Week of 11 May 2015

Decisions served

1. 15 May 2015 AB 449 (Sub-No. 3X)
   DECISION GRANTED AN EXTENSION IN THIS PROCEEDING.

   Director Of Proceedings · WESTERN KENTUCKY RAILWAY, LLC--ABANDONMENT EXEMPTION--IN WEBSTER, UNION, CALDWELL AND CRITTENDEN COUNTIES, KY. · decision 44493
2. 15 May 2015 AB 55 (Sub-No. 670X)
   DECISION GRANTED AN EXTENSION OF TIME.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS. · decision 44492
3. 15 May 2015 FD 35772
   PROVIDED NOTICE THAT SAN JOAQUIN VALLEY RAILROAD CO., FILED A NOTICE OF EXEMPTION TO CONTINUE TO LEASE FROM BNSF RAILWAY COMPANY AND OPERATE THE LANDCO SPUR LINE BETWEEN THE PORTERVILLE SUBDIVISION, MP 111+ 4029 FEET, NEAR OIL JUNCTION, CAL., AND MILEPOST 113 + 3717 FEET AT OR NEAR BAKERSFIELD, CAL., A DISTANCE OF APPROXIMATELY 2.0 +/- MILES.

   Director Of Proceedings · SAN JOAQUIN VALLEY RAILROAD CO.--LEASE AMENDMENT AND OPERATION EXEMPTION INCLUDING INTERCHANGE COMMITMENT--BNSF RAILWAY COMPANY · decision 44472
4. 15 May 2015 FD 35928
   PROVIDED NOTICE THAT GEORGES CREEK RAILWAY, LLC FILED A NOTICE OF EXEMPTION TO OPERATE APPROXIMATELY 5.4 MILES OF RAIL LINE CURRENTLY OWNED BY CSX TRANSPORTATION, INC. (CSXT) IN ALLEGANY COUNTY, MD., CONSISTING OF: (1) APPROXIMATELY 4.8 MILES OF CSXT'S GEORGES CREEK SUBDIVISION BETWEEN BARTON, APPROXIMATELY MILEPOST BAI 27.0, AND WESTERNPORT, APPROXIMATELY MILEPOST BAI 31.6; AND (2) APPROXIMATELY 0.60 MILE OF CSXT'S THOMAS SUBDIVISION, NAMELY THE TWO TRACKS RUNNING PARALLEL TO THE THOMAS MAINLINE TRACK BETWEEN APPROXIMATELY MILEPOST BAH 26.2 AND APPROXIMATELY MILEPOST BAH 26.8.

   Director Of Proceedings · GEORGES CREEK RAILWAY, LLC - OPERATION EXEPTION - LINES OF CSX TRANSPORTATION, INC. · decision 44470
5. 15 May 2015 FD 35927
   PROVIDED NOTICE THAT EIGHTEEN THIRTY GROUP, LLC FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM CSX TRANSPORTATION, INC. (CSXT) APPROXIMATELY 5.4 MILES OF RAIL LINE IN ALLEGANY COUNTY, MD., CONSISTING OF: (1) APPROXIMATELY 4.8 MILES OF CSXT'S GEORGES CREEK SUBDIVISION BETWEEN BARTON, APPROXIMATELY MILEPOST BAI 27.0, AND WESTERNPORT, APPROXIMATELY MILEPOST BAI 31.6; AND (2) APPROXIMATELY 0.60 MILES OF CSXT'S THOMAS SUBDIVISION, NAMELY THE TWO TRACKS RUNNING PARALLEL TO THE THOMAS MAINLINE TRACK BETWEEN APPROXIMATELY MILEPOST BAH 26.2 AND APPROXIMATELY MILEPOST BAH 26.8.

   Director Of Proceedings · EIGHTEEN THIRTY GROUP, LLC--ACQUISITION EXEMPTION--LINES OF CSX TRANSPORTATION, INC. · decision 44469
6. 15 May 2015 EP 726
   DECISION INSTITUTES A RULEMAKING PROCEEDING TO DEFINE 'ON TIME PERFORMANCE.'

   Entire Board · ON-TIME PERFORMANCE UNDER SECTION 213 OF THE PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008 · decision 44440
7. 15 May 2015 FD 35873
   DECISION AUTHORIZED, SUBJECT TO CONDITIONS, THE ACQUISITION BY NORFOLK SOUTHERN RAILWAY COMPANY OF 282.55 MILES OF RAIL LINE, IN NEW YORK AND PENNSYLVANIA, OWNED BY THE DELAWARE & HUDSON RAILWAY COMPANY, INC.

   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 44295
8. 15 May 2015 FD 35087 (Sub-No. 8)
   DECISION FOUND THAT THE VILLAGE OF BARRINGTON HAS NOT PRESENTED NEW EVIDENCE OR SUBSTANTIALLY CHANGED CIRCUMSTANCES THAT SUPPORT THE ADDITIONAL MITIGATION CONDITION THAT THE VILLAGE IS SEEKING.

   Entire Board · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 44282
9. 15 May 2015 FD 35557
   DECISION DENIES A PETITION TO RECONSIDER ITS DECISION THAT THE 'SAFE HARBOR' PROVISION OF A BNSF RAILWAY COMPANY TARIFF, WHICH REQUIRES COAL SHIPPERS TO TAKE CERTAIN ACTIONS INTENDED TO REDUCE THE AMOUNT OF COAL DUST LOST FROM RAILCARS DURING TRANSIT FROM MINES IN THE POWDER RIVER BASIN, IS NOT UNREASONABLE.

   Entire Board · REASONABLENESS OF BNSF RAILWAY COMPANY COAL DUST MITIGATION TARIFF PROVISIONS · decision 43900
10. 14 May 2015 FD 35874
    DECISION INSTITUTED A PROCEEDING UNDER 49 U.S.C. § 10502(b).

    Director Of Proceedings · LONE STAR RAILROAD, INC. AND SOUTHERN SWITCHING COMPANY-TRACK CONSTRUCTION AND OPERATION EXEMPTION-IN HOWARD COUNTY, TEX. · decision 44446
11. 14 May 2015 AB 590 (Sub-No. 1X)
    DECISION DENIED MARYLAND TRANSIT AUTHORITY'S REQUEST TO ABANDON APPROXIMATELY 14.57 MILES OF RAIL LINE IN SOMERSET COUNTY, MD., AS WELL AS A CORRESPONDING PETITION SEEKING EXEMPTION FROM THE BOARDS OFFER OF FINANCIAL ASSISTANCE PROVISIONS AND PUBLIC USE PROVISIONS.

    Entire Board · MARYLAND TRANSIT ADMINISTRATION--ABANDONMENT EXEMPTION-- IN SOMERSET COUNTY, MD. · decision 44418
12. 14 May 2015 AB 277 (Sub-No. 1X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) VACATED THE NOTICE OF INTERIM TRAIL USE SERVED ON FEBRUARY 20, 2001.

    Director Of Proceedings · WEST VIRGINIA NORTHERN RAILROAD INC ABANDONMENT EXEMPTION--IN PRESTON COUNTY, WV · decision 44417
13. 14 May 2015 FD 35785
    DECISION STATED THAT THE BOARD IS UNABLE TO REACH A MAJORITY DECISION ON AN APPEAL OF A DIRECTOR'S ORDER THAT REQUIRED EMPLOYEE PROTECTIVE CONDITIONS FOR A CORPORATE FAMILY TRANSACTION AND THAT, ACCORDINGLY, THE APPEAL CANNOT BE GRANTED AND THE DIRECTOR'S ORDER REMAINS IN EFFECT. THE BOARD WILL TAKE NO FURTHER ACTION IN THIS MATTER.

    Entire Board · THE THREE RIVERS RAILWAY COMPANY--CORPORATE FAMILY MERGER EXEMPTION--MAHONING STATE LINE RAILROAD COMPANY · decision 44394
14. 14 May 2015 NOR 42113
    DECISION: (1) REINSTITUTED THE RATE PRESCRIPTION IN THIS PROCEEDING FOR THE YEARS 2009-2013, USING THE MOST RECENT, CORRECTED FINANCIAL DATA AVAILABLE TO THE BOARD TO RESTATE THE BNSF AND WESTERN REGION VARIABLE COSTS FOR 2010-2012, AND USING THE MOST RECENTLY AVAILABLE 2013 DATA; AND (2) CONTINUE TO HOLD THIS CASE IN ABEYANCE FOR 2014-2018, TO ALLOW THE ASSET MARKUP RESULTING FROM THE BERKSHIRE HATHAWAY ACQUISITION OF BNSF TO BE FULLY REFLECTED IN BNSF'S VARIABLE COSTS AND THE RATE PRESCRIPTION.

    Entire Board · ARIZONA ELECTRIC POWER COOPERATIVE, INC. V. BNSF RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · decision 44298
15. 14 May 2015 FD 35799
    DECISION DENIED PETITIONS FROM FIVE LABOR UNIONS THAT ASKED THE BOARD TO TREAT A TRANSACTION A CERTAIN WAY.

    Entire Board · RAPID CITY, PIERRE & EASTERN RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION INCLUDING INTERCHANGE COMMITMENT--DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION · also entered in FD 35800 · decision 43881
16. 13 May 2015 AB 156 (Sub-No. 27X)
    DECISION: (1) ORDERED DELAWARE & HUDSON RAILWAY COMPANY, INC. TO SUBMIT A SUPPLEMENT TO ITS MARCH 19, 2015 NOTICE OF EXEMPTION THAT INCLUDES ALL OMITTED INFORMATION REQUIRED BY 49 C.F.R. § 1152.50; AND (2) PLACED THIS PROCEEDING IN ABEYANCE UNTIL FURTHER ORDER FROM THE BOARD.

    Director Of Proceedings · DELAWARE AND HUDSON RAILWAY COMPANY, INC.-DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION-IN BROOME COUNTY, N.Y.; MIDDLESEX, ESSEX, UNION, SOMERSET, HUNTERDON, AND WARREN COUNTIES, N.J.; CUMBERLAND, CHESTER, LUZERNE, PERRY, YORK, LANCASTER, NORTHAMPTON, LEHI · decision 44496
17. 12 May 2015 AB 314 (Sub-No. 7X)
    DECISION ALLOWS CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY TO END ITS COMMON CARRIER OBLIGATION TO PROVIDE FREIGHT RAIL SERVICE OVER APPROXIMATELY 2.56 MILES OF RAIL LINE ACROSS AND ADJACENT TO THE MISSOURI RIVER IN IOWA AND NEBRASKA.

    Entire Board · CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN POTTAWATTAMIE COUNTY, IOWA, AND DOUGLAS COUNTY, NEB. · decision 44277
18. 11 May 2015 AB 290 (Sub-No. 355X)
    DECISION REOPENED THIS PROCEEDING AND REMOVED A CONDITION IMPOSED IN THE MARCH 5, 2015 DECISION.

    Director Of Proceedings · THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY COMPANY -- ABANDONMENT EXEMPTON -- IN SCOTT COUNTY, TENN. · decision 44434
19. 11 May 2015 AB 43 (Sub-No. 189X)
    DECISION DENIED TOPFLIGHT GRAIN COOPERATIVE'S REQUEST TO ACCEPT ITS LATE-FILED NOTICE OF INTENT TO FILE AN OFFER OF FINANCIAL ASSISTANCE, AND REJECTED THE NOTICE OF INTENT.

    Director Of Proceedings · ILLINOIS CENTRAL RAILROAD COMPANY--DISCONTINUANCE EXEMPTION--IN CHAMPAIGN COUNTY, ILL. · decision 44422