Week of 21 Mar 2016

Decisions served

1. 25 Mar 2016 FD 36001
   PROVIDED NOTICE THAT THE STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION, HAS AGREED TO GRANT BNSF RESTRICTED LOCAL TRACKAGE RIGHTS OVER APPROXIMATELY 5.3 MILES OF RAIL LINE BETWEEN MILEPOST 1.0 AT CHENEY, WA., AND MILEPOST 6.30 NEAR FOUR LAKES, WA.

   Director Of Proceedings · BNSF RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION · decision 45104
2. 25 Mar 2016 FD 35996
   PROVIDED NOTICE THAT SAN JACINTO TRANSPORTATION COMPANY, INC. FILED A NOTICE OF EXEMPTION TO OPERATE APPROXIMATELY 6 MILES OF RAIL LINE, OWNED BY SJRE-RAILROAD SERIES, IN HARRIS COUNTY, TEX., PURSUANT TO AN OPERATING AGREEMENT WITH SJRE-RAILROAD SERIES.

   Director Of Proceedings · SAN JACINTO TRANSPORTATION COMPANY, INC.--OPERATION EXEMPTION--SJRE-RAILROAD SERIES · decision 45101
3. 25 Mar 2016 FD 36009
   PROVIDED NOTICE THAT GULF & OHIO RAILWAYS, INC., AND H. PETER CLAUSSEN AND LINDA C. CLAUSSEN HAVE JOINTLY FILED TO CONTINUE IN CONTROL OF NORTH CAROLINA & ATLANTIC RAILROAD CO., INC. (NCAR), UPON NCAR'S BECOMING A CLASS III RAIL CARRIER.

   Director Of Proceedings · GULF & OHIO RAILWAYS, INC., H. PETER CLAUSSEN AND LINDA C. CLAUSSEN--CONTINUANCE IN CONTROL EXEMPTION--NORTH CAROLINA & ATLANTIC RAILROAD CO., INC · decision 45100
4. 25 Mar 2016 FD 36008
   PROVIDED NOTICE THAT NORTH CAROLINA & ATLANTIC RAILROAD CO., INC., A NONCARRIER, HAS FILED TO LEASE FROM THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND TO OPERATE, APPROXIMATELY 5.7 MILES OF RAIL LINE, REFERRED TO AS THE GLOBAL TRANSPARK RAIL CORRIDOR, BETWEEN MILEPOST GTP-0.0 AND MILEPOST GTP-5.7 AT KINSTON, IN LENOIR COUNTY, N.C., PURSUANT TO AN EXECUTED LEASE AND OPERATING AGREEMENT.

   Director Of Proceedings · NORTH CAROLINA & ATLANTIC RAILROAD CO., INC.--LEASE & OPERATION EXEMPTION--NORTH CAROLINA DEPARTMENT OF TRANSPORTATION · decision 45099
5. 24 Mar 2016 FD 35873
   DECISION STRIKED AS IRRELEVANT AND IMMATERIAL FOUR PLEADINGS FILED BY JAMES RIFFIN AND DIRECTED JAMES RIFFIN TO REFRAIN FROM MAKING INAPPROPRIATE FILINGS BEFORE THE BOARD IN THE FUTURE.

   Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY-- ACQUISITION AND OPERATION-- CERTAIN RAIL LINES OF THE DELAWARE AND HUDSON RAILWAY COMPANY, INC. · also entered in AB 156 (Sub-No. 27X) · decision 45009
6. 23 Mar 2016 AB 55 (Sub-No. 401)
   DECISION GRANTED AN EXTENSION OF TIME FOR NEGOTIATION OF AN INTERIM TRAIL USE AGREEMENT UNTIL SEPTEMBER 18, 2016.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT--BETWEEN DELPHI AND FRANKFORT, IND. · decision 45118
7. 23 Mar 2016 AB 290 (Sub-No. 335X)
   DECISION GRANTED AN EXTENSION OF TIME FOR NEGOTIATION OF AN INTERIM TRAIL USE AGREEMENT UNTIL SEPTEMBER 15, 2016.

   Director Of Proceedings · THE ALABAMA GREAT SOUTHERN RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN GADSDEN, ETOWAH COUNTY, ALA. · also entered in AB 290 (Sub-No. 340X) · decision 45116
8. 23 Mar 2016 EP 704 (Sub-No. 1)
   DECISION PROVIDED NOTICE THAT THE BOARD ISSUED A NOTICE OF PROPOSED RULEMAKING TO REVOKE THE EXISTING CLASS EXEMPTIONS UNDER 49 C.F.R. PART 1039.

   Entire Board · REVIEW OF COMMODITY, BOXCAR, AND TOFC/COFC EXEMPTIONS · decision 45108
9. 22 Mar 2016 FD 35918
   DECISION GRANTED EXTENSION OF TIME.

   Director Of Proceedings · CITY OF APPLETON--PETITION FOR DECLARATORY ORDER · decision 45115
10. 21 Mar 2016 FD 35873
    PROVIDED NOTICE THAT THE FOLLOWING COURT ACTION WAS TRANSFERRED TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT IN THIS PROCEEDING.

    Director Of Proceedings · 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 45114
11. 21 Mar 2016 NOR 42145
    DECISION GRANTED A JOINT MOTION TO MODIFY THE PROCEDURAL SCHEDULE IN THIS PROCEEDING.

    Director Of Proceedings · AGRIUM INC. AND AGRIUM U.S. INC. v. CANADIAN PACIFIC RAILWAY COMPANY · decision 45113
12. 21 Mar 2016 AB 6 (Sub-No. 487X)
    DECISION GRANTED AN EXTENSION OF THE NITU NEGOTIATING PERIOD IN THIS PROCEEDING UNTIL SEPTEMBER 15, 2016.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN COOK COUNTY, ILL. · decision 45110
13. 21 Mar 2016 AB 6 (Sub-No. 486X)
    DECISION REOPENED THE PROCEEDING AND MODIFIED THE MAY 24, 2013 NOTICE OF INTERIM TRAIL USE. BNSF RAILWAY COMPANY'S CONSUMMATION OF ABANDONMENT ON THE SEGMENT OF RAIL LINE BETWEEN MILEPOST 64.65 AND 66.7 IS EFFECTIVE ON MARCH 21, 2016. CANTON PARK DISTRICT OF CANTON, ILL.'S REQUEST FOR EXTENSION OF TIME IS GRANTED TO MAY 20, 2016.

    Director Of Proceedings · BNSF RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FULTON COUNTY, ILL. · decision 44935