Week of 23 Feb 1998

Decisions served

1. 27 Feb 1998 AB 459 (Sub-No. 2X)
   DENIED CIND'S MOTION FOR AN ORDER DENYING DISCOVERY REQUESTS.

   Secretary · CENTRAL RAILROAD COMPANY OF INDIANA--ABANDONMENT EXEMPTION--IN DEARBORN, DECATUR, FRANKLIN, RIPLEY, AND SHELBY COUNTIES, IN · decision 28980
2. 27 Feb 1998 FD 33388
   INCLUDED NEW INFORMATION TO THE DRAFT EIS REGARDING 12 RAIL LINE SEGMENTS THAT MAY WARRANT NOISE MITIGATION AND PROVIDED AN ADDITIONAL 45-DAY COMMENTS PERIOD FOR AFFECTED PARTIES TO SUBMIT WRITTEN COMMENTS.

   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 28978
3. 27 Feb 1998 AB 468 (Sub-No. 2X)
   EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO 3/22/98.

   Director Of Proceedings · PADUCAH & LOUISVILLE RAILWAY, INC.--ABANDONMENT EXEMPTION--IN WHITE PLAINS AND ST. CHARLES, KY · decision 28969
4. 27 Feb 1998 FD 33554
   NOTICE OF CORPORATE FAMILY TRANSACTION EXEMPTION.

   Director Of Proceedings · TWIN CITIES & WESTERN RAILROAD COMPANY--CORPORATE FAMILY TRANSACTION EXEMPTION--MINNESOTA RIVER BRIDGE COMPANY · decision 28963
5. 27 Feb 1998 MCF 20916
   TENTATIVELY APPROVED, SUBJECT TO OPPOSING COMMENTS, THE CONTROL BY APPLICANTS OF FIVE ADDITIONAL MOTOR PASSENGER CARRIERS.

   Entire Board · COACH USA, INC., AND COACH XXIII ACQUISITION,INC.--CONTROL--AMERICOACH TOURS, LTD.; KEESHIN CHARTER SERVICES, INC.; KEESHIN TRANSPORTATION, L. P.; NIAGARA SCENIC BUS LINES, INC.; AND PAWTUXET VALLEY BUS LINES · decision 28910
6. 27 Feb 1998 NOM 41932
   FOUND THAT THE COLLECTION OF UNDERCHARGES SOUGHT BY INDUSTRIAL AGAINST PETITIONERS WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 13711, AND DISCONTINUED THIS PROCEEDING.

   Entire Board · ACORN SUPPLY COMPANY INC; ANDERSON MOULDS, INC.; AQUA TREAT CHEMICALS, INC.; THE FLECTO COMPANY, INC.; FLORAL SUPPLY SYNDICATE, INC.; GEORGIA PACIFIC CORP.; GRUNER & JAHR PRINTING AND PUBLISHING COMPANY D/B/A FIRST WESTERN GRAPHICS; HERSHEY FOODS CORPORATION; HIGHLAND SUPPLY CORPORATION; LEVI STRAUSS & CO., INC.; THE MEAD CORP.; THE MUSICLAND GROUP, INC.; SHINODA DESIGN CENTER; SUNSHINE BISCUITS, INC.; AND WHIRLPOOL CORPORATION-PETITION FOR DECLARATORY ORDER-CERTAIN RATES AND PRACTICES OF INDUSTRIAL FREIGHT SYSTEM, INC. AND ITS CORONA TRUCKING DIVISION · decision 28907
7. 27 Feb 1998 AB 477 (Sub-No. 2X)
   DENIED A PETITION TO REOPEN FILED 1/12/98 BY THE FARM BUREAU.

   Entire Board · OWENSVILLE TERMINAL COMPANY, INC.--ABANDONMENT EXEMPTION--IN GIBSON AND POSEY COUNTIES, IN · decision 28837
8. 27 Feb 1998 MCF 20915
   INVITED COMMENTS ON A PROPOSED COORDINATED SERVICE AND REVENUE POOLING AGREEMENT BETWEEN SUBURBAN AND AMERICAN.

   Entire Board · SUBURBAN TRANSIT CORP., ET AL.--POOLING--AMERICAN LIMOUSINE SERVICE, INC. · decision 28802
9. 27 Feb 1998 AB 535-X
   GRANTED FRIEND'S REQUEST TO WITHDRAW ITS REQUEST FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE/RAIL BANKING AND FOR ISSUANCE OF A PUBLIC USE CONDITION.

   Director Of Proceedings · WEST CENTRAL OHIO PORT AUTHORITY--ABANDONMENT EXEMPTION--IN CLARK COUNTY, OH · decision 28760
10. 26 Feb 1998 EP 573
    NOTICE TO THE PARTIES CORRECTING THE WRONG YEAR STATED IN A DECISION SERVED 2/25/98.

    Secretary · RAIL SERVICE IN THE WESTERN UNITED STATES · also entered in SO 1518 · decision 28989
11. 26 Feb 1998 NOM 40988
    GRANTED COMPLAINANTS' REQUEST TO DISMISS THESE PROCEEDINGS.

    Secretary · LOUISIANA PACIFIC CORPORATION V. LANGDON M. COOPER, TRUSTEE IN BANKRUPTCY FOR BULLDOG TRUCKING, INC. F/D/B/A BULLDOG TRUCKING OF GEORGIA, INC. · also entered in NOM 41076, NOM 41077 · decision 28977
12. 26 Feb 1998 EP 575
    NOTICE TO THE PARTIES CORRECTING THE DECIDED DATE FOR A DECISION SERVED ON 2/20/98.

    Secretary · REVIEW OF RAIL ACCESS AND COMPETITION ISSUES RENEWED PETITION OF THE WESTERN COAL TRAFFIC LEAGUE · decision 28976
13. 26 Feb 1998 FD 33556
    GRANTED THE PETITION FOR A PROTECTIVE ORDER AND THE PARTIES MUST COMPLY WITH THE PROTECTIVE ORDER IN THE APPENDIX OF THIS DECISION.

    Secretary · CANADIAN NATIONAL RAILWAY COMPANY, GRAND TRUNK CORPORATION AND GRAND TRUNK WESTERN RAILROAD INCORPORATED--CONTROL--ILLINOIS CENTRAL CORPORATION, ILLINOIS CENTRAL RAILROAD COMPANY, CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY, AND CEDAR RIVER RAILROAD COMPANY · decision 28962
14. 26 Feb 1998 FD 33398 (Sub-No. 1)
    ACCEPTED THE REQUEST FOR ISSUANCE OF A NITU UNDER 49 U.S.C. 1247(D)

    Director Of Proceedings · SAMMAMISH TRANSPORTATION COMPANY -NOTICE OF INTERIM TRAIL USE AND TERMINATION OF MODIFIED CERTIFICATE · decision 28948
15. 25 Feb 1998 NOR 42012
    SUSPENDED THE DATE FOR THE COMPLETION OF THE MARKET DOMINANCE-RELATED DISCOVERY UNTIL FURTHER ORDER.

    Secretary · SIERRA PACIFIC POWER COMPANY AND IDAHO POWER COMPANY V. UNION PACIFIC RAILROAD COMPANY · decision 28985
16. 25 Feb 1998 EP 573
    EXTENDED THE SERVICE ORDER UNTIL 8/2/98.

    Entire Board · RAIL SERVICE IN THE WESTERN UNITED STATES · also entered in SO 1518 · decision 28982
17. 25 Feb 1998 AB 55 (Sub-No. 521X)
    REJECTED CSXT'S LETTERS DATED 1/26/98 IN STB DOCKET NOS. AB-55 SUB 521X AND AB-55 SUB 555X.

    Secretary · CSX TRANSPORTATION INC-ABANDONMENT-FULTON COUNTY GEORGIA · also entered in AB 55 (Sub-No. 555X) · decision 28881
18. 25 Feb 1998 AB 477 (Sub-No. 3X)
    EXEMPTED FROM THE PRIOR APPROVAL REQUIREMENTS THE ABANDONMENT BY OTC OF 22.5-MILES OF RAILROAD IN EDWARDS AND WHITE COUNTIES, IL, AND GIBSON AND POSEY COUNTIES, IN, SUBJECT TO CERTAIN CONDITIONS, AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Entire Board · OWENSVILLE TERMINAL COMPANY, INC.--ABANDONMENT EXEMPTION--IN EDWARDS AND WHITE COUNTIES, IL, AND GIBSON AND POSEY COUNTIES, IN · decision 28791
19. 24 Feb 1998 NOR 42022
    SCHEDULE FOR CONFERENCE TO CONSIDER PLEADINGS AND TO HEAR ORAL ARGUMENT.

    Administrative Law Judge · FMC WYOMING CORPORATION AND FMC CORPORATION V. UNION PACIFIC RAILROAD COMPANY · decision 28968
20. 24 Feb 1998 NOM 41933
    FOUND THAT THE COLLECTION OF UNDERCHARGES SOUGHT BY INDUSTRIAL AGAINST PETITIONER WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.SC. 13711, AND DISCONTINUED THIS PROCEEDING.

    Entire Board · NEWTON BUYING CORP.-PETITION FOR DECLARATORY ORDER-CERTAIN RATES AND PRACTICES OF INDUSTRIAL FREIGHT SYSTEMS, INC. AND ITS CORONA DIVISION · decision 28908
21. 24 Feb 1998 NOM 41934
    FOUND THAT THE COLLECTION OF UNDERCHARGES SOUGHT BY INDUSTRIAL AGAINST PETITIONER WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 13711, AND DISCONTINUES THIS PROCEEDING

    Entire Board · RUBBERMAID INCORPORATED; RUBBERMAID OFFICE PRODUCTS, INC.; THE LITTLE TIKES COMPANY; AND JAMES RIVER PAPER COMPANY, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF INDUSTRIAL FREIGHT SYSTEMS, INC. AND ITS CORONA TRUCKING DIVISION · decision 28906
22. 24 Feb 1998 AB 493 (Sub-No. 6X)
    GRANTED TRACK TECH AN EXEMPTION TO ABANDON A LINE OF RAILROAD BETWEEN MILEPOST 351.15 AND MILEPOST 357.40, A DISTANCE OF 6.25 MILES IN LUBBOCK COUNTY, TX.

    Entire Board · TRACK TECH, INC.--ABANDONMENT EXEMPTION--IN LUBBOCK COUNTY, TX · decision 28845
23. 24 Feb 1998 AB 493 (Sub-No. 4X)
    GRANTED A PETITION FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR TRACK TO ABANDON A LINE OF RAILROAD BETWEEN MINOT, ND (MILEPOST 4.00), AND TATMAN, ND (MILEPOST 16.70).

    Entire Board · TRACK TECH, INC.--ABANDONMENT EXEMPTION--IN WARD COUNTY, ND · decision 28844
24. 24 Feb 1998 AB 493 (Sub-No. 3X)
    GRANTED A PETITION FOR EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 FOR TRACK TECH TO ABANDONED A LINE OF RAILROAD BETWEEN HAMAR, ND MILEPOST 98.0 AND WARWICK, ND MILEPOST 103.92.

    Entire Board · TRACK TECH, INC.--ABANDONMENT EXEMPTION--IN EDDY COUNTY, ND · decision 28843
25. 24 Feb 1998 FD 32766
    DENIED A PETITION FILED 11/3/97 BY FITZGERALD FOR RECONSIDERATION OF A 10/15/97 DECISION.

    Entire Board · PORTLAND & WESTERN RAILROAD, INC.--LEASE AND OPERATION EXEMPTION--LINES OF BURLINGTON NORTHERN RAILROAD COMPANY · decision 28761
26. 24 Feb 1998 FD 33529
    GRANTED A MOTION FILED BY THE CITY TO DISMISS THE NOTICE OF EXEMPTION FOR LACK OF JURISDICTION.

    Entire Board · CITY OF CHARLOTTE, NORTH CAROLINA--ACQUISITION EXEMPTION--CERTAIN ASSETS OF THE NORTH CAROLINA RAILROAD COMPANY · decision 28744
27. 24 Feb 1998 FD 33471
    GRANTED UNDER U.S.C. 13541 THE EXEMPTION FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 14303(A)(5) THE ACQUISITION OF CONTROL BY COACH OF AIR TRAVEL, AIRLINES AND LENZER .

    Entire Board · COACH USA, INC.--CONTROL EXEMPTION--AIR TRAVEL TRANSPORTATION, INC.; AIRLINES ACQUISITION CO., INC.; AND TRANSPORTATION MANAGEMENT SERVICES, INC. · decision 28557
28. 23 Feb 1998 FD 33388
    DENIED THE EJE-18/IMRL-7/WC-17 APPEAL FROM JUDGE LEVENTHAL'S DISCOVERY DECISION.

    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 28952
29. 23 Feb 1998 NOM 41634
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY WARE AGAINST NATIONAL BEEF WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 13711, AND DISCONTINUED THIS PROCEEDING.

    Entire Board · NATIONAL BEEF PACKING COMPANY, LP--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF J.H. WARE TRUCKING, INC. · decision 28852