDIX TO THIS DECISION.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-- ACQUISITION AND OPERATION-- CERTAIN RAIL LINES OF THE DELAWARE AND HUDSON RAILWAY COMPANY, INC. · decision 44165
9. 17 Dec 2014 FD 35880
   PROVIDED NOTICE THAT BOGALUSA BAYOU RAILROAD, L.L.C. (BBRR), A NONCARRIER, HAS FILED A NOTICE OF EXEMPTION UNDER 49 C.F.R. § 1150.31 TO ACQUIRE OVERHEAD TRACKAGE RIGHTS OVER A ONE-MILE RAIL LINE OWNED BY ILLINOIS CENTRAL RAILROAD COMPANY (IC) EXTENDING BETWEEN MILEPOST 68.85, AT LEESCREEK, LA., AND MILEPOST 69.85, AT BOGALUSA, LA., PURSUANT TO AN AGREEMENT BETWEEN BBRR AND IC.

   Director Of Proceedings · BOGALUSA BAYOU RAILROAD, L.L.C.-ACQUISITION OF TRACKAGE RIGHTS EXEMPTION CONTAINING INTERCHANGE COMMITMENT-ILLINOIS CENTRAL RAILROAD COMPANY · decision 44163
10. 17 Dec 2014 FD 35087
    DECISION GRANTS THE PETITION FILED BY THE VILLAGE OF BARRINGTON, ILL., AND THE TRAC COALITION TO EXTEND FOR TWO YEARS THE OVERSIGHT PERIOD FOR THE TRANSACTION IN WHICH CANADIAN NATIONAL RAILWAY AND GRAND TRUNK CORPORATION ACQUIRED CONTROL OF EJ&E WEST COMPANY.

    Entire Board · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 44079
11. 16 Dec 2014 FD 35873
    IN THIS DECISION THE BOARD ACCEPTS FOR CONSIDERATION THE APPLICATION FILED NOVEMBER 17, 2014, BY NORFOLK SOUTHERN RAILWAY COMPANY, SEEKING BOARD APPROVAL FOR THE ACQUISITION OF 282.55 MILES OF RAIL LINE OWNED BY DELAWARE AND HUDSON RAILWAY COMPANY, INC. THE BOARD DETERMINES THAT THIS IS A MINOR TRANSACTION AS DEFINED BY OUR REGULATIONS, EMBRACES TWO RELATED FILINGS, AND ADOPTS A PROCEDURAL SCHEDULE.

    Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY-- ACQUISITION AND OPERATION-- CERTAIN RAIL LINES OF THE DELAWARE AND HUDSON RAILWAY COMPANY, INC. · also entered in FD 34209 (Sub-No. 1), FD 34562 (Sub-No. 1) · decision 44138
12. 15 Dec 2014 AB 1110
    DECISION GRANTED PETITIONERS' MOTION TO DISCONTINUE THIS PROCEEDING.

    Director Of Proceedings · LACKAWAXEN-HONESDALE SHIPPERS ASSOCIATION, STOURBRIDGE RAILROAD COMPANY AND DELAWARE LACKAWAXEN, AND STOURBRIDGE RAILROAD COMPANY–ADVERSE DISCONTINUANCE OF OPERATING AUTHORITY–IN WAYNE AND PIKE COUNTIES, PA. · decision 44106