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Week of 6 Feb 2023

6–12 February 2023 · Monday to Sunday · ← previous week · next week → · every week · the latest seven days

6 decisions served and 35 filings observed, in 30 proceedings (14 entered in more than one) — 12 of them in EP 770 (Sub-No. 1).

Decisions served

  1. FD 36663
    PROVIDED NOTICE THAT YAK RAIL LLC FILED A NOTICE FOR A MODIFIED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO LEASE AND OPERATE A LINE OF 22.19-MILE LINE OF RAILROAD BETWEEN WESLEY JUNCTION, NEAR TOPPENISH, AND WHITE SWAN, IN YAKIMA COUNTY, WASH.
    Director Of Proceedings · YAK RAIL LLC-- MODIFIED RAIL CERTIFICATE · decision 51594
  2. FD 36664
    PROVIDED NOTICE THAT CWW LLC, A NONCARRIER, FILED A NOTICE OF EXEMPTION TO CONTINUE IN CONTROL OF YAK RAIL LLC (YAK RAIL) UPON YAK RAIL'S BECOMING A CLASS III CARRIER.
    Director Of Proceedings · CWW LLC – CONTINUANCE IN CONTROL – YAK RAIL LLC · decision 51593
  3. EP 290 (Sub-No. 4)
    PRESENTED A CALCULATION FOR THE CHANGE IN RAILROAD PRODUCTIVITY FOR THE 2017-2021 AVERAGING PERIOD.
    Entire Board · RAILROAD COST RECOVERY PROCEDURES-PRODUCTIVITY ADJUSTMENT · decision 51585
  4. MCF 21104
    TENTATIVELY APPROVED AND AUTHORIZED VAN POOL TRANSPORTATION LLC TO ACQUIRE CONTROL OF LOCAL MOTION, INC.
    Entire Board · VAN POOL TRANSPORTATION LLC -- ACQUISITION OF CONTROL -- LOCAL MOTION, INC. · decision 51582
  5. EP 689 (Sub-No. 14)
    PROVIDED NOTICE THAT THE BOARD IS PUBLISHING THE REVENUE SHORTFALL ALLOCATION METHODOLOGY AND REVENUE-TO-VARIABLE COST GREATER THAN 180% (R/VC>180) RATIOS FOR THE CLASS I CARRIERS (FOR THE YEARS 2018-2021), AS WELL AS THEIR FOUR-YEAR AVERAGES, FOR USE IN THREE-BENCHMARK CASES.
    Director, Office Of Economics · SIMPLIFIED STANDARDS FOR RAIL RATE CASES— 2021 RSAM and R/VC>180 CALCULATIONS · decision 51589
  6. EP 558 (Sub-No. 26)
    INSTITUTED A PROCEEDING TO DETERMINE THE RAILROAD INDUSTRY'S COST OF CAPITAL FOR 2022.
    Entire Board · RAILROAD COST OF CAPITAL—2022 · decision 51570

Proceedings that moved in the week of 6 Feb 2023

DocketProceedingFilingsLast activity
EP 770 (Sub-No. 1) URGENT ISSUES IN FREIGHT RAIL SERVICE--RAILROAD REPORTING 12
EP 670 (Sub-No. 2) NOTICE OF RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE VACANCIES 2
FD 36447 LAKE PROVIDENCE PORT COMMISSION--FEEDER LINE APPLICATION--LINE OF DELTA SOUTHERN RAILROAD LOCATED IN EAST CARROLL AND MADISON PARISHES, LA. 2
EP 765 JOINT PETITION FOR RULEMAKING TO ESTABLISH A VOLUNTARY ARBITRATION PROGRAM FOR SMALL RATE DISPUTES 3
FD 36472 CSX CORPORATION AND CSX TRANSPORTATION, INC.—CONTROL AND MERGER—PAN AM SYSTEMS, INC., PAN AM RAILWAYS, INC., BOSTON AND MAINE CORPORATION, MAINE CENTRAL RAILROAD COMPANY, NORTHERN RAILROAD, PAN AM SOUTHERN LLC, PORTLAND TERMINAL COMPANY, SPRINGFIELD TERMINAL RAILWAY COMPANY, STONY BROOK RAILROAD COMPANY, AND VERMONT & MASSACHUSETTS RAILROAD COMPANY 2
NOR 42176 VICTOR INSULATORS, INC. v. FINGER LAKES RAILWAY CORP. AND ONTARIO CENTRAL RAILROAD CORP. 2
EP 730 (Sub-No. 1) ROSTER OF ARBITRATORS--ANNUAL UPDATE 1
FD 29761 ONTARIO CENTRAL RAILROAD CORP. -- MODIFIED RAIL CERTIFICATE 1
FD 36662 STEFAN SOLOVIEV, EXECUTOR, ESTATE OF SHELDON H. SOLOW — CONTINUANCE IN CONTROL EXEMPTION — COLORADO PACIFIC RIO GRANDE RAILROAD, LLC 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 2
EP 558 (Sub-No. 26) RAILROAD COST OF CAPITAL—2022 1
EP 711 (Sub-No. 1) RECIPROCAL SWITCHING 1
EP 755 FINAL OFFER RATE REVIEW 1
EP 756 MARKET DOMINANCE STREAMLINED APPROACH 1
EP 757 POLICY STATEMENT ON DEMURRAGE AND ACCESSORIAL RULES AND CHARGES 1
EP 759 DEMURRAGE BILLING REQUIREMENTS 1
EP 766 JOINT PETITION FOR RULEMAKING—ANNUAL REVENUE ADEQUACY DETERMINATIONS 1
EP 768 PETITION FOR RULEMAKING TO ADOPT RULES GOVERNING PRIVATE RAILCAR USE BY RAILROADS 1
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 1
NOR 42150 VALERO MARKETING AND SUPPLY COMPANY AND VALERO RAIL PARTNERS, LLC V. UNION PACIFIC RAILROAD COMPANY 1
NOR 42152 TESORO REFINING & MARKETING COMPANY LLC; TESORO GREAT PLAINS GATHERING & MARKETING, LLC; AND DAKOTA PRAIRIE REFINING, LLC V. UNION PACIFIC RAILROAD COMPANY 1
NOR 42153 ARKEMA INC. V. UNION PACIFIC RAILROAD COMPANY 1
FD 36575 TOWNLINE RAIL TERMINAL, LLC--CONSTRUCTION AND OPERATION EXEMPTION--IN SUFFOLK COUNTY, N.Y. 2
AB 1294-X EIGHTEEN THIRTY GROUP, LLC—ABANDONMENT EXEMPTION—IN ALLEGANY COUNTY, MD. 1
EP 767 FIRST-MILE / LAST-MILE SERVICE 1
FD 32760 (Sub-No. 46) BNSF RAILWAY COMPANY--TERMINAL TRACKAGE RIGHTS--KANSAS CITY SOUTHERN RAILWAY COMPANY AND UNION PACIFIC RAILROAD COMPANY 1
FD 35692 EASTSIDE COMMUNITY RAIL, LLC--ACQUISITION AND OPERATION EXEMPTION--GNP RLY INC. 1
FD 35730 BALLARD TERMINAL RAILROAD COMPANY, L.L.C.--LEASE EXEMPTION--EASTSIDE COMMUNITY RAIL, LLC 1
FD 36666 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION - ACQUISITION EXEMPTION - NORFOLK SOUTHERN RAILWAY COMPANY 1
FD 36668 CWW LLC--LEASE AND OPERATION EXEMPTION--PORT OF BENDON COUNTY, WASH. 1

Captions and summaries appear as the Board prints them. Counts are filings observed in the record between 6–12 February 2023; decisions are listed above and not counted here. Dates are quoted from the record, never computed.

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