Week of 21 Sep 1998

Decisions served

1. 25 Sep 1998 FD 29430 (Sub-No. 20)
   (1) DENIED THE MOTION FOR ORAL ARGUMENT FILED BY RLEA, AND (2) AFFIRMED THE ORDERS ENTERED BY THE ICC IN FD-28905 SUB NO. 22 AND FD-29430-20 SERVED IN 1988, AFFIRMING IN ONE CASE AND AFFIRMING IN PART AND REVERSING IN PART IN THE OTHER THE ARBITRATION AWARDS PREVIOUSLY ENTERED IN THESE PROCEEDINGS AS COMPLYING WITH THE STANDARDS ESTABLISHED BY THE ICC IN CARMEN II AND BY VARIOUS INTERVENING DECISIONS OF THE ICC, THE U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT, AND THIS BOARD.

   Entire Board · NORFOLK SOUTHERN CORPORATION--CONTROL--NORFOLK AND WESTERN RAILWAY COMPANY AND SOUTHERN RAILWAY COMPANY (ARBITRATION REVIEW) · also entered in FD 28905 (Sub-No. 22) · decision 29606
2. 25 Sep 1998 AB 57 (Sub-No. 45X)
   FOUND NO SIGNIFICANT IMPACT UNDER 49 CFR 1105.10(G) WILL BE MADE PURSUANT TO 49 CFR 1011.8(C)(10).

   Director Of Proceedings · SOO LINE RAILROAD COMPANY-- ABANDONMENT EXEMPTION-- IN DAKOTA COUNTY, MN · decision 29605
3. 25 Sep 1998 MCF 20930
   GRANTED COACH AN APPLICATION UNDER 49 U.S.C. 14303 TO ACQUIRE CONTROL OF THREE ADDITIONAL MOTOR PASSENGER CARRIERS, SUBJECT TO PUBLIC COMMENTS.

   Entire Board · COACH USA ,INC.--CONTROL--CLINTON AVENUE BUS COMPANY; ORANGE, NEWARK, ELIZABETH BUS, INC.; AND WISCONSIN COACH LINES, INC. · decision 29596
4. 25 Sep 1998 NOM 42036
   GRANTED NMFTA'S REQUEST TO EXTEND THE 120-DAY DEADLINE FOR DISPOSITION OF SUBJECT 5 OF NCC DOCKET 983.

   Director Of Proceedings · NATIONAL MOTOR FREIGHT TRAFFIC ASSOCIATION, INC.--EXTENSION REQUEST--SUBJECT 5 OF NCC DOCKET NO. 983 · decision 29595
5. 25 Sep 1998 AB 55 (Sub-No. 563X)
   (1) EXEMPTED FROM PRIOR APPROVAL REQUIREMENTS THE ABANDONMENT BY CSXT OF A 0.87-MILE PORTION OF ITS LINE OF RAILROAD IN CLARKSBURG, HARRISON COUNTY, WV, SUBJECT TO LABOR PROTECTIVE CONDITIONS, (2) DENIED HARTLAND'S REQUEST FOR AN ORAL HEARING, AND (3) ESTABLISHED A PROCEDURAL SCHEDULE.

   Entire Board · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN HARRISON COUNTY, WV · decision 29339
6. 25 Sep 1998 FD 30965 (Sub-No. 1)
   (1) REAFFIRMED THE OCTOBER 4, 1990 DECISION DECLINING TO VACATE THE HARRIS AWARD AND THE IMPLEMENTING AGREEMENT REMAINS IN EFFECT, (2) DENIED RLEA'S REQUEST FOR ORAL HEARING, AND (3) DISMISSED AS MOOT, THE PROCEEDING INITIATED BY RAIL LABOR ON 1/3/94 SEEKING CLARIFICATION OF THE HARRIS AWARD.

   Entire Board · DELAWARE AND HUDSON RAILWAY COMPANY · also entered in FD 30965 (Sub-No. 2) · decision 29027
7. 24 Sep 1998 NOM 41192
   GRANTED RESPONDENT'S EXTENSION REQUEST TO OCTOBER 30, 1998.

   Secretary · THE TJX COMPANIES, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF SWEENEY TRANSPORTATION, INC., AND KNICKERBOCKER EAST-WEST, INC. · decision 29620
8. 24 Sep 1998 FD 33650
   NOTICE OF CONTINUANCE IN CONTROL EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · RAILAMERICA, INC.--CONTINUANCE IN CONTROL EXEMPTION--VENTURA COUNTY RAILROAD COMPANY · decision 29565
9. 24 Sep 1998 FD 33649
   NOTICE OF LEASE AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · VENTURA COUNTY RAILROAD COMPANY-LEASE AND OPERATION-VENTURA COUNTY RAILWAY COMPANY · decision 29563
10. 24 Sep 1998 AB 397 (Sub-No. 3X)
    GRANTED AMERICAN TRAILS ASSOCIATION, INC.'S REQUEST TO VACATE THE NITUS WITH RESPECT TO THE LINE SEGMENTS IDENTIFIED IN THIS DECISION AND PERMITTED TVR TO FULLY ABANDON THESE LINE SEGMENTS.

    Director Of Proceedings · TULARE VALLEY RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN TULARE AND FRESNO COUNTIES, CA · decision 29533
11. 23 Sep 1998 FD 33556
    SCHEDULED A CONFERENCE TO BE HELD IN A HEARING ROOM OF THE FEDERAL ENERGY REGULATORY COMMISSION, 888 FIRST ST., N.E., WASHINGTON, D.C., AT 10:00 A.M. ON SEPTEMBER 28, 1998, TO HEAR ORAL ARGUMENTS FOR THE PURPOSE OF RULING ON THE OUTSTANDING DISCOVERY DISPUTES.

    Administrative Law Judge · 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 29632
12. 22 Sep 1998 EP 573
    (1) DENIED NITL'S REQUEST TO AMEND THE REPORTING REQUIREMENTS; AND (2) DENIED SCRRA'S REQUEST TO AMEND THE REPORTING REQUIREMENTS AND DIRECTED UP TO MAKE CERTAIN CAPITAL IMPROVEMENTS.

    Entire Board · RAIL SERVICE IN THE WESTERN UNITED STATES · decision 29623
13. 22 Sep 1998 AB 6 (Sub-No. 380X)
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT AUGUST 12, 1998, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.

    Secretary · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN KING COUNTY, WASH. · decision 29622
14. 22 Sep 1998 S5R 100
    APPROVED THE APPLICATION FILED BY AAR AND ASLRRA ON AN INTERIM BASIS, SUBJECT TO COMMENTS.

    Entire Board · decision 29617
15. 22 Sep 1998 AB 31 (Sub-No. 33)
    (1) GRANTED GTW MOTION FOR PROTECTIVE ORDER; (2) ADOPTED THE PROTECTIVE ORDER AND CONFIDENTIALLY UNDERTAKING IN THE APPENDIX; AND (3) PLACED THE SPECIFIED COSTING DATA AND COMMERCIAL INFORMATION UNDER SEAL AND NOT IN THE PUBLIC DOCKET OR DISCLOSED TO THE PUBLIC.

    Secretary · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ABANDONMENT--IN MACOMB AND OAKLAND COUNTIES, MI · decision 29612
16. 22 Sep 1998 FD 33655
    NOTICE OF TRACKAGE RIGHTS EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--TRACKAGE RIGHTS EXEMPTION--SAULT STE. MARIE BRIDGE COMPANY AND FOX VALLEY & WESTERN LTD. · decision 29594
17. 22 Sep 1998 FD 33656
    NOTICE OF JOINT RELOCATION PROJECT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · WISCONSIN CENTRAL LTD. AND SAULT STE. MARIE BRIDGE COMPANY--JOINT RELOCATION PROJECT EXEMPTION--HERMANSVILLE, MI, TO NORTH ESCANABA, MI · decision 29589
18. 22 Sep 1998 AB 31 (Sub-No. 32X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ABANDONMENT EXEMPTION--IN OAKLAND COUNTY, MI · decision 29462
19. 21 Sep 1998 NOR 42022
    DESIGNATED JUDGE JOSEPH NACY AS THE ALJ IN THIS PROCEEDING TO RESOLVE ANY REMAINING DISCOVERY DISPUTES AND THE SCHEDULE AS OUTLINED, WILL GOVERN, UNLESS SUBSEQUENTLY MODIFIED BY ORDER OF THE ALJ OR THE BOARD.

    Secretary · FMC WYOMING CORPORATION AND FMC CORPORATION V. UNION PACIFIC RAILROAD COMPANY · also entered in EP 346 (Sub-No. 29A) · decision 29626
20. 21 Sep 1998 AB 493 (Sub-No. 7X)
    DISMISSED THE PETITION FOR EXEMPTION UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 (F)(2) WITH RESPECT TO THE PART OF THE LINE BETWEEN MILEPOST 1.45 AND MILEPOST 5.45 EFFECTIVE ON THE DATE THE SALE IS CONSUMMATED.

    Director Of Proceedings · TRACK TECH, INC.--ABANDONMENT EXEMPTION--IN ADAIR AND UNION COUNTIES, IA · decision 29610