Week of 9 Feb 1998

Decisions served

1. 13 Feb 1998 FD 33429
   DISMISSED THE COMPLAINT AND TERMINATED THE PROCEEDING.

   Secretary · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY V AMERICAN TRAIN DISPATCHERS DEPARTMENT BROTHERHOOD OF LOCOMOTIVE ENGINEERS · decision 28936
2. 13 Feb 1998 AB 167 (Sub-No. 1132X)
   GRANTED CONRAIL'S REQUEST FOR EXTENSION OF TIME TO PREPARE ITS REPLY.

   Secretary · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--BETWEEN BURGETTSTOWN, WASHINGTON COUNTY, PA, AND COLLIERS, BROOKE COUNTY, WV · decision 28929
3. 13 Feb 1998 NOM 42016
   GRANTED RESPONDENT'S EXTENSION REQUEST AND ADJUSTED THE PROCEDURAL SCHEDULE ACCORDINGLY.

   Secretary · A. SCHULMAN, INC.; AGATE COVE ENTERPRISES DBA SOUND BUSINESS FORMS; ALCAN ALUMINUM CORPORATION; ANSUL FIRE PROTECTION; AVERY DENNISON CORPORATION; B&S SUPPLY; BAYSIDE BUSINESS FORMS; BLOCK GRAPHICS, INC. FKA MEDALLION ENVELOPE CO.; BLOCK GRAPHICS, INC. FKA SYSTEMS DISTRIBUTION, INC.; BLOUNT SPORTING EQUIPMENT; CAL-TAB SYSTEMS, INC.; CENTRAL VALLEY OAK DIST.; CHEMITHON SURFACE FINISHING, INC.; COSTCO WHOLESALE CORPORATION; DATAFORM PRINT COMMUNICATIONS; DUCKBACK PRODUCTS, INC.; DURODYNE, INC.; EVEREADY BATTERY COMPANY, INC.; FEDERAL PAPER BOARD COMPANY, INC.; FMC CORPORATION; GRAN'PA DON'S, INC.; HEHR INTERNATIONAL, INC.; HOLLANDER GLASS, INC.; LYNX GOLF, INC.; MICHELMAN, INCORPORATED; NATIONAL STARCH & CHEMICAL; NATIONWIDE PAPERS; REPUBLIC BAG, INC.; STAR BLENDS, INC.; STOODY COMPANY; SYNSOR CORPORATION; TRAVIS INDUSTRIES, INC.; THE VALSPAR CORPORATION; WALTER E. NELSON; WESTERN NEVADA SUPPLY--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF WILLIG FREIGHT LINES, INC. · decision 28928
4. 13 Feb 1998 FD 33501
   FOUND THAT THE TRANSACTION, AS CLARIFIED, QUALIFIES FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 11323-25 AND REOPENED THIS PROCEEDING.

   Entire Board · DOUGLAS M. HEAD, KENT P. SHOEMAKER, AND CHARLES H. CLAY--CONTINUANCE IN CONTROL EXEMPTION--RUTLAND LINE, INC. · decision 28905
5. 13 Feb 1998 FD 33514
   DENIED NY-UTU'S PETITION TO REJECT, REVOKE, AND /OR STAY.

   Entire Board · BUFFALO & PITTSBURGH RAILROAD, INC.--TRACKAGE RIGHTS EXEMPTION--CONSOLIDATED RAIL CORPORATION · decision 28855
6. 13 Feb 1998 AB 55 (Sub-No. 554X)
   DENIED JCC'S REQUEST FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE/RAIL BANKING AND FOR ISSUANCE OF A PUBLIC USE CONDITION.

   Director Of Proceedings · CSX TRANSPORTATION INC.--ABANDONMENT EXEMPTION--IN JASPER COUNTY, SC AND CHATHAM COUNTY, GA. · decision 28830
7. 12 Feb 1998 NOR 42022
   DETERMINED THAT CERTAIN DISCOVERY MATTERS WOULD BE REFERRED TO AN ALJ FOR RESOLUTION. THESE MATTERS ARE ASSIGNED TO JUDGE JOSEPH NACY OF THE FERC.

   Secretary · FMC WYOMING CORPORATION AND FMC CORPORATION V. UNION PACIFIC RAILROAD COMPANY · decision 28924
8. 12 Feb 1998 AB 290 (Sub-No. 190X)
   (1) FOUND THAT UNDER 49 U.S.C. 10502, EXEMPTS THIS PROCEEDING FROM THE REQUIREMENTS OF 49 U.S.C. 10904(E); (2) GRANTED RELIEF FROM THE RELATED REGULATORY REQUIREMENTS AT 49 CFR 1152.27(G); AND (3) EXTENDED THE DEADLINE TO MARCH 11, 1998, FOR PARTIES TO REACH AN AGREEMENT OR FOR A PARTY TO REQUEST TO ESTABLISH THE CONDITIONS AND AMOUNT OF COMPENSATION.

   Entire Board · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FAYETTE COUNTY, AL · decision 28923
9. 12 Feb 1998 AB 502 (Sub-No. 1X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · BOOTHEEL REGIONAL RAIL CORPORATION -- DISCONTINUANCE EXEMPTION -- IN PEMISCOT AND DUNKLIN COUNTIES, MISSOURI · also entered in AB 503 (Sub-No. 1X) · decision 28888
10. 12 Feb 1998 AB 290 (Sub-No. 184X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · NORFOLK AND WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN CINCINNATI, HAMILTON COUNTY, OH · decision 28887
11. 12 Feb 1998 AB 31 (Sub-No. 30)
    GRANTED NW'S PETITION FOR WAIVER.

    Director Of Proceedings · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ADVERSE DISCONTINUANCE OF TRACKAGE RIGHTS APPLICATION--A LINE OF NORFOLK AND WESTERN RAILWAY COMPANY IN CINCINNATI, HAMILTON COUNTY, OH · decision 28885
12. 12 Feb 1998 AB 31 (Sub-No. 30)
    NOTICE OF DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ADVERSE DISCONTINUANCE OF TRACKAGE RIGHTS APPLICATION--A LINE OF NORFOLK AND WESTERN RAILWAY COMPANY IN CINCINNATI, HAMILTON COUNTY, OH · decision 28883
13. 12 Feb 1998 AB 167 (Sub-No. 1180X)
    NOTICE OF DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION-DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION-CINCINNATI HAMILTON COUNTY OHIO · decision 28882
14. 12 Feb 1998 AB 532-X
    NOTICE OF DISCONTINUANCE OF SERVICE EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · CINCINNATI TERMINAL RAILWAY COMPANY-ABANDONMENT-CINCINNATI HAMILTON COUNTY OHIO · decision 28880
15. 12 Feb 1998 MCF 20912
    APPROVED AND AUTHORIZED THE PROPOSED OPERATIONS AND REVENUE POOLING AGREEMENT BETWEEN PETER PAN AND GREYHOUND TO FOSTER IMPROVED SERVICE TO THE PUBLIC AND ECONOMY OF OPERATION, AND WILL NOT UNREASONABLY RESTRAIN COMPETITION.

    Entire Board · PETER PAN BUS LINES, INC.--POOLING--GREYHOUND LINES, INC. · decision 28725
16. 11 Feb 1998 FD 32760
    NOTICE TO THE PARTIES: FINAL MITIGATION PLAN FOR RENO, NV.

    Chief Of Section Of Environmental Analysis · 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 UP-SP MERGER · decision 28921
17. 11 Feb 1998 NOM 42019
    GRANTED PETITIONER'S REQUEST TO DISMISS THIS PROCEEDING.

    Secretary · GUITTARD CHOCOLATE COMPANY--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF WILLIG FREIGHT LINES, INC. · decision 28917
18. 11 Feb 1998 FD 32760 (Sub-No. 25)
    (1) REQUIRED THAT UP AND BMWE SUBMIT SUPPLEMENTAL STATEMENTS ADDRESSING OUR CONCERNS BY 3/3/98, AND EACH SHALL SERVE A COPY OF ITS STATEMENT ON THE OTHER; (2) UP MUST ALSO PROVIDE A COPY OF ITS COLLECTIVE BARGAINING AGREEMENT WITH BMWE FOR UP-PROPER; (3) BMWE MUST ALSO PROVIDE A COPY OF ITS COORDINATING AGREEMENT FOR UP OPERATIONS OVER WP; AND (4) BOTH PARITES MAY FILE RESPONSES BY 3/13/98.

    Entire Board · 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 28801
19. 10 Feb 1998 FD 28676 (Sub-No. 4)
    GRANTED UTU'S EXTENTION REQUEST TO FILE AN APPEAL UNTIL MARCH 2, 1998.

    Secretary · GRAND TRUNK WESTERN RAILROAD--CONTROL--DETROIT, TOLEDO AND IRONTON RAILROAD COMPANY AND DETROIT AND TOLEDO SHORE LINE RAILROAD COMPANY (ARBITRATION REVIEW) · decision 28927
20. 10 Feb 1998 AB 312 (Sub-No. 2X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · SOUTH CAROLINA CENTRAL RAILROAD COMPANY, INC., D/B/A CAROLINA PIEDMONT DIVISION--ABANDONMENT EXEMPTION--GREENVILLE COUNTY, SC · decision 28739
21. 9 Feb 1998 NOM 42020
    GRANTED PETITIONERS REQUEST FOR PER LETTER DATED 2/3/98 SUBMITTING A COPY OF THE REFERRING COURT'S 1/23/98, STIPULATED ORDER FOR DISMISSAL DISMISSING THE UNDERLYING COURT PROCEEDING WITH PREJUDICE.

    Secretary · IDENTITY SERVICES, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF WILLIG FREIGHT LINES, INC. · decision 28858
22. 9 Feb 1998 NOM 41639
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY WARE FROM POLYCLAD WOULD BE AN UNREASONABLE PRACTICE UNDER SECTION 2(E) OF THE NRA, AND DISCONTINUED THIS PROCEEDING.

    Entire Board · POLYCLAD LAMINATES, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF J.H. WARE TRUCKING, INC. · decision 28841
23. 9 Feb 1998 EP 568
    DENIED A PETITION FILED 10/8/97 BY UTU-IL FOR RECONSIDERATION OF A DECISION SERVED 9/18/97.

    Entire Board · MODIFICATIONS TO THE GENERAL PROVISIONS OF THE BOARD · decision 28833