Week of 27 Jul 1998

Decisions served

1. 31 Jul 1998 EP 573
   (1) CONTINUED THE EX PARTE NO. 573 PROCEEDING, (2) ORDERED UP AND BNSF TO PROVIDE BI-WEEKLY REPORTS ACCORDING TO THE TERMS SET FORTH IN THIS DECISION, (3) AUTHORIZED TEX MEX, UNTIL 9/17/98 TO CONTINUE PROVIDING THE TYPE OF SERVICE AUTHORIZED IN THE SERVICE ORDER NO. 1518 PROCEEDING, (4) DIRECTED UP, UNTIL 9/17/98 TO CONTINUE TO RELEASE HOUSTON SHIPPERS THAT ARE SWITCHED BY HOUSTON BELT TERMINAL RAILROAD AND THE PORT TERMINAL RAILROAD ASSOCIATION FROM THEIR CONTRACTS SO THAT THEY CAN BE SERVED BY TEX MEX AND BNSF, (5) DENIED THE PETITIONS FILED BY THE SPI PETITIONERS AND ENTERGY, AND (6) DEFERRED ACTION ON SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY'S REQUEST AT THIS TIME.

   Entire Board · RAIL SERVICE IN THE WESTERN UNITED STATES · also entered in FD 32760, SO 1518 (Sub-No. 1) · decision 29490
2. 31 Jul 1998 AB 167 (Sub-No. 1182X)
   (1) ISSUED A NOTICE OF INTERIM TRAIL USE, (2) IMPOSED A PUBLIC USE CONDITION FOR A PERIOD OF 180 DAYS FROM THE EFFECTIVE DATE OF THE EXEMPTION, AND (3) VACATED THE DECISION SERVED JUNE 15, 1998.

   Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN INDIANA COUNTY, PA · decision 29469
3. 31 Jul 1998 EP 573
   DENIED CEMEX'S REQUEST FOR EMERGENCY SERVICE RELIEF.

   Entire Board · RAIL SERVICE IN THE WESTERN UNITED STATES · also entered in SO 1518 · decision 29460
4. 31 Jul 1998 AB 55 (Sub-No. 564X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · CSX TRANSPORTATION INC -- ABANDONMENT IN WASHINGTON COUNTY, ILLINOIS · decision 29456
5. 31 Jul 1998 AB 354 (Sub-No. 2X)
   GRANTED BCS'S MOTIONS FOR PROTECTIVE ORDER.

   Secretary · ROCHESTER & SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--CATTARAUGUS COUNTY, NY · decision 29438
6. 31 Jul 1998 FD 33636
   NOTICE OF TRACKAGE RIGHTS EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · BADWATERLINE-TRACKAGE RIGHTS-BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 29437
7. 31 Jul 1998 AB 57 (Sub-No. 45X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · SOO LINE RAILROAD COMPANY-- ABANDONMENT EXEMPTION-- IN DAKOTA COUNTY, MN · decision 29396
8. 31 Jul 1998 AB 354 (Sub-No. 2X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · ROCHESTER & SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--CATTARAUGUS COUNTY, NY · decision 29304
9. 31 Jul 1998 NOM 41287
   FOUND THAT MARMON HAS FAILED TO ESTABLISH THAT THE RATES CHARGED BY THE DEFENDANT MOTOR CARRIERS FOR THE TRANSPORTATION OF WELL LAMONT'S TRAFFIC WERE UNREASONABLE AND DISCONTINUED THIS PROCEEDING.

   Entire Board · MARMON HOLDINGS, INC.--PETITION FOR DECLARATORY ORDER--RATES AND PRACTICES OF CERTAIN LTL MOTOR CARRIERS · decision 28071
10. 30 Jul 1998 AB 167 (Sub-No. 1183X)
    FOUND NO SIGNIFICANT IMPACT UNDER 49 CFR 1105.10(G) WILL BE MADE PURSUANT TO 49 CFR 1011.8(C)(10).

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION -- ABANDONMENT EXEMPTION -- IN PHILADELPHIA COUNTY, PENNSYLVANIA · decision 29452
11. 30 Jul 1998 AB 32 (Sub-No. 84X)
    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 · BOSTON AND MAINE CORPORATION --ABANDONMENT AND DISCONTINUANCE OF SERVICE-- NEW HAVEN COUNTY (WATERBURY) CT. · decision 29451
12. 30 Jul 1998 FD 33631 (Sub-No. 1)
    GRANTED UP'S REQUEST THAT THE BOARD PERMIT THE TRACKAGE RIGHTS ARRANGEMENT EXEMPTED IN STB FINANCE DOCKET NO. 33631 TO EXTEND ONLY UNTIL JULY 31, 1998.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 29427
13. 30 Jul 1998 FD 33601
    FOUND THAT THE TRACKS DESCRIBED IN GTW'S PETITION ARE EXEMPT SPUR, INDUSTRIAL, TEAM, SWITCHING, OR SIDE TRACKS UNDER 49 U.S.C. 10906.

    Entire Board · GRAND TRUNK WESTERN RAILROAD INCORPORATED--PETITION FOR DECLARATORY ORDER--SPUR, INDUSTRIAL, TEAM, SWITCHING OR SIDE TRACKS IN DETROIT, MI · decision 29258
14. 29 Jul 1998 FD 30186 (Sub-No. 3)
    NOTICE TO THE PARTIES ISSUING COMPILED SERVICE LIST FROM NOTICES OF INTENT TO PARTICIPATE; OPENING COMMENTS MUST BE FILED BY 9/16/98 AND REPLY COMMENTS MUST BE FILED BY 11/2/98.

    Secretary · TONGUE RIVER RAILROAD COMPANY, INC.--CONSTRUCTION AND OPERATION--WESTERN ALIGNMENT · decision 29484
15. 29 Jul 1998 NOM 42029
    GRANTED COMPLAINANT'S REQUEST TO DISMISS THIS PROCEEDING.

    Secretary · RO-MAR TRANSPORTATION SYSTEMS, INC.- V- CAROLINA FREIGHT CARRIERS · decision 29472
16. 29 Jul 1998 AB 33 (Sub-No. 123X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY -- ABANDONMENT EXEMPTION -- IN BUTLER COUNTY, IA · decision 29432
17. 29 Jul 1998 AB 83 (Sub-No. 16X)
    (1) REOPENED THIS PROCEEDING; AND (2) RECOMMENDED THAT A CONDITION BE IMPOSED REQUIRING MEC TO CONSULT WITH THE NGS AND PROVIDE NGS WITH 90 DAYS' NOTICE PRIOR TO DISTURBING OR DESTROYING ANY GEODETIC MARKERS.

    Director Of Proceedings · MAINE CENTRAL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ANDROSCOGGIN COUNTY, ME · decision 29400
18. 27 Jul 1998 AB 494-X
    REOPENED THIS PROCEEDING AND MODIFIED TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS PROCEEDING.

    Director Of Proceedings · AKRON BARBERTON CLUSTER RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN SUMMIT COUNTY, OH · decision 29453
19. 27 Jul 1998 EP 574
    INSTRUCTED THE STB STAFF TO WORK WITH THE STAFF OF DOT/FRA TO DEVELOP A JOINT NOTICE OF PROPOSED RULEMAKING TO ADDRESS THE ISSUES THAT HAVE RISEN IN THIS PROCEEDING AND ARE OF CONCERN TO D0T/FRA AND TO SUBMIT THE PROPOSED NOTICE FOR OUR EVALUATION AND APPROVAL PRIOR TO GOING FORWARD WITH PUBLICATION.

    Entire Board · SAFE IMPLEMENTATION OF BOARD-APPROVED TRANSACTIONS · decision 29431