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Week of 11 Sep 2023

11–17 September 2023 · Monday to Sunday · ← previous week · next week → · every week · the latest seven days

11 decisions served and 60 filings observed, in 40 proceedings (27 entered in more than one) — 15 of them in EP 770 (Sub-No. 1).

Decisions served

  1. NOR 42175
    PROVIDED NOTICE OF A CONFERENCE CALL HELD ON SEPTEMBER 7, 2023, IN THIS PROCEEDING.
    Administrative Law Judge · 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 51869
  2. FD 36722
    PROVIDED NOTICE THAT CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION FOR ACQUISITION OF OVERHEAD TRACKAGE RIGHTS OVER APPROXIMATELY 41.5 MILES OF RAIL LINE OWNED BY CEDAR RIVER RAILROAD COMPANY BETWEEN CEDAR FALLS AND CHARLES CITY, IOWA.
    Director Of Proceedings · CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY -- TRACKAGE RIGHTS EXEMPTION -- CEDAR RIVER RAILROAD COMPANY · decision 51859
  3. FD 36721
    PROVIDED NOTICE THAT CEDAR RIVER RAILROAD COMPANY AND CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY FILED A NOTICE OF EXEMPTION FOR ACQUISITION OF LIMITED LOCAL TRACKAGE RIGHTS OVER APPROXIMATELY 3.75 MILES OF RAIL LINE OWNED BY DAKOTA, MINNESOTA & EASTERN RAILROAD COMPANY, D/B/A CANADIAN PACIFIC KANSAS CITY, BETWEEN CHARLES CITY AND WEST OF CHARLES CITY, IOWA.
    Director Of Proceedings · CEDAR RIVER RAILROAD COMPANY AND CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY -- TRACKAGE RIGHTS EXEMPTION -- DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION · decision 51857
  4. AB 1327-X
    (1) TERMINATED THE OFFER OF FINANCIAL ASSISTANCE PROCESS; AND (2) DETERMINED THAT AN ABANDONMENT EXEMPTION WILL BE EFFECTIVE TODAY, SUBJECT TO CERTAIN CONDITIONS.
    Director Of Proceedings · FLATS INDUSTRIAL INC. D/B/A FLATS INDUSTRIAL RAILROAD COMPANY—ABANDONMENT EXEMPTION—IN CLEVELAND, OHIO · decision 51860
  5. FD 36704
    PROVIDED NOTICE THAT THE WARREN & TRUMBULL RAILROAD COMPANY FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM ECONOMIC DEVELOPMENT RAIL II CORPORATION AND TO OPERATE APPROXIMATELY 8.97 MILES OF RAIL LINE IN OHIO.
    Director Of Proceedings · THE WARREN & TRUMBULL RAILROAD COMPANY–ACQUISITION AND OPERATION EXEMPTION–ECONOMIC DEVELOPMENT RAIL II CORPORATION · decision 51849
  6. FD 36720
    PROVIDED NOTICE THAT MACQUARIE INFRASTRUCTURE PARTNERS V GP, LLC, A NONCARRIER, FILED A NOTICE OF EXEMPTION TO ACQUIRE CONTROL OF PIONEER VALLEY RAILROAD COMPANY, INC., A CLASS III CARRIER CURRENTLY CONTROLLED BY PINSLY RAILROAD COMPANY, A NON-CARRIER.
    Director Of Proceedings · MACQUARIE INFRASTRUCTURE PARTNERS V GP, LLC, ET AL. —CONTROL EXEMPTION— PIONEER VALLEY RAILROAD COMPANY, INC. · decision 51848
  7. FD 36705
    PROVIDED NOTICE THAT YOUNGSTOWN & AUSTINTOWN RAILROAD, INC. FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM ECONOMIC DEVELOPMENT RAIL CORPORATION AND TO OPERATE APPROXIMATELY 2.74 MILES OF RAIL LINE KNOWN AS THE Y AND A BRANCH IN YOUNGSTOWN, MAHONING COUNTY, OHIO.
    Director Of Proceedings · YOUNGSTOWN & AUSTINTOWN RAILROAD, INC. – ACQUISITION AND OPERATION EXEMPTION – ECONOMIC DEVELOPMENT RAIL CORPORATION · decision 51847
  8. EP 670 (Sub-No. 1)
    PROVIDED NOTICE THAT A MEETING OF THE RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE WILL BE HELD ON OCTOBER 18, 2023, AT 9:00 A.M., AT THE BOARD'S HEADQUARTERS.
    Director Of Proceedings · NOTICE OF RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE MEETING · decision 51861
  9. NOR 42175
    (1) ADDED CANADIAN PACIFIC KANSAS CITY LIMITED (CPKC) AS A PARTY OF RECORD IN THIS PROCEEDING; (2) DIRECTED CPKC TO RESPOND TO THE BOARD’S REQUEST FOR INFORMATION; AND (3) DENIED AS MOOT CPKC'S PETITION TO INTERVENE BECAUSE CPKC WILL PARTICIPATE AS A PARTY.
    Entire Board · 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 51852
  10. FD 36715
    (1) WAIVED A 60-DAY ADVANCE NOTICE REQUIREMENT TO EMPLOYEES BECAUSE NO EMPLOYEES WOULD BE ADVERSELY AFFECTED BY A TRANSACTION; AND (2) DETERMINED THAT AN AQUISITION AND OPERATION EXEMPTION WILL BECOME EFFECTIVE ON SEPTEMBER 12, 2023.
    Entire Board · THE NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORPORATION--ACQUISITION AND OPERATION EXEMPTION--ONONDAGA COUNTY INDUSTRIAL DEVELOPMENT AGENCY · decision 51834
  11. FD 36678
    (1) INSTITUTED A DECLARATORY ORDER PROCEEEDING; AND (2) DIRECTED CONSOLIDATED RAIL CORPORATION TO FILE A REPLY ADDRESSING THE INFORMATION DESCRIBED ABOVE BY OCTOBER 12, 2023.
    Director Of Proceedings · MMD INVESTMENT, LLC – PETITION FOR DECLARATORY ORDER · decision 51820

Proceedings that moved in the week of 11 Sep 2023

DocketProceedingFilingsLast activity
EP 770 (Sub-No. 1) URGENT ISSUES IN FREIGHT RAIL SERVICE--RAILROAD REPORTING 15
FD 36500 (Sub-No. 6) 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 (GENERAL OVERSIGHT) 14
EP 670 (Sub-No. 2) NOTICE OF RAIL ENERGY TRANSPORTATION ADVISORY COMMITTEE VACANCIES 12
NOR 42179 NAVAJO TRANSITIONAL ENERGY COMPANY, LLC V. BNSF RAILWAY COMPANY 6
AB 768-X MOHAWK, ADIRONDACK & NORTHERN RAILROAD CORPORATION--ABANDONMENT EXEMPTION--IN LEWIS AND JEFFERSON COUNTIES, N.Y. 3
AB 180-X THE LOWVILLE & BEAVER RIVER RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LEWIS COUNTY, N.Y. 2
NOR 42178 NAVAJO TRANSITIONAL ENERGY COMPANY, LLC—EX PARTE PETITION FOR EMERGENCY SERVICE ORDER 2
AB 1305 (Sub-No. 1) GREAT REDWOOD TRAIL AGENCY - ADVERSE ABANDONMENT - MENDOCINO RAILWAY IN MENDOCINO COUNTY, CAL. 1
AB 33 (Sub-No. 262X) UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FULTON AND PEORIA COUNTIES, ILL. 1
AB 33 (Sub-No. 284X) UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN KANE COUNTY, ILL. 1
AB 33 (Sub-No. 321X) UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SHEBOYGAN COUNTY, WIS. 1
AB 33 (Sub-No. 338X) UNION PACIFIC RAILROAD COMPANY -- ABANDONMENT EXEMPTION -- IN SALT LAKE COUNTY, UTAH 1
AB 33 (Sub-No. 345X) UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RIVERSIDE COUNTY, CAL. 1
AB 33 (Sub-No. 351X) UNION PACIFIC RAILROAD COMPANY -- ABANDONMENT EXEMPTION -- IN WEBER AND DAVIS COUNTIES, UTAH 1
EP 328 (Sub-No. 2) UNION PACIFIC RAILROAD--PETITION TO EXIT MILEAGE EQUALIZATION SYSTEM 1
EP 665 RAIL TRANSPORTATION OF GRAIN 1
EP 711 PETITION FOR RULEMAKING TO ADOPT REVISED COMPETITIVE SWITCHING RULES 1
EP 711 (Sub-No. 1) RECIPROCAL SWITCHING 1
EP 722 RAILROAD REVENUE ADEQUACY 1
EP 756 MARKET DOMINANCE STREAMLINED APPROACH 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
EP 770 URGENT ISSUES IN FREIGHT RAIL 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 36471 COLORADO, MIDLAND & PACIFIC RAILWAY COMPANY--LEASE AND OPERATION EXEMPTION CONTAINING INTERCHANGE COMMITMENT-- UNION PACIFIC RAILROAD COMPANY 1
FD 36579 UNION PACIFIC RAILROAD COMPANY -- TEMPORARY TRACKAGE RIGHTS EXEMPTION -- BNSF RAILWAY COMPANY 1
FD 36677 UNION PACIFIC RAILROAD COMPANY -- TEMPORARY TRACKAGE RIGHTS EXEMPTION -- BNSF RAILWAY COMPANY 1
NOR 38376-S UNITED STATES DEPARTMENT OF ENERGY AND UNITED STATES DEPARTMENT OF DEFENSE V. ABERDEEN & ROCKFISH RAILROAD COMPANY, ET AL. 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
NOR 42164 OLIN CORPORATION V. UNION PACIFIC RAILROAD COMPANY 1
NOR 42171 SANIMAX USA LLC V. UNION PACIFIC RAILROAD COMPANY 1
FD 36710 RICHMOND WATERFRONT INDUSTRIAL PARK, LLC--PETITION FOR DECLARATORY ORDER 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 36717 OMNITRAX SBVR, LLC D/B/A SOUTH BRANCH VALLEY RAILROAD—OPERATION EXEMPTION—RAILROAD LINE OF WEST VIRGINIA STATE RAIL AUTHORITY IN HAMPSHIRE, HARDY, AND GRANT COUNTIES, W. VA. 1
FD 30800 UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY & MISSOURI PACIFIC RAILROAD COMPANY—CONTROL—MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, ET AL. 1
FD 36575 TOWNLINE RAIL TERMINAL, LLC--CONSTRUCTION AND OPERATION EXEMPTION--IN SUFFOLK COUNTY, N.Y. 1
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 11–17 September 2023; decisions are listed above and not counted here. Dates are quoted from the record, never computed.

Permanent address: docketyard.org/week/2023-09-11 — any day of the week resolves here.