Week of 6 Jun 2016

Decisions served

1. 10 Jun 2016 FD 35952
   PROVIDED NOTICE OF AN EXTENSION OF TIME FOR THE DRAFT SCOPE OF STUDY COMMENT PERIOD.

   Director, Office Of Environmental Analysis · GREAT LAKES BASIN TRANSPORTATION, INC.-RAIL CONSTRUCTION AND OPERATION-IN ROCK COUNTY, WISC., WINNEBAGO, OGLE, LEE, LASALLE, GRUNDY, AND KANKAKEE COUNTIES, ILL., AND LAKE AND PORTER COUNTIES, IND. · decision 45270
2. 10 Jun 2016 NOR 42144
   DECISION ORDERED: (1) THE PROCEDURAL SCHEDULE HELD IN ABEYANCE PENDING RESOLUTION OF THE DISCOVERY DISPUTES AND FURTHER ORDER OF THE BOARD; AND (2) DIRECTED THE PARTIES TO FILE A STATUS REPORT, INCLUDING A PROPOSED REVISED PROCEDURAL SCHEDULE, IF APPROPRIATE, BY JULY 1, 2016.

   Director Of Proceedings · NORTH AMERICA FREIGHT CAR ASSOCIATION; AMERICAN FUEL & PETROCHEMICALS MANUFACTURERS; THE CHLORINE INSTITUTE; THE FERTILIZER INSTITUTE; AMERICAN CHEMISTRY COUNCIL; ETHANOL PRODUCTS, LLC D/B/A POET ETHANOL PRODUCTS; POET NUTRITION, INC.; AND CARGILL INCORP · decision 45269
3. 10 Jun 2016 FD 36036
   DECISION EXTENDED THE DEADLINE TO FILE REPLIES TO VALERO REFINING COMPANY'S PETITION FOR DECLARATORY ORDER UNTIL JULY 8, 2016.

   Director Of Proceedings · VALERO REFINING COMPANY- PETITION FOR DECLARATORY ORDER · decision 45268
4. 10 Jun 2016 AB 55 (Sub-No. 762X)
   DECISION GRANTED HOLDING THIS PROCEEDING IN ABEYANCE UNTIL JUNE 16, 2016, AND EXTENDS THE EFFECTIVE DATE OF THE PROPOSED DISCONTINUANCE OF SERVICE UNTIL AUGUST 5, 2016.

   Director Of Proceedings · CSX TRANSPORTATION, INC. - DISCONTINUANCE OF SERVICE EXEMPTION - IN BOONE COUNTY, W.VA. · decision 45267
5. 10 Jun 2016 AB 290 (Sub-No. 327X)
   DECISION EXTENDED THE TIME PERIOD FOR NEGOTIATION OF AN INTERIM TRAIL USE AGREEMENT UNTIL JANUARY 25, 2017.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY - ABANDONMENT, DISCONTINUANCE OF TRACKAGE RIGHTS AND DISCONTINUANCE OF SERVICE - IN CLEVELAND AND RUTHERFORD COUNTIES, N.C., AND CHEROKEE COUNTY, S.C. · decision 45265
6. 10 Jun 2016 FD 36035
   PROVIDED NOTICE THAT BNSF RAILWAY COMPANY, PURSUANT TO A TRACKAGE RIGHTS AGREEMENT DATED APRIL 5, 2016, HAS AGREED TO GRANT UNION PACIFIC RAILROAD COMPANY OVERHEAD TRACKAGE RIGHTS OVER APPROXIMATELY 41.3 MILES OF RAILROAD BETWEEN MILEPOST 1.6, NEAR KANSAS CITY, MO., AND MILEPOST 42.9, NEAR PAOLA, KAN., ON BNSF'S FORT SCOTT SUBDIVISION.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY - TRACKAGE RIGHTS EXEMPTION - BNSF RAILWAY COMPANY · decision 45239
7. 10 Jun 2016 FD 36035
   DECISION GRANTED A MOTION FOR PROTECTIVE ORDER.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY - TRACKAGE RIGHTS EXEMPTION - BNSF RAILWAY COMPANY · decision 45238
8. 10 Jun 2016 AB 1239 (Sub-No. 1X)
   DECISION GRANTED CITY OF TACOMA'S REQUEST TO WITHDRAW THEIR NOTICE OF EXEMPTION.

   Director Of Proceedings · CITY OF TACOMA, DEPARTMENT OF PUBLIC UTILITIES, BELTLINE DIVISION--DISCONTINUANCE OF SERVICE EXEMPTION--IN THURSTON COUNTY, WASH. · decision 45227
9. 9 Jun 2016 FD 36037
   DECISION GRANTED THE CITY OF RICHLAND AND CITY OF RICHLAND RAILROAD'S REQUEST FOR AN EXTENSION OF TIME TO RESPOND. THE RESPONSE IS DUE ON JULY 14, 2016.

   Director Of Proceedings · TRI-CITY RAILROAD COMPANY, LLC--PETITION FOR DECLARATORY ORDER · decision 45262
10. 9 Jun 2016 AB 6 (Sub-No. 492X)
    DECISION REOPENED THIS PROCEEDING AND MODIFIED THE NOTICE OF EXEMPTION SERVED AND PUBLISHED ON MAY 11, 2016.

    Director Of Proceedings · BNSF RAILWAY COMPANY-ABANDONMENT EXEMPTION-IN THURSTON COUNTY, WASH. · decision 45254
11. 9 Jun 2016 AB 55 (Sub-No. 760X)
    PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. HAS FILED DISCONTINUE SERVICE OVER AN APPROXIMATELY 2.9-MILE RAIL LINE ON CSXT'S SOUTHERN REGION, HUNTINGTON DIVISION, POND FORK SUBDIVISION, THE ROBINSON CREEK INDUSTRIAL TRACK, FROM THE CONNECTION WITH CSXT'S MAINLINE AT MILEPOST CLK 0.0 TO THE END OF THE LINE AT MILEPOST CLK 2.9+ IN BOONE COUNTY, W.VA.

    Director Of Proceedings · CSX TRANSPORTATION, INC. - DISCONTINUANCE OF SERVICE EXEMPTION - BOONE COUNTY, W.VA. · decision 45233
12. 8 Jun 2016 FD 35991
    DECISION DIRECTED ATLANTA DEVELOPMENT AUTHORITY D/B/A INVEST ATLANTA AND ATLANTA BELTLINE INC. TO SUBMIT COPIES OF ANY AND ALL OPERATING AGREEMENTS BY JUNE 15, 2016.

    Director Of Proceedings · THE ATLANTA DEVELOPMENT AUTHORITY D/B/A INVEST ATLANTA AND ATLANTA BELTLINE, INC. - VERIFIED PETITION FOR A DECLARTORY ORDER · decision 45194
13. 7 Jun 2016 AB 33 (Sub-No. 316X)
    DECISION GRANTED AN EXTENSION OF TIME FOR NEGOTIATION OF AN INTERIM TRAIL USE/RAILBANKING AGREEMENT UNTIL NOVEMBER 24, 2016

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN FRANKLIN COUNTY, IOWA · decision 45253
14. 7 Jun 2016 FD 35842
    DECISION GRANTED THE JOINT PARTIES' RESUMPTION OF THE PROCEDURAL SCHEDULE.

    Director Of Proceedings · NEW ENGLAND CENTRAL RAILROAD, INC.--TRACKAGE RIGHTS ORDER--PAN AM SOUTHERN LLC · decision 45250
15. 7 Jun 2016 AB 1107-X
    DECISION GRANTED MICHIGAN DEPARTMENT OF NATURAL RESOURCES'S REQUEST FOR AN EXTENSION OF TIME TO NEGOTIATE TRAIL USE. THE TIME TO NEGOTIATE IS EXTENDED TO NOVEMBER 22, 2016.

    Director Of Proceedings · WEST MICHIGAN RAILROAD CO.--ABANDONMENT EXEMPTION--IN VAN BUREN COUNTY, MICH. · decision 45240
16. 7 Jun 2016 FD 36005
    DECISION ORDERED: (1) KCVN, LLC AND ITS WHOLLY OWNED SUBSIDIARY, COLORADO PACIFIC RAILROAD, LLC'S (COLLECTIVELY APPLICANTS) REPLY TO V AND S RAILWAY, LLC'S (V&S) MOTION FOR SUBPOENAS IS DUE BY JUNE 14, 2016; (2) GRANTED V&S'S MOTION FOR AN EXTENSION OF TIME; (3) VERIFIED STATEMENTS AND COMMENTS ADDRESSING THE APPLICATION MUST BE FILED BY AUGUST 1, 2016; AND (4) VERIFIED REPLIES BY APPLICANTS AND OTHER INTERESTED PARTIES MUST BE FILED BY AUGUST 22, 2016.

    Director Of Proceedings · KCVN, LLC AND COLORADO PACIFIC RAILROAD, LLC-FEEDER LINE APPLICATION-LINE OF V AND S RAILWAY, LLC, LOCATED IN CROWLEY, PUEBLO, OTERO, AND KIOWA COUNTIES, COLORADO · decision 45231
17. 7 Jun 2016 FD 36033
    DECISION ALLOWED READING BLUE MOUNTAIN & NORTHERN RAILROAD COMPANY, TO ACQUIRE FROM LOCUST VALLEY COAL COMPANY D/B/A LOCUST VALLEY LINE, AND CONTINUE TO OPERATE, 5.5 MILES OF RAIL LINE IN PENNSYLVANIA AND WAIVED THE 60-DAY ADVANCE NOTICE REQUIREMENT TO EMPLOYEES BECAUSE NO EMPLOYEES WOULD BE ADVERSELY AFFECTED.

    Entire Board · READING BLUE MOUNTAIN & NORTHERN RAILROAD COMPANY-ACQUISITION AND OPERATION EXEMPTION-LOCUST VALLEY COAL COMPANY D/B/A LOCUST VALLEY LINE · decision 45220
18. 6 Jun 2016 EP 731
    DECISION GRANTED THE ASSOCIATION OF AMERICAN RAILROADS' REQUEST TO EXTEND DEADLINES FOR COMMENTS IN THIS PROCEEDING. COMMENTS ARE DUE JULY 15, 2016, AND REPLIES ARE DUE BY AUGUST 12, 2016.

    Director Of Proceedings · RULES RELATING TO BOARD-INITIATED INVESTIGATIONS · decision 45251
19. 6 Jun 2016 EP 682 (Sub-No. 7)
    DECISION ORDERED: (1) COMMENTS ON ASSOCIATION FOR AMERICAN RAILROAD'S (AAR) CALCULATION OF THE 2015 WEIGHTED AVERAGE STATE TAX RATES FOR THE CLASS I RAILROADS ARE DUE BY JULY 6, 2016; AND (2) IF ANY COMMENTS OPPOSING AAR'S CALCULATIONS ARE FILED, AAR'S REPLY IS DUE BY JULY 26, 2016.

    Director Of Proceedings · 2015 TAX INFORMATION FOR USE IN THE REVENUE SHORTFALL ALLOCATION METHOD · decision 45247
20. 6 Jun 2016 FD 35995
    DECISION ALLOWED SOUTH CAROLINA DIVISION OF PUBLIC RAILWAYS D/B/A PALMETTO RAILWAYS, TO ACQUIRE APPROXIMATELY 45.77 MILES OF RAIL LINE OWNED BY HAMPTON & BRANCHVILLE RAILROAD COMPANY, IN COLLETON AND HAMPTON COUNTIES, S.C., AND WAIVED THE 60-DAY ADVANCE NOTICE REQUIREMENT TO EMPLOYEES BECAUSE NO EMPLOYEES WOULD BE ADVERSELY AFFECTED.

    Entire Board · SOUTH CAROLINA DIVISION OF PUBLIC RAILWAYS D/B/A PALMETTO RAILWAYS - ACQUISTION EXEMPTION - HAMPTON & BRANCHVILLE RAILROAD COMPANY · decision 45202
21. 6 Jun 2016 AB 870-X
    DECISION: (1) REOPENED THIS PROCEEDING; (2) VACATED A NOTICE OF INTERIM TRAIL USE OR ABANDONMENT (NITU) SERVED ON JUNE 2, 2005; AND (3) ISSUED A REPLACEMENT NITU FOR THE SEGMENT OF THE RIGHT-OF-WAY BETWEEN MILEPOST 491.22 AND MILEPOST 488.35.

    Director Of Proceedings · BUTLER COUNTY, KANSAS--ABANDONMENT EXEMPTION--IN BUTLER COUNTY, KAN. · decision 45175
22. 6 Jun 2016 FD 35956
    DECISION FINDS THAT APPLICATION OF THE COMPETITIVE BIDDING REQUIREMENT OF THE PENNSYLVANIA MUNICIPAL AUTHORITIES ACT IS NOT PREEMPTED BY FEDERAL LAW AND PROVIDED GUIDANCE ON THE QUESTION OF PREEMPTION OF ANOTHER PROVISION OF THE PENNSYLVANIA MUNICIPAL AUTHORITIES ACT.

    Entire Board · READING, BLUE MOUNTAIN & NORTHERN RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER · decision 44808