Week of 1 Dec 1997

Decisions served

1. 5 Dec 1997 EP 573
   CORRECTED DECISION SERVED 12/4/97, WHICH CONTAINED INADVERTENT ERRORS; (1) ON PAGE 8, PARAGRAPH 5, FIRST SENTENCE SHOULD INDICATE THAT THE PROVISIONS OF THE ORDER SHOULD EXPIRE ON 3/15/98; AND (2) ON PAGE 9, THE THIRD ORDERING PARAGRAPH SHOULD INDICATE THAT THE PROVISIONS OF THE ORDER EXPIRE ON 3/15/98.

   Secretary · RAIL SERVICE IN THE WESTERN UNITED STATES · also entered in SO 1518 · decision 28704
2. 5 Dec 1997 FD 33388
   DENIED THE CSX/NS-171 APPEAL OF JUDGE LEVENTHAL'S DISCOVERY ORDER.

   Entire Board · CSX CORPORATION AND CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY--CONTROL AND OPERATING LEASES/AGREEMENTS--CONRAIL INC. AND CONSOLIDATED RAIL CORPORATION · decision 28695
3. 5 Dec 1997 AB 6 (Sub-No. 299X)
   NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT 11/26/97 BEFORE THE U S COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

   Secretary · BURLINGTON NORTHERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SKAGIT COUNTY, WA · also entered in AB 6 (Sub-No. 341X) · decision 28691
4. 5 Dec 1997 NOM 41782
   DIRECTED COMPLAINANTS TO FILE THEIR OPENING STATEMENTS ON OR BEFORE 12/26/97, OR SHOW CAUSE, WHY THEIR RESPECTIVE PROCEEDINGS SHOULD NOT BE DISMISSED.

   Secretary · THE GILLETTE COMPANY -- V -- ST. JOHNSBURY TRUCKING COMPANY, INC. · also entered in NOM 41786, NOM 41788 · decision 28690
5. 5 Dec 1997 FD 33388
   NOTICE TO THE PARTIES REGARDING ADDITIONS, DELETIONS, AND REVISIONS IN THE ATTACHED SERVICE LIST.

   Secretary · CSX CORPORATION AND CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY--CONTROL AND OPERATING LEASES/AGREEMENTS--CONRAIL INC. AND CONSOLIDATED RAIL CORPORATION · decision 28680
6. 5 Dec 1997 FD 33506
   INVITED PUBLIC COMMENTS ON A PETITION BY COACH, SEEKING AN EXEMPTION UNDER 49 U.S.C. 13541 TO ACQUIRE CONTROL OF TWO MOTOR PASSENGER CARRIERS.

   Entire Board · COACH USA, INC.--CONTROL EXEMPTION--BROWDER TOURS, INC. AND EL EXPRESO, INC. · decision 28543
7. 5 Dec 1997 AB 33 (Sub-No. 114X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN WASHBURN COUNTY, WI · decision 28485
8. 5 Dec 1997 NOM 41453
   CONCLUDED THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY TSC AGAINST MAKITA WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 10701(A) AND SECTION 2(E) OF THE NRA.

   Entire Board · MAKITA U.S.A. INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF TSC EXPRESS COMPANY · decision 19983
9. 4 Dec 1997 EP 573
   EXTENDED THE SERVICE ORDER ISSUED 10/31/97 AS MODIFIED, UNTIL 3/15/98.

   Entire Board · RAIL SERVICE IN THE WESTERN UNITED STATES · also entered in SO 1518 · decision 28700
10. 4 Dec 1997 FD 33514
    NOTICE OF TRACKAGE RIGHTS EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · BUFFALO & PITTSBURGH RAILROAD, INC.--TRACKAGE RIGHTS EXEMPTION--CONSOLIDATED RAIL CORPORATION · decision 28637
11. 4 Dec 1997 AB 33 (Sub-No. 115X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY -- ABANDONMENT EXEMPTION -- IN WAUKESHA COUNTY, WI · decision 28623
12. 4 Dec 1997 FD 33431
    FOUND THAT UNDER 49 U.S.C. 13541, THE ACQUISITION BY COACH AND K-T OF CONTROL OF GRAY LINE AND THE MERGER OF GRAY LINE INTO K-T IS EXEMPTED FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 14303.

    Entire Board · COACH USA, INC. AND K-T CONTRACT SERVICES, INC.--CONTROL AND MERGER EXEMPTION--GRAY LINE TOURS OF SOUTHERN NEVADA · decision 28508
13. 4 Dec 1997 FD 33311
    DISMISSED UTU'S PETITION FOR AN EMERGENCY CEASE AND DESIST ORDER WITHOUT PREJUDICE.

    Entire Board · KANSAS CITY SOUTHERN INDUSTRIES, INC., KCS TRANSPORTATION COMPANY, AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY--CONTROL--GATEWAY WESTERN RAILWAY COMPANY AND GATEWAY EASTERN RAILWAY COMPANY · decision 28385
14. 3 Dec 1997 AB 32 (Sub-No. 65X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · BOSTON AND MAINE CORPORATION -- ABANDONMENT AND DISCONTINUANCE OF SERVICE · decision 28631
15. 3 Dec 1997 AB 33 (Sub-No. 112X)
    ESTABLISHED SET TERMS AND CONDITIONS FOR AN OFFER BY LLC TO PURCHASE A PORTION OF UP'S BRANCH IN LINCOLN, NE.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LANCASTER COUNTY, NE · decision 28556
16. 2 Dec 1997 FD 32760 (Sub-No. 25)
    GRANTED UP'S EXTENSION REQUEST TO 12/5/97.

    Secretary · UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY, AND MISSOURI PACIFIC RAILROAD COMPANY--CONTROL AND MERGER--SOUTHERN PACIFIC RAIL CORPORATION, SOUTHERN PACIFIC TRANSPORTATION COMPANY, ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, SPCSL CORP., AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY · decision 28676
17. 2 Dec 1997 EP 573
    NOTICE OF APPEARANCES AND THE TIME ALLOTTED TO EACH SPEAKER AT THE HEARING TO BE HELD 12/03/97.

    Secretary · RAIL SERVICE IN THE WESTERN UNITED STATES · also entered in SO 1518 · decision 28672
18. 2 Dec 1997 NOM 42014
    GRANTED COMPLAINANT'S EXTENSION REQUEST AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Secretary · SIMPSON STRONG-TIE COMPANY, INC. V. WILLIG FREIGHT LINES, INC. · decision 28667
19. 2 Dec 1997 AB 441 (Sub-No. 2X)
    VACATED DECISION SERVED 4/4/97 AND PRIOR ABANDONMENT AUTHORIZATION WILL BE EFFECTIVE ON THE SERVICE DATE OF THIS DECISION.

    Director Of Proceedings · SWKR OPERATING CO.--ABANDONMENT EXEMPTION--IN COCHISE COUNTY, AZ · decision 28653
20. 2 Dec 1997 FD 33525
    NOTICE OF ACQUISITION AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · SIERRA RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--SIERRA PACIFIC INDUSTRIES · decision 28652
21. 2 Dec 1997 NOR 41685
    GRANTED THE PARTIES' EXTENSION REQUEST TO 1/9/98 AND 2/23/98.

    Secretary · CF INDUSTRIES, INC. V. KOCH PIPELINE COMPANY, L.P. · decision 28650
22. 2 Dec 1997 AB 55 (Sub-No. 554X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION INC.--ABANDONMENT EXEMPTION--IN JASPER COUNTY, SC AND CHATHAM COUNTY, GA. · decision 28621
23. 2 Dec 1997 AB 57 (Sub-No. 43X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · SOO LINE RAILROAD COMPANY -- NOTICE OF EXEMPTION TO ABANDON TRACKAGE LOCATED IN WEST DULUTH MINNESOTA · decision 28601
24. 2 Dec 1997 FD 33412
    NOTICE OF CONTINUANCE IN CONTROL EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · PETER A. GILBERSTON, H. TERRY HEARST, BRUCE A. LIEBERMAN, R. LAWRENCE MCCAFFREY, JR., HAROLD F. PARMLY, AND ANACOSTIA RAIL HOLDINGS COMPANY--CONTINUANCE IN CONTROL EXEMPTION--PACIFIC HARBOR LINE, INC. · decision 28594
25. 2 Dec 1997 FD 33411
    NOTICE OF OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · PACIFIC HARBOR LINE, INC.--OPERATION EXEMPTION--PORT OF LOS ANGELES · decision 28593
26. 2 Dec 1997 FD 33509
    NOTICE OF ACQUISITION AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · COLORADO KANSAS & PACIFIC RAILWAY COMPANY-- ACQUISITON AND OPERATION EXEMPTION -- UNION PACIFIC RAILROAD COMPANY · decision 28590
27. 1 Dec 1997 EP 574
    ADVANCE NOTICE OF PROPOSED RULEMAKING SEEKING COMMENTS FROM ALL INTERESTED PERSONS ON THE EXTENT TO WHICH RAILROADS SHOULD BE REQUIRED TO PROVIDE DETAILED INFORMATION REGARDING SAFETY.

    Entire Commission · SAFE IMPLEMENTATION OF BOARD-APPROVED TRANSACTIONS · decision 28665
28. 1 Dec 1997 FD 31363 (Sub-No. 3)
    GRANTED URR AND BLE'S EXTENSION REQUEST TO FILE THEIR RESPONSE UNTIL 12/22/97.

    Secretary · UNION RAILROAD COMPANY AND BESSEMER AND LAKE ERIE RAILROAD COMPANY--ARBITRATION REVIEW--UNITED STEELWORKERS OF AMERICA · decision 28661
29. 1 Dec 1997 AB 534 (Sub-No. 1X)
    FOUND THAT NO SIGNIFICANT IMPACT UNDER 49 CFR 1105.10(G) WILL BE MADE PURSUANT TO 49 CFR 1011.8(C)(10).

    Director Of Proceedings · LAKE STATE RAILWAY COMPANY -- ABANDONMENT EXEMPTION -- IN ALPENA COUNTY, MI · decision 28627
30. 1 Dec 1997 AB 55 (Sub-No. 555X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION INC.--ABANDONMENT EXEMOTION--IN ALACHUA COUNTY, FL · decision 28622
31. 1 Dec 1997 AB 535-X
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · WEST CENTRAL OHIO PORT AUTHORITY--ABANDONMENT EXEMPTION--IN CLARK COUNTY, OH · also entered in AB 536-X · decision 28620
32. 1 Dec 1997 FD 33511
    NOTICE OF CONTINUANCE IN CONTROL EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · EMONS TRANSPORTATION GROUP, INC.--CONTINUANCE IN CONTROL EXEMPTION--PENN EASTERN RAIL LINES, INC. · decision 28600
33. 1 Dec 1997 FD 33512
    NOTICE OF ACQUISITION AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · PENN EASTERN RAIL LINES, INC.--ACQUISITION AND OPERATION EXEMPTION--LINES OF LANCASTER NORTHERN RAILWAY, INC., CHESTER VALLEY RAILWAY, INC., EAST PENN RAILWAYS, INC., AND BRISTOL INDUSTRIAL TERMINAL RAILWAY, INC. · decision 28599
34. 1 Dec 1997 FD 30186 (Sub-No. 2)
    DENIED TRRC'S PETITION TO REOPEN A DECISION SERVED 11/8/96, AND GRANTED BNSF'S PETITION FOR LEAVE TO INTERVENE AND OTHER PROCEDURAL MOTIONS.

    Entire Board · TONGUE RIVER RAILROAD COMPANY--RAIL CONSTRUCTION AND OPERATION--ASHLAND TO DECKER, MONTANA · decision 28078
35. 1 Dec 1997 NOR 41687
    GRANTED GRAIN LAND'S APPEAL AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Entire Board · GRAIN LAND COOP V. CANADIAN PACIFIC LIMITED AND SOO LINE RAILROAD COMPANY D/B/A CP RAIL SYSTEM · decision 27959