Week of 17 Dec 2018

Decisions served

1. 21 Dec 2018 FD 36260
   PROVIDED NOTICE THAT GATEWAY INDUSTRIAL RAILWAY, LLC FILED A NOTICE OF EXEMPTION TO ACQUIRE AND OPERATE BY AGREEMENT WITH AVATAR CORPORATION APPROXIMATELY 2,400 FEET (0.46 MILE) OF EXISTING RAILROAD RIGHT-OF-WAY AND TRACKAGE AND TRANSLOADING FACILITIES IN UNIVERSITY PARK, ILL.

   Director Of Proceedings · GATEWAY INDUSTRIAL RAILROAD, LLC--ACQUISITION EXEMPTION--AVATAR CORPORATION · decision 46761
2. 21 Dec 2018 EP 552 (Sub-No. 22)
   DECISION FOUND THAT FOUR CLASS I RAILROADS (BNSF RAILWAY COMPANY, NORFOLK SOUTHERN COMBINED RAILROAD SUBSIDIARIES, SOO LINE CORPORATION, AND UNION PACIFIC RAILROAD COMPANY) ARE REVENUE ADEQUATE FOR THE YEAR 2017, MEANING THAT THOSE RAILROADS ACHIEVED A RATE OF RETURN EQUAL TO OR GREATER THAN THE BOARD'S CALCULATION OF THE AVERAGE COST OF CAPITAL TO THE FREIGHT RAIL INDUSTRY.

   Entire Board · RAILROAD REVENUE ADEQUACY--2017 DETERMINATION · decision 46756
3. 21 Dec 2018 FD 36251
   PROVIDED NOTICE THAT PROGRESSIVE RAIL INCORPORATED HAS FILED A NOTICE OF EXEMPTION TO (1) RENEW ITS LEASE FROM SOO LINE RAILROAD COMPANY OF TWO LINES OF RAILROAD BETWEEN NORTHFIELD AND LAKEVILLE, MINN. AND BETWEEN ROSEMOUNT AND EAGAN, MINN. AND (2) LEASE FROM SOO LINE AND DAKOTA MINNESOTA & EASTERN RAILROAD CORPORATION A LINE OF RAILROAD BETWEEN FARIBAULT AND NORTHFIELD, MINN.

   Director Of Proceedings · PROGRESSIVE RAIL INCORPORATED--LEASE EXEMPTION WITH INTERCHANGE COMMITMENT--SOO LINE RAILROAD COMPANY AND DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION · decision 46754
4. 21 Dec 2018 AB 55 (Sub-No. 786X)
   PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 0.23-MILE RAIL LINE ON ITS DEERHAVEN SUBDIVISION, JACKSONVILLE DIVISION, IN ALACHUA COUNTY, FLA.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN ALACHUA COUNTY, FLA. · decision 46753
5. 21 Dec 2018 FD 36248
   PROVIDED NOTICE THAT RAILUSA, LLC AND AMERICAN RAIL PARTNERS, LLC FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF FLORIDA GULF & ATLANTIC RAILROAD, LLC.

   Director Of Proceedings · RAILUSA LLC AND AMERICAN RAIL PARTNERS, LLC--CONTINUANCE IN CONTROL EXEMPTION--FLORIDA GULF & ATLANTIC RAILROAD, LLC · decision 46747
6. 21 Dec 2018 FD 36247
   PROVIDED NOTICE THAT FLORIDA GULF & ATLANTIC RAILROAD, LLC FILED NOTICE OF EXEMPTION TO ACQUIRE FROM CSX TRANSPORTATION, INC. (CSXT), AND TO OPERATE, APPROXIMATELY 373 MILES OF RAIL LINE PURSUANT TO A PURCHASE AND SALE AGREEMENT AND A FREIGHT OPERATING AGREEMENT WITH CSXT.

   Director Of Proceedings · FLORIDA GULF & ATLANTIC RAILROAD LLC--ACQUISITION AND OPERATION EXEMPTION WITH INTERCHANGE COMMITMENT--CSX TRANSPORTATION, INC. · decision 46746
7. 21 Dec 2018 EP 716 (Sub-No. 4)
   PROVIDED NOTICE THAT THE BOARD ISSUED ITS FINAL RULE TO IMPLEMENT THE ANNUAL INFLATIONARY ADJUSTMENT TO ITS CIVIL MONETARY PENALTIES, PURSUANT TO THE FEDERAL CIVIL PENALTIES INFLATION ADJUSTMENT ACT IMPROVEMENTS ACT OF 2015.

   Entire Board · CIVIL MONETARY PENALTIES – 2019 ADJUSTMENT · decision 46738
8. 21 Dec 2018 FD 36137
   DECISION ISSUED THREE NOTICES OF INTERIM TRAIL USE OR ABANDONMENT UNDER 16 U.S.C. § 1247(D) AND 49 C.F.R. § 1152.29 AND CLARIFIES THE PATH BY WHICH SERVICE COULD BE RESTORED OVER THE LINE AT ISSUE.

   Entire Board · CITY OF FISHERS, CITY OF NOBLESVILLE, & HAMILTON COUNTY, IND.--PETITION FOR PARTIAL REVOCATION OF EXEMPTION · also entered in AB 290 (Sub-No. 117X) · decision 46666
9. 21 Dec 2018 FD 35087 (Sub-No. 8)
   DECISION FOUND THAT THE VILLAGE OF BARRINGTON HAS NOT PRESENTED NEW EVIDENCE OR SUBSTANTIALLY CHANGED CIRCUMSTANCES THAT WARRANT THE REQUESTED ADDITIONAL MITIGATION AND THEREFORE DENIES THE REQUEST.

   Entire Board · CANADIAN NATIONAL RAILWAY COMPANY AND GRAND TRUNK CORPORATION--CONTROL--EJ&E WEST COMPANY · decision 46650
10. 21 Dec 2018 EP 743
    PROVIDED NOTICE THAT THE BOARD PROPOSED A NEW PROCEDURE FOR WATER CARRIERS OPERATING IN THE NONCONTIGUOUS DOMESTIC TRADE TO ELECTRONICALLY PUBLISH, FILE, AND KEEP TARIFFS AVAILABLE FOR PUBLIC INSPECTION.

    Entire Board · WATER CARRIER TARIFF FILING PROCEDURES · decision 46619
11. 20 Dec 2018 NOR 42160
    DECISION: (1) GRANTED A REQUEST FOR AN EXTENSION OF TIME IN THIS PROCEEDING; (2) SET THE DEADLINE FOR THE CITY AND COUNTY OF DENVER, COLO. TO FILE ITS STATEMENT OF CLARIFICATION TO DECEMBER 26, 2018; AND (3) SET THE DATE FOR COMMENCEMENT FOR COMPLETING CERTAIN OBLIGATIONS OF THE PARTIES TO DECEMBER 26, 2018.

    Director Of Proceedings · DENVER ROCK ISLAND RAILROAD COMPANY V. THE CITY AND COUNTY OF DENVER, COLO. · decision 46763
12. 20 Dec 2018 FD 36258
    PROVIDED NOTICE THAT DOVER AND DELAWARE RIVER RAILROAD, LLC HAS FILED A NOTICE OF EXEMPTION TO LEASE FROM NORFOLK SOUTHERN RAILWAY COMPANY AND TO OPERATE 27.2 MILES OF RAIL LINES PURSUANT TO A TRACKAGE RIGHTS AGREEMENT OVER 80.7 MILES OF RAIL LINES ALL IN THE STATE OF NEW JERSEY.

    Director Of Proceedings · DOVER AND DELAWARE RIVER RAILROAD, LLC-LEASE WITH INTERCHANGE COMMITMENT AND TRACKAGE RIGHTS EXEMPTION-NORFOLK SOUTHERN RAILWAY COMPANY AND NEW JERSEY TRANSIT CORPORATION · decision 46749
13. 19 Dec 2018 FD 36186
    DECISION GRANTED REQUEST FOR PROTECTIVE ORDER.

    Director Of Proceedings · TEXAS RAILWAY EXCHANGE LLC--CONSTRUCTION AND OPERATION EXEMPTION--GALVESTON COUNTY, TEX. · decision 46762
14. 19 Dec 2018 FD 36169
    DECISION ORDERED THE PARTIES TO FILE A STATUS REPORT BY MARCH 11, 2019, AND EVERY 90 DAYS THEREAFTER.

    Director Of Proceedings · CHESTER COUNTY, PA.--PETITION FOR DECLARATORY ORDER · decision 46760
15. 19 Dec 2018 EP 290 (Sub-No. 5)
    DECISION PROVIDED NOTICE OF THE RAIL COST ADJUSTMENT FACTOR FOR THE FIRST QUARTER OF 2019.

    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 46745
16. 19 Dec 2018 FD 36235
    PROVIDED NOTICE THAT GREAT NORTHWEST RAILROAD, L.L.C. FILED A NOTICE OF EXEMPTION TO AMEND ITS EXISTING OVERHEAD TRACKAGE RIGHTS OVER A RAIL LINE OWNED BY UNION PACIFIC RAILROAD COMPANY.

    Director Of Proceedings · GREAT NORTHWEST RAILROAD, L.L.C.- AMENDMENT OF TRACKAGE RIGHTS EXEMPTION CONTAINING INTERCHANGE COMMITMENT-UNION PACIFIC RAILROAD COMPANY · decision 46743
17. 18 Dec 2018 AB 55 (Sub-No. 625X)
    DECISION DENIED THE NATIONAL ASSOCIATION OF REVERSIONARY PROPERTY OWNERS' REQUEST TO RESCIND A PORTION OF A NOTICE OF INTERIM TRAIL USE OR ABANDONMENT ISSUED IN THIS PROCEEDING.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN PRESTON COUNTY, W. VA. · decision 46709
18. 17 Dec 2018 AB 70 (Sub-No. 6X)
    DECISION: (1) REOPENED THIS PROCEEDING; (2) VACATED THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT (NITU) SERVED ON MAY 8, 2018; AND (3) ISSUED A REPLACEMENT NITU.

    Director Of Proceedings · FLORIDA EAST COAST RAILWAY, L.L.C., - ABANDONMENT EXEMPTION - IN MIAMI-DADE COUNTY, FLA. · decision 46748
19. 17 Dec 2018 AB 33 (Sub-No. 336X)
    PROVIDED NOTICE THAT UNION PACIFIC RAILROAD COMPANY FILED A PETITION FOR EXEMPTION TO ABANDON AN APPROXIMATELY 0.28-MILE RAIL LINE KNOWN AS THE OMAHA BELT INDUSTRIAL LEAD, EXTENDING FROM MILEPOST 485.55 NEAR GROVER STREET TO MILEPOST 485.27, THE POINT SWITCH ON THE WIMMER WYE JUST WEST OF DAHLMAN AVENUE, ALL IN OMAHA, DOUGLAS COUNTY, NEB.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-- ABANDONMENT EXEMPTION -- IN DOUGLAS COUNTY, NEB. · decision 46727
20. 17 Dec 2018 AB 33 (Sub-No. 327X)
    DECISION: (1) REOPENED THIS PROCEEDING; AND (2) UPON RECONSIDERATION, REMOVED THE SECTION 106 HISTORIC PRESERVATION IMPOSED IN THE NOVEMBER 29, 2017 DECISION AND REPLACED WITH CERTAIN CONDITIONS.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--IN CERRO GORDO COUNTY, IOWA · decision 46726