Week of 15 Jun 1998

Decisions served

1. 19 Jun 1998 EP 575
   A SUMMARY OF THE CONTINUED CONFERENCE HELD ON JUNE 18, 1998, UNDER THE SUPERVISION OF AN ADMINISTRATIVE LAW JUDGE.

   Administrative Law Judge · REVIEW OF RAIL ACCESS AND COMPETITION ISSUES RENEWED PETITION OF THE WESTERN COAL TRAFFIC LEAGUE · decision 29367
2. 19 Jun 1998 FD 33388
   DENIED W&LE'S REQUEST TO CLARIFY THE CONDITIONS ADOPTED AT THE JUNE 8, 1998 VOTING CONFERENCE, AND REQUESTED ALL PARTIES TO WAIT ON THE WRITTEN DECISION SCHEDULED TO BE SERVED ON 7/23/98, BEFORE SEEKING CLARIFICATION OR OTHER FORMS OF APPELLATE RELIEF.

   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 29359
3. 19 Jun 1998 EP 290 (Sub-No. 5)
   APPROVED THE THIRD QUARTER 1998 RCAF (UNADJUSTED) OF 0.998, RCAF (ADJUSTED) OF 0.629, AND THE NEW RCAF-5 OF 0.626 AS SUBMITTED BY THE AAR.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 29325
4. 19 Jun 1998 AB 369 (Sub-No. 3X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · BUFFALO & PITTSBURGH RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ERIE AND CATTARAUGUS COUNTIES, NY · decision 29308
5. 19 Jun 1998 AB 354 (Sub-No. 2X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · ROCHESTER & SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--CATTARAUGUS COUNTY, NY · decision 29306
6. 19 Jun 1998 FD 33606
   NOTICE OF ACQUISITION AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · MINNESOTA COMMERCIAL RAILWAY COMPANY -- ACQUISITION AND OPERATION EXEMPTION-- CERTAINS LINES OFTHE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 29263
7. 19 Jun 1998 MCF 20921
   GRANTED AN APPLICATION FILED UNDER 49 U.S.C. 14303 BY COACH USA, INC., TO ACQUIRE CONTROL OF NINE ADDITIONAL MOTOR PASSENGER CARRIERS, SUBJECT TO PUBLIC COMMENTS.

   Entire Board · COACH USA, INC.--CONTROL--BLUE BIRD COACH LINES, INC.; BUTLER MOTOR TRANSIT, INC.; GAD-ABOUT TOURS, INC.; P&S TRANSPORTATION, INC.; PITTSBURGH TRANSPORTATION CHARTER SERVICES, INC.; SYRACUSE AND OSWEGO COACH LINES, INC.; TIPPETT TRAVEL, INC., D/B/A MARIE'S CHARTER BUS LINES; TUCKER TRANSPORTATION CO., INC.; AND UTICA-ROME BUS CO., INC. · decision 29248
8. 18 Jun 1998 FD 33604 (Sub-No. 1)
   NOTICE OF OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · SOUTHERN SWITCHING COMPANY--OPERATION EXEMPTION--LONE STAR RAILROAD, INC. · decision 29343
9. 18 Jun 1998 FD 33604
   NOTICE OF AN ACQUISITION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · LONE STAR RAILROAD, INC. --ACQUISITION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 29342
10. 18 Jun 1998 AB 494-X
    REOPENED THIS PROCEEDING SUBJECT TO CONDITIONS THAT ABCR SHALL; (1) CONSULT WITH THE NGS AND PROVIDE NGS WITH 90 DAYS' NOTICE PRIOR TO DISTURBING OR DESTROYING ANY GEODETIC MARKERS; AND (2) CONSULT WITH THE OHIO EPA PRIOR TO CONDUCTING SALVAGE OPERATIONS AND, TAKE APPROPRIATE MEASURES TO PREVENT OR CONTROL SPILLS FROM FUELS, LUBRICANTS, OR ANY OTHER POLLUTANTS FROM ENTERING ANY WATERCOURSES.

    Director Of Proceedings · AKRON BARBERTON CLUSTER RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SUMMIT COUNTY, OH · decision 29311
11. 18 Jun 1998 AB 540-X
    REJECTED THE NOTICE OF EXEMPTION FILED BY FTC FOR LACK OF JURISDICTION OVER THE PROPERTY.

    Director Of Proceedings · THE FOREST TRANSIT COMMISSION--ABANDONMENT EXEMPTION--IN FOREST AND FLORENCE COUNTIES, WI · decision 29296
12. 18 Jun 1998 FD 33605
    NOTICE OF ACQUISITION AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · J K LINES INC -- ACQUISITION EXEMPTION -- LINE OF BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 29282
13. 18 Jun 1998 FD 32662
    DENIED BLE'S AND UTS'S PETITIONS TO REVOKE THE NOTICE OF EXEMPTION IN THIS PROCEEDING.

    Entire Board · CONSOLIDATED RAIL CORPORATION--TRACKAGE RIGHTS EXEMPTION--MISSOURI PACIFIC RAILROAD COMPANY · decision 29252
14. 18 Jun 1998 NOR 41989
    GRANTED PEPCO'S REQUEST AND DISMISSED THIS COMPLAINT WITHOUT PREJUDICE, AND DISCONTINUED THIS PROCEEDING.

    Secretary · POTOMAC ELECTRIC POWER COMPANY V. CSX TRANSPORTATION, INC. · decision 21499
15. 17 Jun 1998 AB 303 (Sub-No. 17X)
    EXTENDED MDNR'S REQUEST TO EXTEND THE NEGOTIATION PERIOD UNDER THE NITU FOR AN ADDITIONAL 180 DAYS.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN MARQUETTE AND ALGER COUNTIES, MI · decision 29330
16. 17 Jun 1998 AB 33 (Sub-No. 117X)
    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 LAKE COUNTY, CO · decision 29247
17. 17 Jun 1998 AB 541-X
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · PORTLAND & WESTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN WASHINGTON COUNTY, OR · decision 29138
18. 17 Jun 1998 FD 33420
    (1) CONCLUDED THAT THE ALLEGED VIOLATIONS OF MUNICIPAL STATUTES AND THE FEDERAL RICO STATUTE THAT WERE BROUGHT BEFORE THE LOWER COURT DOES NOT COME WITHIN THE BOARD'S JURISDICTION; AND (2) DENIES THE PETITION FOR DECLARATORY ORDER FILED BY PETITIONERS.

    Entire Board · RICHARD D. ROBEY, JUNIATA VALLEY RAILROAD COMPANY, ET AL.--PETITION FOR DECLARATORY ORDER--ALLEN J. LEVIN AND LEWISTOWN CENTRAL RAILROAD COMPANY · decision 28911
19. 16 Jun 1998 EP 628
    NOTICE TO THE PARTIES REVISING THE SERVICE LIST SERVED ON JUNE 9, 1998; OPENING COMMENTS WERE DUE JUNE 15, 1998 AND REPLY COMMENTS ARE DUE JULY 15, 1998.

    Secretary · EXPEDITED RELIEF FOR SERVICE INADEQUACIES · decision 29352
20. 16 Jun 1998 FD 33599
    NOTICE OF TRACKAGE RIGHTS EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--TRACKAGE RIGHTS EXEMPTION--DELAWARE AND HUDSON RAILWAY COMPANY, INC. · decision 29327
21. 16 Jun 1998 FD 33602
    NOTICE OF CONTROL EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · BETHELEHEM STEEL CORPORATION--CONTROL EXEMPTION--BRANDYWINE VALLEY RAILROAD CORPORATION AND UPPER MERION AND PLYMOUTH RAILROAD COMPANY · decision 29324
22. 16 Jun 1998 FD 31700 (Sub-No. 13)
    GRANTED TRAIN DISPATCHERS' STAY REQUEST AND THE EFFECTIVENESS OF THE ARBITRAL AWARDS AND ORDERS OF OCTOBER 13, 1997, AND MAY 20, 1998, IS STAYED PENDING FURTHER BOARD ACTION.

    Commissioner · CANADIAN PACIFIC LIMITED, ET AL.--PURCHASE AND TRACKAGE RIGHTS--DELAWARE & HUDSON RAILWAY COMPANY (ARBITRATION REVIEW) · decision 29320
23. 15 Jun 1998 AB 167 (Sub-No. 1182X)
    POSTPONE THE EFFECTIVE DATE OF THE EXEMPTION AUTHORIZING ABANDONMENT OF THE LINE IN ORDER TO PERMIT THE OFA PROCESS TO PROCEED.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN INDIANA COUNTY, PA · decision 29340
24. 15 Jun 1998 NOM 42016
    GRANTED CERTAIN PETITIONERS' REQUEST TO DISMISS AND REMOVE THEIR NAMES FROM THIS PROCEEDING.

    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 29329
25. 15 Jun 1998 AB 397 (Sub-No. 1X)
    (1) PARTIALLY VACATED THE DECISION AND NOTICE OF INTERIM TRAIL USE SERVED 12/19/77, AND (2) PERMITTED THE CITY TO REMAIN AS TRAIL USER AND TVR TO ABANDON THE SEGMENT FOR WHICH THE NITU HAS BEEN VACATED.

    Director Of Proceedings · TULARE VALLEY RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN KINGS AND TULARE COUNTIES, CA · also entered in AB 397 (Sub-No. 4X) · decision 29188