I. SUMMARY

On November 21, 2008, the Commission issued an Order Instituting Rulemaking ("OIR") in this proceeding, Rulemaking (R.) 08-11-017. On December 24, 2008, Union Pacific and Burlington Northern Santa Fe Railway (collectively, "rehearing applicants") timely filed an application for rehearing of the OIR in R.08-11-017.
On November 19, 2010, the proceeding was closed. In closing the proceeding, the Commission determined that it was no longer necessary for the Commission to take action in R.08-11-017 because of the enactment of the federal Rail Safety Improvement Act of 2008, which rendered a separate Commission requirement moot. (D.10-11-009,
p. 1.) Counsel for rehearing applicants has communicated to Commission Staff that the application for rehearing is moot and should be dismissed.