Week of 2 Nov 1998

Decisions served

1. 6 Nov 1998 AB 227 (Sub-No. 10X)
   MODIFIED TO THE EXTENT NECESSARY, THE DECISION SERVED NOVEMBER 7, 1997, TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS DECISION.

   Director Of Proceedings · WHEELING AND LAKE ERIE RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN STARK COUNTY, OH · decision 29754
2. 6 Nov 1998 FD 30186 (Sub-No. 2)
   GRANTED PETITIONERS' EXTENSION REQUESTS AND PROTESTANTS' REPLY STATEMENTS ARE DUE ON NOVEMBER 23, 1998.

   Secretary · TONGUE RIVER RAILROAD COMPANY--RAIL CONSTRUCTION AND OPERATION--ASHLAND TO DECKER, MONTANA · decision 29749
3. 6 Nov 1998 AB 33 (Sub-No. 105X)
   GRANTED THE CITY'S REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD FOR THE PORTION OF THE LINE BETWEEN MILEPOST 43.0 AND THE END OF THE LINE AT MILEPOST 43.8 UNTIL JANUARY 19, 1999.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN KANE COUNTY, IL · decision 29728
4. 6 Nov 1998 FD 33666
   NOTICE OF OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · BELT LINE DIVISION OF TACOMA PUBLIC UTILITIES-OPERATION EXEMPTION-PIERCE THURSTON AND LEWIS COUNTIES WASHINGTON · decision 29725
5. 6 Nov 1998 FD 33388
   DENIED THE NECR-10 PETITION TO SET TERMS OF TRACKAGE RIGHTS AGREEMENT FILED SEPTEMBER 21, 1998, BY NEW ENGLAND CENTRAL RAILROAD, INC.

   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 · also entered in FD 33388 (Sub-No. 75) · decision 29724
6. 6 Nov 1998 FD 31700 (Sub-No. 13)
   (1) ACCEPTED INTO THE RECORD THE MOTION FOR LEAVE TO FILE A RESPONSE TO A CARRIERS' REPLY FILED BY TRAIN DISPATCHERS, AND (2) DENIED ITS MOTION FOR STAY PENDING JUDICIAL REVIEW FILED OCTOBER 15, 1998, AND THE 20-DAY STAY GRANTED IN A DECISION OCTOBER 16, 1998, EXPIRES ON NOVEMBER 7, 1998.

   Commissioner · CANADIAN PACIFIC LIMITED, ET AL.--PURCHASE AND TRACKAGE RIGHTS--DELAWARE & HUDSON RAILWAY COMPANY (ARBITRATION REVIEW) · decision 29717
7. 6 Nov 1998 FD 33675
   NOTICE OF LEASE AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · MINNESOTA COMMERCIAL RAILWAY COMPANY--LEASE AND OPERATION EXEMPTION--CANADIAN PACIFIC RAILWAY COMPANY (SOO LINE DISTRICT) · decision 29713
8. 6 Nov 1998 FD 33676
   NOTICE OF LEASE AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · MINNESOTA COMMERCIAL RAILWAY COMPANY--LEASE AND OPERATION EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 29712
9. 6 Nov 1998 AB 290 (Sub-No. 203X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MADISON AND BOND COUNTIES, IL · decision 29690
10. 6 Nov 1998 WCC 102
    (1) INITIATED A PROCEEDING UNDER 49 U.S.C. 13701(C) TO DETERMINE WHETHER NPR HAS VIOLATED THE REQUIREMENTS OF 49 U.S.C. 13701(A)(1)(B); (2) HELD PROCESSING OF THIS PROCEEDING IN ABEYANCE; AND (3) DIRECTED OLMI TO PROMPTLY ADVISE THE BOARD WHEN THE DISTRICT COURT DISPOSES OF THE RELATED ACTION.

    Secretary · OCEAN LOGISTICS MANAGEMENT, INC. V. NPR, INC., AND HOLT CARGO SYSTEMS, INC. · decision 29678
11. 6 Nov 1998 FD 33562
    (1) GRANTED A PETITION FILED 9/21/98 BY FEC TO REOPEN THE NOTICE OF EXEMPTION SERVED AND PUBLISHED 3/11/98, (2) MOOT THE VERIFIED EMERGENCY MOTION FOR STAY OF ARBITRATION FILED BY FEC, AND (3) MODIFIED THE NOTICE OF EXEMPTION TO THE EXTENT NECESSARY TO IMPOSE THE APPROPRIATE LABOR PROTECTIVE CONDITION.

    Entire Board · SOUTH CENTRAL FLORIDA EXPRESS INC-TRACKAGE RIGHTS- FLORIDA EAST COAST RAILWAY · decision 29634
12. 6 Nov 1998 AB 31 (Sub-No. 32X)
    (1) EXEMPTED FROM THE PRIOR APPROVAL REQUIREMENTS THE ABANDONMENT BY GTW OF A 3.1-MILE PORTION OF ITS LINE OF RAILROAD KNOWN AS THE JACKSON SPUR IN OAKLAND COUNTY, MI, SUBJECT TO CERTAIN CONDITIONS, (2) DENIED THE REQUESTS BY PONTIAC AND SYLVAN LAKE FOR ISSUANCE OF A NITU, AND (3) ESTABLISHED A PROCEDURAL SCHEDULE.

    Entire Board · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ABANDONMENT EXEMPTION--IN OAKLAND COUNTY, MI · decision 29466
13. 5 Nov 1998 AB 33 (Sub-No. 127X)
    NOTICE TO THE PARTIES CORRECTING A TYPOGRAPHICAL ERROR IN THE ENVIRONMENTAL ASSESSMENT SERVED OCTOBER 30, 1998.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LOS ANGELES COUNTY, CA · decision 29752
14. 5 Nov 1998 AB 33 (Sub-No. 113)
    GRANTED THE CITY'S REQUEST TO EXTEND THE INTERIM TRAIL USE NEGOTIATING PERIOD TO MAY 4, 1999.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--DISCONTINUANCE OF TRACKAGE RIGHTS AND ABANDONMENT--IN NATRONA AND CONVERSE COUNTIES, WY · decision 29745
15. 5 Nov 1998 AB 33 (Sub-No. 126X)
    (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE OCTOBER 8, 1998 DECISION TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN JEFFERSON COUNTY, WI · decision 29691
16. 4 Nov 1998 FD 33556
    ADOPTED THE ATTACHED DISCOVERY GUIDELINES.

    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 29746
17. 3 Nov 1998 FD 33407
    GRANTED THE COALITION'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE AND EXTENDED THE DATE FOR ISSUANCE OF A PRELIMINARY DECISION ON THE TRANSPORTATION ASPECTS OF THIS APPLICATION FROM NOVEMBER 17, 1998, TO DECEMBER 10, 1998.

    Secretary · DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION CONSTRUCTION INTO THE POWDER RIVER BASIN · decision 29740
18. 3 Nov 1998 NOR 42034
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT OCTOBER 26, 1998, BEFORE THE US COURT OF APPEALS FOR THE SEVENTH CIRCUIT.

    Secretary · PSI ENERGY, INC. V. CSX TRANSPORTATION, INC. AND SOO LINE RAILROAD COMPANY · decision 29731
19. 3 Nov 1998 AB 33 (Sub-No. 128X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN SAN ANTONIO, BEXAR COUNTY, TX (AUSTIN SUBDIVISION--'OLD MKT MAIN LINE') · decision 29687
20. 3 Nov 1998 AB 317 (Sub-No. 5X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · INDIANA HARBOR BELT RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION--IN COOK COUNTY, IL, AND LAKE COUNTY, IN · decision 29562
21. 2 Nov 1998 AB 33 (Sub-No. 119X)
    SET TERMS AND CONDITIONS FOR THE PURCHASE BY THE CITY OF FITCHBURG /THE VILLAGE OF OREGON OF A 15-MILE LINE OF RAILROAD OWNED BY UP.

    Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ROCK, GREEN AND DANE COUNTIES, WI · decision 29667