Week of 3 Aug 1998

Decisions served

1. 7 Aug 1998 AB 55 (Sub-No. 547X)
   GRANTED THE MICHIGAN DEPT. OF NATURAL RESOURCES' REQUEST TO EXTEND THE NITU NEGOTIATION PERIOD UNTIL OCTOBER 8, 1998.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MUSKEGON COUNTY, MI · decision 29514
2. 7 Aug 1998 AB 541-X
   NOTICE TO THE PARTIES A DECISION SERVED 8/3/98 INADVERTENTLY REFLECTED THE INCORRECT DECIDED DATE; THE CORRECT DECIDED DATE SHOULD BE JULY 28, 1998.

   Secretary · PORTLAND & WESTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN WASHINGTON COUNTY, OR · decision 29509
3. 7 Aug 1998 FD 33388
   DENIED A MOTION FILED 7/29/98 BY APL LIMITED FOR A 20-DAY EXTENSION OF TIME, UNTIL 9/1/98 TO FILE A PETITION FOR CLARIFICATION AND/OR A PETITION FOR RECONSIDERATION WITH RESPECT TO DECISION NO. 89, SERVED 7/23/98.

   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 29506
4. 7 Aug 1998 AB 167 (Sub-No. 1176X)
   GRANTED THE REQUEST TO EXTEND THE INTERIM TRIAL USE NEGOTIATING PERIOD TO MARCH 17, 1999.

   Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN WICOMICO COUNTY, MD · decision 29496
5. 7 Aug 1998 FD 33407
   AMENDED NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT; AND EXTENSION OF REQUEST FOR COMMENTS ON THE DRAFT EIS SCOPE.

   Chief Of Section Of Environmental Analysis · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 29482
6. 7 Aug 1998 AB 31 (Sub-No. 32X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ABANDONMENT EXEMPTION--IN OAKLAND COUNTY, MI · decision 29465
7. 7 Aug 1998 AB 55 (Sub-No. 564X)
   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 IN WASHINGTON COUNTY, ILLINOIS · decision 29446
8. 7 Aug 1998 MCF 20929
   TENTATIVELY APPROVED, SUBJECT TO OPPOSING COMMENTS, THE APPLICATION OF LAIDLAW, INC., TO ACQUIRE CONTROL OF 10 MOTOR PASSENGER CARRIERS AND TO MERGE 21 MOTOR PASSENGER CARRIERS INTO LAIDLAW TRANSIT, INC., AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Entire Board · LAIDLAW, INC., ET AL.--CONTROL--DAVE TRANSPORTATION SERVICES, ET AL.; MERGER--ALLEGHENY VALLEY TRANSIT INC. ET AL. · decision 29421
9. 7 Aug 1998 FD 33627
   DENIED A PETITION FILED JUNE 19, 1998, BY THE ELKINS CARMEN FOR REVIEW OF AN ARBITRATOR'S DECISION FINDING.

   Entire Board · ELKINS CARMEN--PETITION TO REVIEW ARBITRATION DECISION · decision 29379
10. 7 Aug 1998 AB 55 (Sub-No. 563X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN HARRISON COUNTY, WV · decision 29335
11. 6 Aug 1998 AB 55 (Sub-No. 554X)
    (1) REOPENED THIS PROCEEDING; AND (2) REMOVED THE SECTION 106 HISTORIC PRESERVATION CONDITION IMPOSED IN THE DECEMBER 23, 1997 DECISION.

    Director Of Proceedings · CSX TRANSPORTATION INC.--ABANDONMENT EXEMPTION--IN JASPER COUNTY, SC AND CHATHAM COUNTY, GA. · decision 29499
12. 6 Aug 1998 AB 31 (Sub-No. 35X)
    (1) REOPENED THIS PROCEEDING; (2) DENIED MACOMB COUNTY'S REQUEST FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE; (3) GRANTED THE REQUEST FOR IMPOSITION OF A PUBLIC USE CONDITION; AND (4) SUBJECT TO CERTAIN CONDITIONS STATED HEREIN.

    Director Of Proceedings · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ABANDONMENT EXEMPTION--IN MACOMB COUNTY, MI · decision 29483
13. 6 Aug 1998 FD 28676 (Sub-No. 4)
    DENIED UTU'S APPEAL OF AN ARBITRATION PANEL'S DECISION UPHOLDING GRAND TRUNK'S REFUSAL TO APPLY ATTRITION PROTECTION UNDER THE 1979 AGREEMENT TO CLAIMS FROM TRAINMEN OF THE FORMER DTSL.

    Entire Board · GRAND TRUNK WESTERN RAILROAD--CONTROL--DETROIT, TOLEDO AND IRONTON RAILROAD COMPANY AND DETROIT AND TOLEDO SHORE LINE RAILROAD COMPANY (ARBITRATION REVIEW) · decision 29052
14. 5 Aug 1998 FD 33407
    GRANTED THE JOINT PETITION FOR PROTECTIVE ORDER FILED BY DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION AND THE MID-STATES COALITION FOR PROGRESS AND DIRECTED THE PARTIES TO COMPLY WITH THE PROTECTIVE ORDER IN THE APPENDIX TO THIS DECISION.

    Administrative Law Judge · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 29502
15. 5 Aug 1998 NOR 42027
    GRANTED THE MOTION FOR AN ADDITIONAL EXTENSION OF TIME TO FILE A PROPOSED PROCEDURAL SCHEDULE OR SCHEDULES UNDER 49 CFR 1111.9(A).

    Secretary · NORTHERN INDIANA PUBLIC SERVICE COMPANY V. CONSOLIDATED RAIL CORPORATION · decision 29494
16. 5 Aug 1998 AB 31 (Sub-No. 34X)
    (1) REOPENED THIS PROCEEDING; (2) DENIED THE REQUEST FOR ISSUANCE OF A NOTICE OF INTERIM TRAIL USE; AND (3) GRANTED THE REQUEST FOR IMPOSITION OF A PUBLIC USE CONDITION.

    Director Of Proceedings · GRAND TRUNK WESTERN RAILROAD INCORPORATED --ABANDONMENT EXEMPTION-- RAIL LINE IN PONTIAC, MICHIGAN · decision 29459
17. 5 Aug 1998 AB 33 (Sub-No. 93X)
    GRANTED UPRR'S REQUEST TO EXTEND THE PERIOD FOR NEGOTIATIONS FOR INTERIM USE/RAIL BANKING IN THESE PROCEEDINGS TO AUGUST 8, 1999.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-WHITTIER JUNCTION-COLIMA JUNCTION LINE IN LOS ANGELES COUNTY, CAL. · also entered in AB 33 (Sub-No. 94X), AB 33 (Sub-No. 96), AB 33 (Sub-No. 97X), AB 33 (Sub-No. 98X), AB 33 (Sub-No. 99X), AB 3 (Sub-No. 131), AB 3 (Sub-No. 133X), AB 12 (Sub-No. 184X), AB 12 (Sub-No. 187X) · decision 29457
18. 5 Aug 1998 AB 6 (Sub-No. 380X)
    REJECTED THE OFFER OF FINANCIAL ASSISTANCE SUBMITTED BY REDMOND-ISSAQUAH RAILROAD PRESERVATION ASSOCIATION, AND DEFERRED ACTION ON TRAIL USE REQUESTS FILED BY KING COUNTY, WA, AND THE LAND CONSERVANCY OF SEATTLE AND KING COUNTY.

    Entire Board · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KING COUNTY, WASH. · decision 29298
19. 4 Aug 1998 AB 312 (Sub-No. 2X)
    EXTENDED RTC'S NITU NEGOTIATING PERIOD UNTIL OCTOBER 31, 1998.

    Director Of Proceedings · SOUTH CAROLINA CENTRAL RAILROAD COMPANY, INC., D/B/A CAROLINA PIEDMONT DIVISION--ABANDONMENT EXEMPTION--GREENVILLE COUNTY, SC · decision 29485
20. 4 Aug 1998 FD 32760 (Sub-No. 26)
    NOTICE OF ACCEPTANCE OF REQUESTS FOR ADDITIONAL CONDITIONS TO THE UP/SP MERGER FOR THE HOUSTON, TEXAS/GULF COAST AREA; DECISION NO. 6.

    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 · also entered in FD 32760 (Sub-No. 27), FD 32760 (Sub-No. 28), FD 32760 (Sub-No. 29), FD 32760 (Sub-No. 30), FD 32760 (Sub-No. 31), FD 32760 (Sub-No. 32) · decision 29481
21. 4 Aug 1998 FD 33635
    NOTICE OF ACQUISITION AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · BELLINGHAM INTERNATIONAL RAILROAD LLC -- ACQUISITION AND OPERATION EXEMPTION -- THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 29454
22. 4 Aug 1998 AB 492 (Sub-No. 1X)
    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 · FILLMORE WESTERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FILLMORE, JEFFERSON, SALINE AND THAYER COUNTIES, NE · decision 29447
23. 4 Aug 1998 ISM 35002
    MODIFIED THE DECEMBER 24, 1997 DECISION TO LIMIT THE DISCUSSION TO OUR RATIONALE FOR NOT SUSPENDING AND INVESTIGATING THE PROPOSED AMENDMENT TO THE UNIFORM STRAIGHT BILL OF LADING.

    Entire Board · AMEND THE UNIFORM STRAIGHT BILL OF LADING AND ACCOMPANING CONTRACT TERMS AND CONDITIONS · decision 29443
24. 4 Aug 1998 AB 318 (Sub-No. 4X)
    DENIED THE PETITION FILED 5/26/98 BY ACADIA TO REOPEN AND RECONSIDER THE OCTOBER 24, 1997 DECISION THAT IMPLEMENTED INTERIM TRAIL USE AND RAIL BANKING UNDER 49 CFR 1152.29.

    Entire Board · LOUISIANA AND DELTA RAILROAD, INC.--ABANDONMENT EXEMPTION--IN LAFOURCHE AND ASSUMPTION PARISHES, LA · decision 29357
25. 3 Aug 1998 NOR 41687
    SCHEDULED ORAL ARGUMENT TO BE HEARD ON A MOTION TO COMPEL ON SEPTEMBER 28, 1998, AT 9:00 A.M. IN A HEARING ROOM OF THE FEDERAL ENERGY REGULATORY COMMISSION, 888 FIRST STREET N.E., WASHINGTON, D.C.

    Administrative Law Judge · GRAIN LAND COOP V. CANADIAN PACIFIC LIMITED AND SOO LINE RAILROAD COMPANY D/B/A CP RAIL SYSTEM · decision 29492
26. 3 Aug 1998 AB 541-X
    GRANTED PNWR AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A LINE OF RAILROAD EXTENDING FROM MILEPOST 20.05 TO MILEPOST 21.09, A DISTANCE OF 1.04 MILES AT OR NEAR HILLSBORO, IN WASHINGTON COUNTY, OR, AND ADJUSTED A PROCEDURAL SCHEDULE.

    Entire Board · PORTLAND & WESTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN WASHINGTON COUNTY, OR · decision 29146
27. 3 Aug 1998 AB 402 (Sub-No. 5X)
    GRANTED FVW AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903-05 TO ABANDON A 16.7 MILE OF RAILROAD, KNOWN AS THE LUXEMBURG-KEWAUNEE LINE, EXTENDING FROM MILEPOST 18.9 NEAR LUXEMBURG TO MILEPOST 35.6 AT THE END OF THE LINE NEAR KEWAUNEE, IN KEWAUNEE COUNTY, WI; AND ADJUSTED A PROCEDURAL SCHEDULE.

    Entire Board · FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN KEWAUNEE COUNTY, WI · decision 29133