Massachusetts Coastal Railroad, LLC-Acquisition-CSXT Transportation, Inc.
The Surface Transportation Board (Board) is accepting for consideration the application seeking Board approval of the acquisition by Massachusetts Coastal Railroad, LLC (Mass Coastal) of a permanent rail freight easement on about 33 miles of the rail lines of CSX Transportation, Inc. (CSXT) in Massachusetts. Collectively, Mass Coastal and CSXT will be referred to as ``Applicants.'' If the application is approved, Mass Coastal would replace CSXT as the only railroad providing freight service on these rail lines.
Quarterly Rail Cost Adjustment Factor
The Board has approved the first quarter 2010 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The first quarter 2010 RCAF (Unadjusted) is 1.038. The first quarter 2010 RCAF (Adjusted) is 0.467. The first quarter 2010 RCAF-5 is 0.443.
Solid Waste Rail Transfer Facilities
This decision provides the factual basis for the Board's certification under 5 U.S.C. 605(b) of the Regulatory Flexibility Act that the interim rules governing the submission and review of applications for land-use-exemption permits and related filings under 49 CFR 1155 will not have a significant economic impact on a substantial number of small entities.
Notice of Railroad-Shipper Transportation Advisory Council Vacancy
The Surface Transportation Board (Board) hereby gives notice of one vacancy on RSTAC: a representative of a Class II or III railroad. The Board is soliciting suggestions for candidates to fill this vacancy.
By a decision served on December 1, 2009, the Board announced that it will hold oral arguments in two cases: STB Finance Docket No. 35225, San Benito Railroad LLCAcquisition ExemptionCertain Assets of Union Pacific Railroad Company (San Benito RR); and STB Finance Docket No. 35239, Allegheny Valley Railroad CompanyPetition for Declaratory Order (Allegheny Valley).
Arkansas Electric Cooperative Corporation-Petition for Declaratory Order
In response to a petition filed by Arkansas Electric Cooperative Corporation (AECC) on October 2, 2009, and the reply of BNSF Railway Company (BNSF), the Board is instituting a declaratory order proceeding under 49 U.S.C. 721 and 5 U.S.C. 554(e).\1\ The issues before the Board arise from Tariff 6041-B Items 100 and 101 (Tariff provisions), issued by BNSF on May 27, 2009, which require that Powder River Basin (PRB) coal shippers using the Joint Line \2\ or the Black Hills Subdivision must ensure that the emission of coal dust from the cars does not exceed the coal dust emissions standards set by BNSF. The issues raised in these filings include: (1) Whether the Tariff provisions constitute an unreasonable rule or practice; (2) whether BNSF may establish rules designed to inhibit the dispersion of coal dust from coal trains operating over its lines; and (3) whether refusal to provide service for non-compliance with the Tariff provisions or other actions to enforce compliance would violate BNSF's common carrier obligation. Due to the vital role transportation of coal by rail plays in the nation's energy supply and the economy in general, the Board seeks public comment and participation on this matter.