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Week of 13 Jun 2022

13–19 June 2022 · Monday to Sunday · ← previous week · next week → · every week · the latest seven days

13 decisions served (one entered in two dockets) and 40 filings observed, in 17 proceedings — 16 of them in EP 770 (Sub-No. 1).

Decisions served

  1. FD 36609
    (1) DIRECTED UNION PACIFIC RAILROAD COMPANY (UP) TO DELIVER CERTAIN TRAINS TO FOSTER POULTRY FARMS' FACILITIES IN TRAVER AND TURLOCK, CAL.; AND (2) DIRECTED FOSTER POULTRY FARMS TO RESPOND TO UP'S REPLY NO LATER THAN JUNE 22, 2022.
    Entire Board · FOSTER POULTRY FARMS – EX PARTE PETITION FOR EMERGENCY SERVICE ORDER · decision 51300
  2. EP 290 (Sub-No. 5)
    ADOPTED THE RAIL COST ADJUSTMENT FACTOR FIGURES FOR THE THIRD QUARTER OF 2022.
    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 51283
  3. FD 36522
    IN RESPONSE TO QUESTIONS REFERRED TO THE BOARD FROM THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, THE BOARD FOUND THAT THE INTERSTATE COMMERCE COMMISSION DID NOT AUTHORIZE NORFOLK SOUTHERN CORPORATION TO CONTROL NORFOLK & PORTSMOUTH BELT LINE RAILROAD COMPANY.
    Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY – PETITION FOR DECLARATORY ORDER · decision 51101
  4. FD 36613
    GRANTED A MOTION FOR PROTECTIVE ORDER.
    Director Of Proceedings · COMMONWEALTH RAILWAY, INCORPORATED–TRACKAGE RIGHTS EXEMPTION–NORFOLK SOUTHERN RAILWAY COMPANY · decision 51291
  5. FD 36621
    PROVIDED NOTICE THAT KINSTON RAILROAD, LLC FILED A NOTICE OF EXEMPTION TO ASSUME OPERATION OF APPROXIMATELY 5.7 MILES OF RAIL LINE NEAR KINSTON, LENOIR COUNTY, N.C.
    Director Of Proceedings · KINSTON RAILROAD, LLC—CHANGE IN OPERATOR EXEMPTION—KINSTON & SNOW HILL RAILROAD CO., INC. · decision 51273
  6. FD 36620
    PROVIDED NOTICE THAT OPSEU PENSION PLAN TRUST FUND, JAGUAR TRANSPORT HOLDINGS, LLC, AND JAGUAR RAIL HOLDINGS, LLC FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF KINSTON RAILROAD, LLC (KNR) UPON KNR’S BECOMING A CLASS III RAIL CARRIER.
    Director Of Proceedings · OPSEU PENSION PLAN TRUST FUND, JAGUAR TRANSPORT HOLDINGS, LLC, AND JAGUAR RAIL HOLDINGS, LLC -- CONTINUANCE IN CONTROL EXEMPTION -- KINSTON RAILROAD, LLC · decision 51272
  7. AB 391 (Sub-No. 11X)
    RECOMMENDED THAT THE BOARD REMOVE A SECTION 106 CONDITION IMPOSED IN A JUNE 8, 2022 DECISION.
    Director, Office Of Environmental Analysis · RED RIVER VALLEY & WESTERN RAILROAD COMPANY—ABANDONMENT EXEMPTION—IN CASS COUNTY, N.D. · decision 51293
  8. FD 36589
    PERMITTED THE EXEMPTIONS IN DOCKET NOS. FD 36589 AND FD 36590 TO TAKE EFFECT IMMEDIATELY.
    Entire Board · MERCED COUNTY CENTRAL VALLEY RAILROAD, LLC — LEASE AND OPERATION EXEMPTION — TRACK IN MERCED COUNTY, CAL. · also entered in FD 36590 · decision 51288
  9. EP 770 (Sub-No. 1)
    UPDATED AND AMENDED A NOTICE PUBLISHED JUNE 3, 2022, SEEKING COMMENT ON BURDEN ESTIMATES FOR EMERGENCY APPROVAL FROM THE OFFICE OF MANAGEMENT AND BUDGET UNDER THE PAPERWORK REDUCTION ACT, 44 U.S.C. §§ 3501-3521.
    Entire Board · URGENT ISSUES IN FREIGHT RAIL SERVICE--RAILROAD REPORTING · decision 51292
  10. FD 36621
    GRANTED A MOTION FOR PROTECTIVE ORDER.
    Director Of Proceedings · KINSTON RAILROAD, LLC—CHANGE IN OPERATOR EXEMPTION—KINSTON & SNOW HILL RAILROAD CO., INC. · decision 51290
  11. EP 768
    GRANTED A MOTION FOR PROTECTIVE ORDER.
    Director Of Proceedings · PETITION FOR RULEMAKING TO ADOPT RULES GOVERNING PRIVATE RAILCAR USE BY RAILROADS · decision 51286
  12. EP 770 (Sub-No. 1)
    REQUIRED BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, AND UNION PACIFIC RAILROAD COMPANY TO CORRECT DEFICIENCIES IN THEIR SERVICE RECOVERY PLANS AND PROVIDE ADDITIONAL INFORMATION ON THEIR ACTIONS TO IMPROVE SERVICE AND COMMUNICATIONS WITH CUSTOMERS.
    Entire Board · URGENT ISSUES IN FREIGHT RAIL SERVICE--RAILROAD REPORTING · decision 51271
  13. AB 290 (Sub-No. 407X)
    REMOVED A COASTAL ZONE MANAGEMENT CONDITION IMPOSED IN A JANUARY 26, 2021 DECISION.
    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY – ABANDONMENT EXEMPTION – IN BERGEN COUNTY, N.J. · decision 51249

Proceedings that moved in the week of 13 Jun 2022

DocketProceedingFilingsLast activity
EP 770 (Sub-No. 1) URGENT ISSUES IN FREIGHT RAIL SERVICE--RAILROAD REPORTING 16
AB 290 (Sub-No. 407X) NORFOLK SOUTHERN RAILWAY COMPANY – ABANDONMENT EXEMPTION – IN BERGEN COUNTY, N.J. 1
FD 36439 FLINT HILL RESOURCES RAILROAD, LLC - CONSTRUCTION AND OPERATION EXEMPTION – HARDIN COUNTY, IOWA 1
FD 36522 NORFOLK SOUTHERN RAILWAY COMPANY – PETITION FOR DECLARATORY ORDER 1
FD 36500 CANADIAN PACIFIC RAILWAY LIMITED; CANADIAN PACIFIC RAILWAY COMPANY; SOO LINE RAILROAD COMPANY; CENTRAL MAINE & QUEBEC RAILWAY US INC.; DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION; AND DELAWARE & HUDSON RAILWAY COMPANY, INC. – CONTROL – KANSAS CITY SOUTHERN, THE KANSAS CITY SOUTHERN RAILWAY COMPANY, GATEWAY EASTERN RAILWAY COMPANY, AND THE TEXAS MEXICAN RAILWAY COMPANY 3
FD 36609 FOSTER POULTRY FARMS – EX PARTE PETITION FOR EMERGENCY SERVICE ORDER 2
AB 1320-X GROWTH RESOURCES OF WELLSBORO FOUNDATION ABANDONMENT EXEMPTION IN TIOGA COUNTY, PA. 1
AB 1322-X WOLF CREEK RAILROAD LLC - ABANDONMENT EXEMPTION - IN GIBSON COUNTY, TENN. 1
AB 1305-X GREAT REDWOOD TRAIL AGENCY—ABANDONMENT EXEMPTION—IN MENDOCINO, TRINITY, AND HUMBOLDT COUNTIES, CAL. 3
EP 770 URGENT ISSUES IN FREIGHT RAIL SERVICE 2
FD 35743 APPLICATION OF THE NATIONAL RAILROAD PASSENGER CORPORATION UNDER 49 U.S.C. § 24308(a) – CANADIAN NATIONAL RAILWAY COMPANY 2
FD 36433 NORTH COUNTY TRANSIT DISTRICT--PETITION FOR DECLARATORY ORDER 1
MCF 21099 VAN POOL TRANSPORTATION LLC--ACQUISITION OF CONTROL--F. M. KUZMESKUS, INC. 1
MCF 21100 VAN POOL TRANSPORTATION LLC--ACQUISITION OF CONTROL--ALLTOWN BUS SERVICE INC. 1
EP 769 URCS DATA REPORTING 2
FD 36596 DELAWARE AND RARITAN RIVER RAILROAD, LLC – LEASE AND OPERATION EXEMPTION – CONSOLIDATED RAIL CORPORATION AND NEW JERSEY TRANSIT CORPORATION 1
NOR 42171 SANIMAX USA LLC V. UNION PACIFIC RAILROAD COMPANY 1

Captions and summaries appear as the Board prints them. Counts are filings observed in the record between 13–19 June 2022; decisions are listed above and not counted here. Dates are quoted from the record, never computed.

Permanent address: docketyard.org/week/2022-06-13 — any day of the week resolves here.