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Week of 24 Sep 2018

24–30 September 2018 · Monday to Sunday · ← previous week · next week → · every week · the latest seven days

13 decisions served (2 entered in more than one docket) and 37 filings observed, in 23 proceedings — 3 of them in FD 36228.

Decisions served

  1. FD 36075
    DECISION ORDERED THAT THE PARTIES SHALL SUBMIT A STATUS REPORT IN THIS PROCEEDING BY OCTOBER 29, 2018.
    Director Of Proceedings · ILLINOIS STATE TOLL HIGHWAY AUTHORITY--PETITION FOR DECLARATORY ORDER · decision 46646
  2. FD 36217
    PROVIDED NOTICE THAT SAN PEDRO VALLEY RAILROAD, LLC FILED A NOTICE OF EXEMPTION TO OPERATE TWO RAIL LINES BEING ACQUIRED BY SAN PEDRO VALLEY HOLDINGS, LLC IN COCHISE COUNTY.
    Director Of Proceedings · SAN PEDRO VALLEY RAILROAD, LLC – OPERATION EXEMPTION -- SAN PEDRO VALLEY HOLDINGS, LLC IN COCHISE COUNTY, ARIZ. · decision 46640
  3. FD 36216
    PROVIDED NOTICE THAT SAN PEDRO VALLEY HOLDINGS, LLC FILED A NOTICE OF EXEMPTION TO ACQUIRE TWO RAIL LINES OWNED BY THE SAN PEDRO AND SOUTHWESTERN RAILROAD COMPANY IN COCHISE COUNTY.
    Director Of Proceedings · SAN PEDRO VALLEY HOLDINGS, LLC – ACQUISITION EXEMPTION -- SAN PEDRO AND SOUTHWESTERN RAILROAD COMPANY IN COCHISE COUNTY, ARIZ. · decision 46639
  4. FD 36218
    PROVIDED NOTICE THAT GREGORY B. CUNDIFF, CONNIE CUNDIFF, CGX, INC., (CGX) AND IRONHORSE RESOURCES, INC. (IHR) FILED: (1) A NOTICE OF EXEMPTION FOR CGX TO CONTINUE IN CONTROL OF SAN PEDRO VALLEY HOLDINGS, LLC (SPVH) UPON SPVH'S BECOMING A CLASS III RAIL CARRIER; AND (2) A NOTICE OF EXEMPTION FOR IHR TO CONTINUE IN CONTROL OF SAN PEDRO VALLEY RAILROAD, LLC (SPVR), UPON SPVR BECOMING A CLASS III RAIL CARRIER.
    Director Of Proceedings · CGX, INC. -- CONTINUANCE IN CONTROL EXEMPTION -- SAN PEDRO VALLEY HOLDINGS, LLC IN COCHISE COUNTY, ARIZ. · also entered in FD 36219 · decision 46638
  5. AB 1261
    PROVIDED NOTICE THAT THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FILED AN APPLICATION REQUESTING THAT THE BOARD AUTHORIZE THIRD-PARTY ADVERSE ABANDONMENT OF THE SARATOGA AND NORTH CREEK RAILWAY OVER APPROXIMATELY 29.71 MILES OF RAIL LINE IN NEW YORK.
    Director Of Proceedings · NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION--ADVERSE ABANDONMENT--SARATOGA AND NORTH CREEK RAILWAY IN TOWN OF JOHNSBURG, N.Y. · decision 46636
  6. AB 33 (Sub-No. 284X)
    DECISION: (1) GRANTED A REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE (NITU) NEGOTIATING PERIOD IN THIS PROCEEDING FROM AUGUST 24, 2018, TO FEBRUARY 20, 2019; AND (2) ORDERED THAT ANY FUTURE REQUESTS TO EXTEND THE NITU NEGOTIATING PERIOD SHALL INCLUDE CERTAIN INFORMATION.
    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN KANE COUNTY, ILL. · decision 46613
  7. MCF 21083
    PROVIDED NOTICE THAT: (1) NATIONAL EXPRESS LLC (NATIONAL EXPRESS) AND ALAN WISE, NONCARRIERS, JOINTLY FILED AN APPLICATION FOR NATIONAL EXPRESS TO ACQUIRE CONTROL OF WISE COACHES, INC. D/B/A WISE COACH OF NASHVILLE; AND (2) THE BOARD IS TENTATIVELY APPROVING AND AUTHORIZING THE TRANSACTION, AND, IF NO OPPOSING COMMENTS ARE TIMELY FILED, THIS NOTICE WILL BE THE FINAL BOARD ACTION IN THIS PROCEEDING.
    Entire Board · NATIONAL EXPRESS LLC--ACQUISITION OF CONTROL--WISE COACHES, INC. · decision 46611
  8. AB 1268-X
    DECSION REOPENED THIS PROCEEDING AND MODIFIED THE NOTICE SERVED ON AND PUBLISHED IN THE FEDERAL REGISTER ON SEPTEMBER 5, 2018.
    Director Of Proceedings · CHICAGO TERMINAL RAILROAD -- ABANDONMENT EXEMPTION -- IN CHICAGO, ILL. · decision 46588
  9. EP 664 (Sub-No. 2)
    DECISION DENIED A PETITION OF THE WESTERN COAL TRAFFIC LEAGUE TO REOPEN PRIOR BOARD DECISIONS SERVED ON OCTOBER 31, 2016, APRIL 28, 2017, AND AUGUST 14, 2017, REGARDING THE USE OF THE MULTI-STAGE DISCOUNTED CASH FLOW MODEL IN THE AGENCY'S ESTIMATION OF THE RAILROAD INDUSTRY'S COST OF CAPITAL.
    Entire Board · PETITION OF THE WESTERN COAL TRAFFIC LEAGUE TO INSTITUTE A RULEMAKING PROCEEDING TO ABOLISH THE USE OF THE MULTI-STAGE DISCOUNTED CASH FLOW MODEL IN DETERMINING THE RAILROAD INDUSTRY'S COST OF CAPITAL · decision 46551
  10. NOR 42142
    PROVIDED NOTICE THAT THE FOLLOWING COURT ACTION WAS INSTITUTED ON SEPTEMBER 25, 2018, IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
    -- · CONSUMERS ENERGY COMPANY V. CSX TRANSPORTATION, INC. · decision 46643
  11. FD 36179
    DECISION DENIED TWO REQUESTS TO REVOKE THE AUTHORITY FOR LAKE STATE RAILWAY COMPANY TO LEASE FROM GRAND TRUNK WESTERN RAILROAD COMPANY AND TO OPERATE A LINE OF RAILROAD IN PORT HURON, MICH.
    Entire Board · LAKE STATE RAILWAY COMPANY--LEASE EXEMPTION--LINE OF GRAND TRUNK WESTERN RAILROAD COMPANY · decision 46610
  12. NOR 42142
    PROVIDED NOTICE THAT THE FOLLOWING COURT ACTION WAS INSTITUTED ON SEPTEMBER 20, 2018, IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
    -- · CONSUMERS ENERGY COMPANY V. CSX TRANSPORTATION, INC. · decision 46635
  13. FD 35692
    DECISION INSTITUTED PROCEEDINGS TO CONSIDER THE COUNTY'S REVOCATION REQUESTS.
    Director Of Proceedings · EASTSIDE COMMUNITY RAIL, LLC--ACQUISITION AND OPERATION EXEMPTION--GNP RLY INC. · also entered in FD 35730 · decision 46625

Proceedings that moved in the week of 24 Sep 2018

DocketProceedingFilingsLast activity
FD 36228 COOS BAY RAIL LINE, INC.--CHANGE IN OPERATORS EXEMPTION--COOS BAY RAILROAD OPERATING COMPANY, LLC D/B/A COOS BAY RAIL LINK 3
FD 36199 OREGON INTERNATIONAL PORT OF COOS BAY AND COOS BAY RAIL LINE, INC. - INTRA-CORPORATE FAMILY TRANSACTION EXEMPTION. 2
AB 1261 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION--ADVERSE ABANDONMENT--SARATOGA AND NORTH CREEK RAILWAY IN TOWN OF JOHNSBURG, N.Y. 1
AB 303 (Sub-No. 50X) WISCONSIN CENTRAL LTD.– DISCONTINUANCE OF SERVICE EXEMPTION – IN ASHLAND AND PRICE COUNTIES, WIS. 1
FD 36168 OAKLAND GLOBAL RAIL ENTERPRISE-PETITION FOR DECLARATORY ORDER 2
NOR 42144 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 2
NOR 42150 VALERO MARKETING AND SUPPLY COMPANY AND VALERO RAIL PARTNERS, LLC V. UNION PACIFIC RAILROAD COMPANY 2
NOR 42152 TESORO REFINING & MARKETING COMPANY LLC; TESORO GREAT PLAINS GATHERING & MARKETING, LLC; AND DAKOTA PRAIRIE REFINING, LLC V. UNION PACIFIC RAILROAD COMPANY 2
NOR 42153 ARKEMA INC. V. UNION PACIFIC RAILROAD COMPANY 2
AB 1270 PORT OF BENTON, WASH. - ADVERSE DISCONTINUANCE OF RAIL SERVICE - TRI-CITY RAILROAD COMPANY, LLC 1
FD 36203 THE INDIANA RAIL ROAD COMPANY AND CSX TRANSPORTATION, INC.--JOINT RELOCATION PROJECT EXEMPTION--TERRE HAUTE, IND. 1
AB 290 (Sub-No. 117X) NORFOLK AND WESTERN RAILWAY COMPANY -- ABANDONMENT BETWEEN INDIANAPOLIS AND TIPTON IN MARION, HAMILTON AND TIPTON COUNTIES, IN 2
AB 1268-X CHICAGO TERMINAL RAILROAD -- ABANDONMENT EXEMPTION -- IN CHICAGO, ILL. 1
AB 497 (Sub-No. 7X) MINNESOTA NORTHERN RAILROAD, INC. -- ABANDONMENT EXEMPTION -- IN NORMAN AND POLK COUNTIES, MINN. 1
FD 36075 ILLINOIS STATE TOLL HIGHWAY AUTHORITY--PETITION FOR DECLARATORY ORDER 1
EP 552 (Sub-No. 22) RAILROAD REVENUE ADEQUACY--2017 DETERMINATION 2
EP 558 (Sub-No. 21) RAILROAD COST OF CAPITAL--2017 2
EP 750 UNIFORM RAILROAD COSTING SYSTEM-2017 CALCULATIONS 2
FD 36225 FORTRESS INVESTMENT GROUP LLC--CONTINUANCE IN CONTROL EXEMPTION--CENTRAL MAINE & QUEBEC RAILWAY US INC., OHIO RIVER PARTNERS SHAREHOLDER LLC AND DESERTXPRESS ENTERPRISES, LLC 2
FD 36226 WASHINGTON EASTERN RAILROAD, LLC--CHANGE IN OPERATORS EXEMPTION--EASTERN WASHINGTON GATEWAY RAILROAD COMPANY 1
FD 36227 DAVID L. DURBANO--CONTINUANCE IN CONTROL EXEMPTION--WASHINGTON EASTERN RAILROAD, LLC 1
EP 747 PAYMENT, FILINGS, AND SERVICE PROCEDURES 2
AB 33 (Sub-No. 262X) UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FULTON AND PEORIA COUNTIES, ILL. 1

Captions and summaries appear as the Board prints them. Counts are filings observed in the record between 24–30 September 2018; decisions are listed above and not counted here. Dates are quoted from the record, never computed.

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