Week of 29 Dec 2014

Decisions served

1. 2 Jan 2015 FD 35889
   PROVIDED NOTICE THAT ALABAMA SOUTHERN RAILROAD, L.L.C. FILED A NOTICE OF EXEMPTION TO CONTINUE TO LEASE FROM THE KANSAS CITY SOUTHERN RAILWAY COMPANY AND OPERATE APPROXIMATELY 85.6 MILES OF RAIL LINES LOCATED BETWEEN: (1) MILEPOST 17.0, NEAR COLUMBUS, MISS., AND MILEPOST 78.9, NEAR TUSCALOOSA, ALA., ON THE TUSCALOOSA SUBDIVISION; (2) MILEPOST 0.0, AT TUSCALOOSA AND MILEPOST 9.3, NEAR FOX, ALA., ON THE WARRIOR BRANCH; AND (3) MILEPOST 443.5, AT BROOKWOOD JCT., ALA., AND MILEPOST 429.1, AT BROOKWOOD, ALA., ON THE BROOKWOOD BRANCH.

   Director Of Proceedings · ALABAMA SOUTHERN RAILROAD, L.L.C.--LEASE AND OPERATION EXEMPTION INCLUDING INTERCHANGE COMMITMENT--THE KANSAS CITY SOUTHERN RAILWAY COMPANY · decision 44203
2. 2 Jan 2015 FD 35892
   PROVIDED NOTICE THAT THE MASSACHUSETTS DEPARTMENT OF TRANSPORTATION FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM CSX TRANSPORTATION, INC. CERTAIN RAILROAD ASSETS AND ASSOCIATED RIGHT-OF-WAY KNOWN GENERALLY AS THE FRAMINGHAM SECONDARY.

   Director Of Proceedings · MASSACHUSETTS DEPARTMENT OF TRANSPORTATION--ACQUISITION EXEMPTION--CERTAIN ASSETS OF CSX TRANSPORTATION, INC. · decision 44195
3. 2 Jan 2015 AB 290 (Sub-No. 371X)
   PROVIDED NOTICE THAT THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY, A WHOLLY OWNED SUBSIDIARY OF NORFOLK SOUTHERN RAILWAY COMPANY, FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER APPROXIMATELY 3.60 MILES OF CONNECTING RAIL LINES IN ST. TAMMANY PARISH, LA.

   Director Of Proceedings · THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY- DISCONTINUANCE OF SERVICE EXEMPTION - IN ST. TAMMANY PARISH, LA. · decision 44194
4. 2 Jan 2015 AB 290 (Sub-No. 363X)
   PROVIDED NOTICE THAT NORFOLK SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER APPROXIMATELY 1.40 MILES OF RAIL LINE IN HENRY COUNTY, VA.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY-DISCONTINUANCE OF SERVICE EXEMPTION-IN HENRY COUNTY, VA. · decision 44192
5. 2 Jan 2015 FD 35891
   PROVIDED NOTICE THAT TRANSDISTRIBUTION RIDGELAND RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM SWEETENER SUPPLY COMPANY, INC., AND TO OPERATE, PURSUANT TO AN OPERATING AGREEMENT, APPROXIMATELY 1,230 FEET (0.23 MILE) OF RAIL LINE REFERRED TO AS THE BERWYN TRANSLOAD FACILITY TRACKAGE IN BERWYN, ILL.

   Director Of Proceedings · TRANSDISTRIBUTION RIDGELAND RAILROAD COMPANY-ACQUISITION AND OPERATION EXEMPTION-SWEETENER SUPPLY COMPANY, INC. · decision 44188
6. 2 Jan 2015 FD 35890
   PROVIDED NOTICE THAT TRANSDISTRIBUTION BROOKFIELD RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM SWEETENER SUPPLY COMPANY, INC., AND TO OPERATE, PURSUANT TO AN OPERATING AGREEMENT, APPROXIMATELY 2,450 FEET (0.46 MILE) OF RAIL LINE REFERRED TO AS THE BROOKFIELD TRANSLOAD FACILITY TRACKAGE IN BROOKFIELD, ILL.

   Director Of Proceedings · TRANSDISTRIBUTION BROOKFIELD RAILROAD COMPANY-ACQUISITION AND OPERATION EXEMPTION-SWEETENER SUPPLY COMPANY, INC. · decision 44181
7. 31 Dec 2014 AB 355 (Sub-No. 42X)
   PROVIDED NOTICE THAT SPRINGFIELD TERMINAL RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER A LINE OF RAILROAD IN ESSEX COUNTY, MASS.

   Director Of Proceedings · SPRINGFIELD TERMINAL RAILWAY CO.--DISCONTINUANCE OF SERVICE EXEMPTION--IN ESSEX COUNTY, MASS. · decision 44187
8. 31 Dec 2014 FD 35523
   FINAL ENVIRONMENTAL ASSESSMENT ON A PROPOSAL BY CSX TRANSPORTATION, INC. AND THE LOUISVILLE AND INDIANA RAILROAD COMPANY (L&I) TO JOINTLY OPERATE OVER L&I'S 106.5-MILE RAIL LINE BETWEEN INDIANAPOLIS, IN, AND LOUISVILLE, KY.

   Director, Office Of Environmental Analysis · CSX TRANSPORTATION, INC.--JOINT USE--LOUISVILLE & INDIANA RAILROAD COMPANY, INC. · decision 44179
9. 30 Dec 2014 FD 35582
   DECISION DENIED A REQUEST FOR RECONSIDERATION OF ITS DECISION FINDING THAT RAIL-TERM CORPORATION IS A RAIL CARRIER WITHIN THE DEFINITION AT 49 U.S.C. § 10102(5).

   Entire Board · RAIL-TERM CORP.--PETITION FOR DECLARATORY ORDER · decision 44180
10. 30 Dec 2014 EP 724 (Sub-No. 4)
    THIS DECISION PROPOSED A RULE TO REQUIRE RAILROADS TO PUBLICLY FILE VARIOUS WEEKLY DATA REPORTS PERTAINING TO SERVICE PERFORMANCE.

    Entire Board · UNITED STATES RAIL SERVICE ISSUES-PERFORMANCE DATA REPORTING · decision 44168
11. 30 Dec 2014 EP 724
    DECISION DIRECTED BNSF RAILWAY COMPANY TO SUBMIT A DETAILED DESCRIPTION OF THE CONTINGENCY PLANS THE CARRIER WOULD USE TO MITIGATE AN ACUTE COAL INVENTORY SHORTAGE AT ONE OR MORE GENERATING STATIONS IN A REGION.

    Entire Board · UNITED STATES RAIL SERVICE ISSUES · decision 44159
12. 30 Dec 2014 AB 590 (Sub-No. 1X)
    DECISION IMPOSED A HOUSEKEEPING STAY, POSTPONING THE EFFECTIVE DATE OF THE EXEMPTION SOUGHT IN THIS PROCEEDING.

    Commissioner · MARYLAND TRANSIT ADMINISTRATION--ABANDONMENT EXEMPTION-- IN SOMERSET COUNTY, MD. · decision 44155
13. 30 Dec 2014 FD 35803
    DECISION DECLINED TO ISSUE A DECLARATORY ORDER AT THIS TIME, BUT PROVIDED GUIDANCE ON THE PREEMPTION ISSUE AND EXPLAINED THAT THE PROPOSED RULES AT ISSUE MAY BE PREEMPTED BY § 10501(B).

    Entire Board · UNITED STATES ENVIRONMENTAL PROTECTION AGENCY--PETITION FOR DECLARATORY ORDER · decision 44003
14. 30 Dec 2014 FD 35731
    DECISION: (1) DENIED BALLARD TERMINAL RAILROAD COMPANY, L.L.C.'S REQUEST FOR AUTHORITY TO REINSTITUTE RAIL SERVICE ON A LINE OF RAILROAD OWNED BY THE CITY OF KIRKLAND, WASH., CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, AND KING COUNTY, WASH. THAT IS CURRENTLY SUBJECT TO INTERIM TRAIL USE/RAIL BANKING UNDER THE NATIONAL TRAILS SYSTEM ACT, 16 U.S.C. § 1247(D); AND (2) DENIED BALLARD'S RELATED PETITION TO PARTIALLY VACATE THE NOTICE OF INTERIM TRAIL USE THAT HAD BEEN ISSUED FOR THE LINE.

    Entire Board · BALLARD TERMINAL RAILROAD COMPANY, L.L.C.-ACQUISTION AND OPERATION EXEMPTION-WOODINVILLE SUBDIVISION · also entered in AB 6 (Sub-No. 465X) · decision 43963
15. 30 Dec 2014 FD 32760
    DECISION DENIED A PETITION FOR RECONSIDERATION OF THE BOARD'S DECEMBER 20, 2013 DECISION IN THIS PROCEEDING, FINDING THAT THE PETITIONERS HAVE FAILED TO SHOW THAT THE BOARD COMMITTED MATERIAL ERROR.

    Entire Board · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY UP-SP MERGER · decision 43887
16. 29 Dec 2014 FD 30186
    DECISION GRANTED AN EXTENSION IN THIS PROCEEDING.

    Director Of Proceedings · TONGUE RIVER RAILROAD COMPANY, INC.--RAIL CONSTRUCTION AND OPERATION--IN CUSTER, POWDER RIVER AND ROSEBUD COUNTIES, MONT. · decision 44209