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Week of 19 Dec 2022

19–25 December 2022 · Monday to Sunday · ← previous week · next week → · every week · the latest seven days

12 decisions served (2 entered in more than one docket) and 32 filings observed, in 15 proceedings — 2 of them in EP 772.

Decisions served

  1. NOR 42173
    (1) GRANTED UNION PACIFIC RAILROAD COMPANY’S RENEWED MOTION FOR A PROTECTIVE ORDER; (2) STAYED ALL FURTHER DISCOVERY IN THIS PROCEEDING; AND (3) SUSPENDED THE PROCEDURAL SCHEDULE PENDING FURTHER ORDER.
    Director Of Proceedings · OMAHA PUBLIC POWER DISTRICT V. UNION PACIFIC RAILROAD COMPANY · decision 51545
  2. FD 36642
    PROVIDED NOTICE THAT PATRIOT RAIL COMPANY LLC, STEELRIVER TRANSPORT VENTURES LLC; GLOBAL DIVERSIFIED INFRASTRUCTURE FUND LP; FIRST STATE INFRASTRUCTURE MANAGERS LIMITED; AND MITSUBISHI UFJ FINANCIAL GROUP, INC. FILED A NOTICE OF EXEMPTION TO ACQUIRE CONTROL OF DELTA SOUTHERN RAILROAD, INC., A CLASS III RAIL CARRIER.
    Director Of Proceedings · PATRIOT RAIL COMPANY LLC, STEELRIVER TRANSPORT VENTURES LLC, GLOBAL DIVERSIFIED INFRASTRUCTURE FUND (NORTH AMERICA) LP, FIRST STATE INFRASTRUCTURE MANAGERS (INTERNATIONAL) LIMITED, AND MITSUBISHI UFJ FINANCIAL GROUP, INC. – CONTROL EXEMPTION -- DELTA SOUTHERN RAILROAD, INC. · decision 51517
  3. NOR 42174
    GRANTED A MOTION FOR STAY.
    Director Of Proceedings · BOROUGH OF DUMONT V. CSX TRANSPORTATION · decision 51546
  4. NOR 42175
    GRANTED AN EXTENSION OF TIME TO FILE RESPONSES TO JANUARY 27, 2023.
    Director Of Proceedings · COMPLAINT AND PETITION OF THE NATIONAL RAILROAD PASSENGER CORP. UNDER 49 U.S.C. § 24308(f)–FOR SUBSTANDARD PERFORMANCE OF AMTRAK’S SUNSET LIMITED TRAINS 1 AND 2 · decision 51542
  5. EP 290 (Sub-No. 5)
    ADOPTED THE RAIL COST ADJUSTMENT FACTOR FIGURES FOR THE FIRST QUARTER OF 2023.
    Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 51535
  6. EP 730 (Sub-No. 1)
    PROVIDED NOTICE THAT APPLICATIONS FROM PERSONS INTERESTED IN BEING ADDED TO THE BOARD’S ROSTER OF ARBITRATORS, AND CONFIRMATIONS OF CONTINUED AVAILABILITY FROM PERSONS CURRENTLY ON THE ARBITRATION ROSTER, ARE DUE BY JANUARY 19, 2023.
    Director Of Proceedings · ROSTER OF ARBITRATORS--ANNUAL UPDATE · decision 51530
  7. FD 36642
    (1) LIFTED THE ABEYANCE ORDER AND ALLOWED THE NOTICE OF EXEMPTION IN THIS PROCEEDING TO BE PUBLISHED IN THE FEDERAL REGISTER AND (2) DENIED LAKE PROVIDENCE PORT COMMISSION’S REQUEST TO REJECT THE NOTICE OF EXEMPTION.
    Entire Board · PATRIOT RAIL COMPANY LLC, STEELRIVER TRANSPORT VENTURES LLC, GLOBAL DIVERSIFIED INFRASTRUCTURE FUND (NORTH AMERICA) LP, FIRST STATE INFRASTRUCTURE MANAGERS (INTERNATIONAL) LIMITED, AND MITSUBISHI UFJ FINANCIAL GROUP, INC. – CONTROL EXEMPTION -- DELTA SOUTHERN RAILROAD, INC. · decision 51510
  8. FD 36642
    GRANTED A MOTION FOR PROTECTIVE ORDER.
    Director Of Proceedings · PATRIOT RAIL COMPANY LLC, STEELRIVER TRANSPORT VENTURES LLC, GLOBAL DIVERSIFIED INFRASTRUCTURE FUND (NORTH AMERICA) LP, FIRST STATE INFRASTRUCTURE MANAGERS (INTERNATIONAL) LIMITED, AND MITSUBISHI UFJ FINANCIAL GROUP, INC. – CONTROL EXEMPTION -- DELTA SOUTHERN RAILROAD, INC. · decision 51438
  9. FD 35724
    AUTHORIZED THE CALIFORNIA HIGH-SPEED RAIL AUTHORITY TO PROCEED WITH AN ADDITION TO THE MERCED TO FRESNO SECTION AND A MODIFICATION TO THE FRESNO TO BAKERSFIELD SECTION OF THE PROPOSED CALIFORNIA HIGH SPEED RAIL SYSTEM, SUBJECT TO ENVIRONMENTAL CONDITIONS. THE BOARD PREVIOUSLY AUTHORIZED CONSTRUCTION OF THESE TWO SECTIONS IN DOCKET NOS. FD 35724 AND FD 35724 (SUB-NO. 1).
    Entire Board · CALIFORNIA HIGH-SPEED RAIL AUTHORITY-CONSTRUCTION EXEMPTION-IN MERCED, MADERA AND FRESNO COUNTIES, CAL. · also entered in FD 35724 (Sub-No. 1) · decision 51342
  10. AB 290 (Sub-No. 411X)
    GRANTED A MOTION TO WITHDRAW A REQUEST FOR A PUBLIC USE CONDITION AND CERTIFICATE OR NOTICE OF INTERIM TRAIL USE.
    Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY – ABANDONMENT EXEMPTION – IN THE CITY OF EVANSVILLE, IND. · decision 51541
  11. EP 755
    ADOPTED A FINAL RULE IN DOCKET NO. EP 755 TO ESTABLISH A NEW PROCEDURE FOR CHALLENGING THE REASONABLENESS OF RAILROAD RATES IN SMALLER CASES. THE BOARD ALSO TERMINATED ITS PROCEEDING IN DOCKET EP 665 (SUB-NO. 2).
    Entire Board · FINAL OFFER RATE REVIEW · also entered in EP 665 (Sub-No. 2) · decision 51387
  12. EP 765
    ADOPTED A FINAL RULE THAT MODIFED REGULATIONS TO ESTABLISH A VOLUNTARY ARBITRATION PROGRAM FOR SMALL RATE DISPUTES
    Entire Board · JOINT PETITION FOR RULEMAKING TO ESTABLISH A VOLUNTARY ARBITRATION PROGRAM FOR SMALL RATE DISPUTES · decision 51376

Proceedings that moved in the week of 19 Dec 2022

DocketProceedingFilingsLast activity
EP 772 OVERSIGHT HEARING PERTAINING TO UNION PACIFIC RAILROAD COMPANY'S EMBARGOES 2
AB 1322-X WOLF CREEK RAILROAD LLC - ABANDONMENT EXEMPTION - IN GIBSON COUNTY, TENN. 1
EP 770 (Sub-No. 1) URGENT ISSUES IN FREIGHT RAIL SERVICE--RAILROAD REPORTING 7
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 2
FD 36656 COLORADO PACIFIC RIO GRANDE RAILROAD, LLC — ACQUISITION AND OPERATION EXEMPTION CONTAINING INTERCHANGE COMMITMENT — SAN LUIS & RIO GRANDE RAILROAD, INC. 2
AB 312 (Sub-No. 5X) SOUTH CAROLINA CENTRAL RAILROAD COMPANY, LLC - ABANDONMENT EXEMPTION – IN DARLINGTON COUNTY, S.C. 1
FD 33388 (Sub-No. 102) CSX TRANSPORTATION, INC.—PETITION FOR DECLARATORY ORDER AND CEASE AND DESIST ORDER 1
FD 36655 GENESEE & WYOMING INC. -- CORPORATE FAMILY EXEMPTION 1
NOR 42174 BOROUGH OF DUMONT V. CSX TRANSPORTATION 1
FD 36397 WISCONSIN CENTRAL, LTD.--PETITION FOR DECLARATORY ORDER--INTERCHANGE WITH SOO LINE RAILROAD COMPANY 6
FD 36654 TENTH AVENUE NEIGHBORS--PETITION FOR DECLARATORY ORDER 1
EP 755 FINAL OFFER RATE REVIEW 2
EP 765 JOINT PETITION FOR RULEMAKING TO ESTABLISH A VOLUNTARY ARBITRATION PROGRAM FOR SMALL RATE DISPUTES 2
FD 36028 (Sub-No. 1) KANAWHA RIVER RAILROAD, L.L.C. — LEASE RENEWAL AND OPERATION EXEMPTION WITH INTERCHANGE COMMITMENT — NORFOLK SOUTHERN RAILWAY COMPANY 2
NOR 42175 COMPLAINT AND PETITION OF THE NATIONAL RAILROAD PASSENGER CORP. UNDER 49 U.S.C. § 24308(f)–FOR SUBSTANDARD PERFORMANCE OF AMTRAK’S SUNSET LIMITED TRAINS 1 AND 2 1

Captions and summaries appear as the Board prints them. Counts are filings observed in the record between 19–25 December 2022; decisions are listed above and not counted here. Dates are quoted from the record, never computed.

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