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Week of 28 Dec 2020

28 December 2020 – 3 January 2021 · Monday to Sunday · ← previous week · next week → · every week · the latest seven days

13 decisions served (3 entered in more than one docket) and 23 filings observed, in 24 proceedings (6 entered in more than one) — 3 of them in EP 730 (Sub-No. 1).

Decisions served

  1. FD 36075
    ORDERED PARTIES TO SUBMIT A STATUS REPORT BY MARCH 5, 2020.
    Director Of Proceedings · ILLINOIS STATE TOLL HIGHWAY AUTHORITY--PETITION FOR DECLARATORY ORDER · decision 50591
  2. EP 689 (Sub-No. 12)
    PUBLISHED THE MOST RECENT REVENUE SHORTFALL ALLOCATION METHODOLOGY AND REVENUE-TO-VARIABLE COST GREATER THAN 180% RATIOS FOR THE CLASS I CARRIERS (FOR THE YEARS 2016-2019), AS WELL AS THEIR FOUR-YEAR AVERAGES, FOR USE IN THREE-BENCHMARK CASES.
    Director, Office Of Economics · SIMPLIFIED STANDARDS FOR RAIL RATE CASES—2019 RSAM and R/VC>180 CALCULATIONS · decision 50588
  3. FD 32760 (Sub-No. 46)
    EXTENDED THE DEADLINE TO FILE REPLIES TO A PETITION TO JANUARY 19, 2021.
    Director Of Proceedings · BNSF RAILWAY COMPANY--TERMINAL TRACKAGE RIGHTS--KANSAS CITY SOUTHERN RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY · decision 50587
  4. AB 286 (Sub-No. 8X)
    PROVIDED NOTICE THAT THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORPORATION FILED A VERIFIED NOTICE OF EXEMPTION TO ABANDON RAIL LINE SEGMENTS IN NEW JERSEY.
    Director Of Proceedings · THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORPORATION–ABANDONMENT EXEMPTION–BERGEN COUNTY, N.J. · decision 50581
  5. EP 766
    OPENED A RULEMAKING PROCEEDING SEEKING PUBLIC COMMENT TO CONSIDER A PETITION BY SEVERAL CLASS I RAILROADS TO CHANGE THE BOARD’S PROCEDURES FOR ANNUALLY DETERMINING WHETHER CLASS I RAIL CARRIERS ARE REVENUE ADEQUATE.
    Entire Board · JOINT PETITION FOR RULEMAKING—ANNUAL REVENUE ADEQUACY DETERMINATIONS · decision 50548
  6. FD 36369
    DECLINED TO ISSUE A DECLARATORY ORDER BUT EXPLAINED THAT THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING PROGRAM AND DISCHARGE PROHIBITION WOULD LIKELY BE PREEMPTED BY 49 U.S.C. § 10501(b) IF APPLIED TO DISCHARGES INCIDENTAL TO THE OPERATION OF RAIL CARS IN TRANSIT.
    Entire Board · ASSOCIATION OF AMERICAN RAILROADS--PETITION FOR DECLARATORY ORDER · decision 50359
  7. FD 35068
    GRANTED NEW CENTURY AG’S PETITION TO REOPEN AN EXEMPTION PROCEEDING THAT AUTHORIZED SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY TO ACQUIRE AND OPERATE CERTAIN RAIL LINES IN NORTH DAKOTA THAT CP HAD PREVIOUSLY JOINTLY OWNED WITH BNSF RAILWAY COMPANY.
    Entire Board · SOO LINE RAILROAD COMPANY D/B/A CANADIAN PACIFIC RAILWAY--ACQUISITION AND OPERATION EXEMPTION--BNSF RAILWAY COMPANY · decision 50289
  8. FD 36462
    GRANTED A REQUEST BY CERTAIN NON-CARRIER APPLICANTS TO EXPEDITE THE EFFECTIVE DATE OF A NOTICE OF EXEMPTION TO ACQUIRE CONTROL OF A CLASS III RAIL CARRIER.
    Entire Board · PATRIOT RAIL TRANSPORTATION COMPANY, LLC, PATRIOT RAIL COMPANY LLC, SRTV HOLDINGS LLC, STEELRIVER TRANSPORT VENTURES LLC, PRC HOLDINGS LLC, PRC FUNDING LLC, NA RAIL HOLD CO. LLC, NA TRANSPORTATION HOLD CO. LLC, GDIF (NORTH AMERICA) RP HOLD CO., GLOBAL DIVERSIFIED INFRASTRUCTURE FUND (NORTH AMERICA) LP, FIRST STATE INFRASTRUCTURE MANAGERS (INTERNATIONAL) LIMITED, AND MITSUBISHI UFJ FINANCIAL GROUP, INC. –CONTROL EXEMPTION–SALT LAKE GARFIELD AND WESTERN RAILWAY COMPANY · decision 50585
  9. AB 1266 (Sub-No. 1X)
    PROVIDED NOTICE THAT CANONIE ATLANTIC CO. FILED A PETITION FOR EXEMPTION TO ABANDON AN APPROXIMATELY 1.4-MILE RAIL LINE IN NORFOLK, VA.
    Director Of Proceedings · CANONIE ATLANTIC CO.--ABANDONMENT EXEMPTION--IN NORFOLK, VA. · decision 50575
  10. AB 1267 (Sub-No. 1X)
    PROVIDED NOTICE THAT CASSATT MANAGEMENT, LLC D/B/A BAY COAST RAILROAD FILED A VERIFIED NOTICE OF EXEMPTION TO DISCONTINUE SERVICE OVER AN APPROXIMATELY 1.4 MILE RAIL LINE IN NORFOLK, VA.
    Director Of Proceedings · CASSATT MANAGEMENT, LLC D/B/A BAY COAST RAILROAD – DISCONTINUANCE OF SERVICE EXEMPTION – IN NORFOLK, VA. · decision 50574
  11. FD 36306
    HELD IN ABEYANCE THE NOTICE OF EXEMPTION IN DOCKET NO. FD 36306 (SUB-NO. 1), AND POSTPONED THE EFFECTIVE DATE UNTIL FURTHER ORDER OF THE BOARD.
    Director Of Proceedings · BROOKHAVEN RAIL PARTNERS, LLC, RELATED INFRASTRUCTURE, LLC, BRX TRANSPORTATION HOLDINGS, LLC, AND BRX ACQUISITION SUB, INC.—CONTROL EXEMPTION—PIONEER RAILCORP, ET AL. · also entered in FD 36451, FD 36306 (Sub-No. 1) · decision 50570
  12. AB 1302-X
    PROVIDED NOTICE THAT THE CITY OF TEMPLE, TEX., AND TEMPLE & CENTRAL TEXAS RAILWAY, JOINTLY FILED A VERIFIED NOTICE OF EXEMPTION TO ABANDON AND DISCONTINUE SERVICE OVER APPROXIMATELY 6.277 MILES OF RAIL LINE IN BELL COUNTY, TEX.
    Director Of Proceedings · CITY OF TEMPLE, TEX. - ABANDONMENT EXEMPTION - BELL COUNTY, TEX. · also entered in AB 1309-X · decision 50560
  13. AB 33 (Sub-No. 346X)
    PERMITTED THE ABANDONMENT OF A 1.16-MILE RAIL LINE IN COEUR D’ALENE, KOOTENAI COUNTY, IDAHO, SUBJECT TO TRAIL USE AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.
    Entire Board · UNION PACIFIC RAILROAD COMPANY -- ABANDONMENT EXEMPTION -- IN KOOTENAI COUNTY, IDAHO · decision 50525

Proceedings that moved in the week of 28 Dec 2020

DocketProceedingFilingsLast activity
EP 730 (Sub-No. 1) ROSTER OF ARBITRATORS--ANNUAL UPDATE 3
FD 36470 RIO GRANDE PACIFIC CORPORATION--CONTINUANCE IN CONTROL EXEMPTION--COLORADO, MIDLAND & PACIFIC RAILWAY COMPANY 1
FD 36471 COLORADO, MIDLAND & PACIFIC RAILWAY COMPANY--LEASE AND OPERATION EXEMPTION CONTAINING INTERCHANGE COMMITMENT-- UNION PACIFIC RAILROAD COMPANY 1
FD 35692 EASTSIDE COMMUNITY RAIL, LLC--ACQUISITION AND OPERATION EXEMPTION--GNP RLY INC. 2
FD 36369 ASSOCIATION OF AMERICAN RAILROADS--PETITION FOR DECLARATORY ORDER 1
FD 36478 DAKOTA NORTHERN RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--RAIL LINES OF BNSF RAILWAY COMPANY 1
FD 36460 MICHAEL WILLIAMS—CONTROL EXEMPTION— S&S SHORTLINE LEASING, LLC 2
FD 36475 MIDWEST & BLUEGRASS RAIL, LLC, AVORY BEGGS, BRIAN MILLER AND DUSTIN SHAVER AND MB RAIL TTI, LLC--CONTROL EXEMPTION--TRANSKENTUCKY TRANSPORTATION RAILROAD, INC. 2
EP 661 (Sub-No. 2) RAIL FUEL SURCHARGES (SAFE HARBOR) 1
EP 711 (Sub-No. 1) RECIPROCAL SWITCHING 1
FD 36075 ILLINOIS STATE TOLL HIGHWAY AUTHORITY--PETITION FOR DECLARATORY ORDER 1
FD 36223 NORFOLK SOUTHERN RAILWAY COMPANY--PETITION TO SET TRACKAGE RIGHTS COMPENSATION--NORFOLK & PORTSMOUTH BELT LINE RAILROAD COMPANY 1
FD 36347 BESSEMER AND LAKE ERIE RAILROAD COMPANY - ACQUISITION AND OPERATION - CERTAIN RAIL LINES OF CSX TRANSPORTATION, INC. IN ONONDAGA, OSWEGO, JEFFERSON, SAINT LAWRENCE, AND FRANKLIN COUNTIES, N.Y. 1
FD 36474 MICHAEL WILLIAMS--CONTROL EXEMPTION--McCLOUD RAILWAY COMPANY 1
NOR 38302-S UNITED STATES DEPARTMENT OF ENERGY AND UNITED STATES DEPARTMENT OF DEFENSE V. BALTIMORE & OHIO RAILROAD COMPANY, ET AL. 1
NOR 38376-S UNITED STATES DEPARTMENT OF ENERGY AND UNITED STATES DEPARTMENT OF DEFENSE V. ABERDEEN & ROCKFISH RAILROAD COMPANY, ET AL. 1
AB 1302-X CITY OF TEMPLE, TEX. - ABANDONMENT EXEMPTION - BELL COUNTY, TEX. 1
AB 1309-X TEMPLE & CENTRAL TEXAS RAILWAY, LLC - DISCONTINUANCE OF SERVICE EXEMPTION - IN BELL COUNTY, TEX. 1
FD 32760 (Sub-No. 46) BNSF RAILWAY COMPANY--TERMINAL TRACKAGE RIGHTS--KANSAS CITY SOUTHERN RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY 1
FD 36261 BALLARD TERMINAL RAILROAD COMPANY, L.L.C.--PETITION FOR DECLARATORY ORDER 1
FD 36377 (Sub-No. 2) BNSF RAILWAY COMPANY —TRACKAGE RIGHTS EXEMPTION— UNION PACIFIC RAILROAD COMPANY 1
FD 36377 (Sub-No. 3) BNSF RAILWAY COMPANY —TRACKAGE RIGHTS EXEMPTION— UNION PACIFIC RAILROAD COMPANY 1
FD 36447 LAKE PROVIDENCE PORT COMMISSION--FEEDER LINE APPLICATION--LINE OF DELTA SOUTHERN RAILROAD LOCATED IN EAST CARROLL AND MADISON PARISHES, LA. 1
FD 36463 THE LOUISVILLE AND JEFFERSON COUNTY RIVERPORT AUTHORITY - PETITION FOR DECLARATORY ORDER 1

Captions and summaries appear as the Board prints them. Counts are filings observed in the record between 28 December 2020 – 3 January 2021; decisions are listed above and not counted here. Dates are quoted from the record, never computed.

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