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Week of 1 May 2023

1–7 May 2023 · Monday to Sunday · ← previous week · next week → · every week · the latest seven days

10 decisions served (2 entered in more than one docket) and 41 filings observed, in 20 proceedings — 10 of them in EP 770 (Sub-No. 1).

Decisions served

  1. NOR 42178
    PROVIDED INSTRUCTIONS FOR AN ORAL ARGUMENT THAT WILL BE HELD IN THE HEARING ROOM OF THE BOARD’S HEADQUARTERS, LOCATED AT 395 E STREET, S.W., WASHINGTON, DC 20423-0001 ON WEDNESDAY, MAY 10, 2023, BEGINNING AT 9:30 A.M.
    Director Of Proceedings · NAVAJO TRANSITIONAL ENERGY COMPANY, LLC—EX PARTE PETITION FOR EMERGENCY SERVICE ORDER · decision 51704
  2. AB 1329-X
    (1) DENIED IN PART FULTON COUNTY, L.L.C.'S MOTION TO AMEND THE PROCEDURAL SCHEDULE; (2) ORDERED THAT THE AMENDED DEADLINE TO REPLY TO A PETITION FOR EXEMPTION IS MAY 8, 2023; AND (3) ORDERED THAT ELKHART & WESTERN RAILROAD CO. LLC'S REPLY TO A MOTION TO COMPEL IS DUE BY MAY 12, 2023.
    Director Of Proceedings · ELKHART & WESTERN RAILROAD CO. LLC – DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION – IN MARSHALL AND FULTON COUNTIES, IND. · decision 51706
  3. FD 36693
    GRANTED A MOTION FOR PROTECTIVE ORDER.
    Director Of Proceedings · BNSF RAILWAY COMPANY—TRACKAGE RIGHTS EXEMPTION—MONTANA RAIL LINK, INC. · decision 51685
  4. FD 36693
    PROVIDED NOTICE THAT BNSF RAILWAY COMPANY FILED A NOTICE OF EXEMPTION FOR ACQUISITION OF LOCAL AND OVERHEAD TRACKAGE RIGHTS OVER APPROXIMATELY 65.7 MILES OF NON-CONTIGUOUS RAIL LINE OWNED BY MONTANA RAIL LINK, INC.
    Director Of Proceedings · BNSF RAILWAY COMPANY—TRACKAGE RIGHTS EXEMPTION—MONTANA RAIL LINK, INC. · decision 51684
  5. WB 23 (Sub-No. 21)
    AUTHORIZED ATLANTA REGIONAL COMMISSION TO ACCESS THE 2013 AND 2019 CONFIDENTIAL CARLOAD WAYBILL SAMPLE WITH MASKED REVENUES.
    Director, Office Of Economics · RELEASE OF WAYBILL DATA · decision 51703
  6. FD 36695
    DIRECTED THE WENGER GROUP, INC., AND ESBENSHADE, INC., NATIONAL RAILROAD PASSENGER CORPORATION, AND NORFOLK SOUTHERN RAILWAY TO FILE A STATUS REPORT, JOINTLY IF POSSIBLE, NO LATER THAN 5:00 P.M. ON MAY 3, 2023.
    Director Of Proceedings · THE WENGER GROUP, INC., AND ESBENSHADE, INC.—PETITION FOR DECLARATORY ORDER AND INJUNCTIVE RELIEF—RAIL SERVICE TO PENNSYLVANIA FEED MILLS AND OTHER FACILITIES · decision 51702
  7. EP 770 (Sub-No. 1)
    EXTENDED THE TEMPORARY REPORTING PERIOD FOR ALL CLASS I CARRIERS TO DECEMBER 31, 2023, AND MODIFIED REPORTING REQUIREMENTS FOR CSX TRANSPORTATION, INC.
    Entire Board · URGENT ISSUES IN FREIGHT RAIL SERVICE--RAILROAD REPORTING · decision 51681
  8. FD 36500
    CLARIFIED THAT PARTICIPATION IN THE TECHNICAL CONFERENCE TO BE HELD IN THIS PROCEEDING WILL BE LIMITED TO ONLY BOARD STAFF AND CANADIAN PACIFIC KANSAS CITY LIMITED AND DENIED REQUESTS FOR THIRD-PARTY PARTICIPATION.
    Entire Board · 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 · decision 51693
  9. AB 55 (Sub-No. 811X)
    PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 0.77-MILE RAIL LINE THAT RUNS ON ITS ALBANY DIVISION, NEW YORK TERMINAL, PUTNAM BRANCH, IN BRONX COUNTY, N.Y.
    Director Of Proceedings · CSX TRANSPORTATION, INC.–ABANDONMENT EXEMPTION– IN BRONX COUNTY, N.Y. · decision 51678
  10. FD 36658
    (1) ALLOWED PAUL DIDELIUS TO CONTINUE IN CONTROL OF RAINIER RAIL LLC WHEN IT BECOMES A CLASS III RAIL CARRIER IN A RELATED TRANSACTION INVOLVING THE ACQUISITION OF AND CHANGE OF OPERATORS ON CERTAIN RAIL LINES IN THE STATE OF WASHINGTON; AND (2) SET AN EFFECTIVE DATE FOR TWO PENDING CLASS EXEMPTIONS, WHICH THE BOARD PREVIOUSLY HELD IN ABEYANCE.
    Entire Board · RAINIER RAIL LLC—ACQUISITION AND CHANGE OF OPERATORS EXEMPTION—CITY OF TACOMA, WASH., DEPARTMENT OF PUBLIC WORKS DBA TACOMA RAIL MOUNTAIN DIVISION · also entered in FD 36659, FD 36692 · decision 51636

Proceedings that moved in the week of 1 May 2023

DocketProceedingFilingsLast activity
EP 770 (Sub-No. 1) URGENT ISSUES IN FREIGHT RAIL SERVICE--RAILROAD REPORTING 10
NOR 42178 NAVAJO TRANSITIONAL ENERGY COMPANY, LLC—EX PARTE PETITION FOR EMERGENCY SERVICE ORDER 4
FD 36699 NORFOLK SOUTHERN RAILWAY COMPANY AND THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY COMPANY -ACQUISITION- TRUSTEES OF THE CINCINNATI SOUTHERN RAILWAY 3
FD 36627 TGS CEDAR PORT RAILROAD LLC — OPERATION EXEMPTION — IN CHAMBERS COUNTY, TEX. 2
AB 1316-X GNP RLY, INC. – ABANDONMENT EXEMPTION – IN KING COUNTY, WASH. 1
EP 526 (Sub-No. 17) NOTICE OF RAILROAD-SHIPPER TRANSPORTATION ADVISORY COUNCIL VACANCIES 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 1
FD 36695 THE WENGER GROUP, INC., AND ESBENSHADE, INC.—PETITION FOR DECLARATORY ORDER AND INJUNCTIVE RELIEF—RAIL SERVICE TO PENNSYLVANIA FEED MILLS AND OTHER FACILITIES 5
AB 1296 (Sub-No. 1X) R. J. CORMAN RAILROAD PROPERTY, LLC – ABANDONMENT EXEMPTION – IN CAMPBELL COUNTY, TENN. 1
NOR 42179 NAVAJO TRANSITIONAL ENERGY COMPANY, LLC V. BNSF RAILWAY COMPANY 1
WB 23 (Sub-No. 29) RELEASE OF WAYBILL DATA 1
FD 36575 TOWNLINE RAIL TERMINAL, LLC--CONSTRUCTION AND OPERATION EXEMPTION--IN SUFFOLK COUNTY, N.Y. 2
NOR 42176 VICTOR INSULATORS, INC. v. FINGER LAKES RAILWAY CORP. AND ONTARIO CENTRAL RAILROAD CORP. 1
AB 1329-X ELKHART & WESTERN RAILROAD CO. LLC – DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION – IN MARSHALL AND FULTON COUNTIES, IND. 2
AB 33 (Sub-No. 351X) UNION PACIFIC RAILROAD COMPANY -- ABANDONMENT EXEMPTION -- IN WEBER AND DAVIS COUNTIES, UTAH 1
EP 558 (Sub-No. 26) RAILROAD COST OF CAPITAL—2022 1
AB 1305 (Sub-No. 1) GREAT REDWOOD TRAIL AGENCY - ADVERSE ABANDONMENT - MENDOCINO RAILWAY IN MENDOCINO COUNTY, CAL. 1
AB 1327-X FLATS INDUSTRIAL INC. D/B/A FLATS INDUSTRIAL RAILROAD COMPANY—ABANDONMENT EXEMPTION—IN CLEVELAND, OHIO 1
FD 36609 FOSTER POULTRY FARMS – EX PARTE PETITION FOR EMERGENCY SERVICE ORDER 1
FD 36699 (Sub-No. 1) THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY COMPANY—INTRA-CORPORATE FAMILY OPERATION EXEMPTION— LINE OF NORFOLK SOUTHERN RAILWAY COMPANY 1

Captions and summaries appear as the Board prints them. Counts are filings observed in the record between 1–7 May 2023; decisions are listed above and not counted here. Dates are quoted from the record, never computed.

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