Week of 14 Dec 1998

Decisions served

1. 18 Dec 1998 FD 33388
   (1) DENIED: THE CSX-170 MOTION TO STRIKE, THE HRRC-14 REQUEST AND THE REQUEST BY PROVIDENCE & WORCESTER RAILROAD COMPANY; (2) ADOPTED TO THE EXTENT SET FORTH IN THIS DECISION, THE TRACKAGE RIGHTS AND TERMINAL OPERATION PROPOSALS BY CSX AND CP.

   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. 69) · decision 29884
2. 18 Dec 1998 EP 290 (Sub-No. 5)
   APPROVED THE FIRST QUARTER 1999 RAIL COST ADJUSTMENT FACTOR (UNADJUSTED) OF 0.996, RCAF (ADJUSTED) OF 0.599, AND RCAF-5 OF 0.603.

   Entire Board · QUARTERLY RAIL COST ADJUSTMENT FACTOR · decision 29845
3. 18 Dec 1998 AB 103 (Sub-No. 14)
   NOTICE OF ADVERSE DISCONTINUANCE APPLICATION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · KANSAS CITY SOUTHERN RAILWAY COMPANY--ADVERSE DISCONTINUANCE APPLICATION--A LINE OF ARKANSAS AND MISSOURI RAILROAD COMPANY · decision 29834
4. 18 Dec 1998 MCF 20915
   (1) REOPENED THIS PROCEEDING FOR THE PURPOSE OF INVESTIGATING PASSENGERS' CONCERNS WITH RESPECT TO THE DECISION SERVED JUNE 4, 1998, (2) DIRECTED THE APPLICANTS TO FURNISH FOR THE RECORD ADDITIONAL INFORMATION, AND (3) AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Entire Board · SUBURBAN TRANSIT CORP., ET AL.--POOLING--AMERICAN LIMOUSINE SERVICE, INC. · decision 29780
5. 18 Dec 1998 MCF 20913
   APPROVED AN AMENDMENT TO THE PREVIOUSLY APPROVED OPERATIONS POOLING AGREEMENT BETWEEN PETER PAN AND GREYHOUND, INVOLVING THEIR ROUTES BETWEEN ALBANY, NY AND BOSTON, MA.

   Entire Board · PETER PAN BUS LINES INC-POOLING-GREYHOUND BUS LINES INC · decision 29760
6. 18 Dec 1998 MCF 20904
   APPROVED CERTAIN MINOR AND CONFORMING AMENDMENTS TO PREVIOUSLY APPROVED OPERATIONS AND REVENUE POOLING AGREEMENTS BETWEEN PETER PAN AND GREYHOUND INVOLVING ROUTES BETWEEN NEW YORK, PHILADELPHIA, PA, WASHINGTON, DC, BOSTON AND SPRINGFIELD, MA.

   Entire Board · PETER PAN BUS LINES, INC.--POOLING--GREYHOUND LINES, INC. · also entered in MCF 20908, MCF 20912 · decision 29759
7. 18 Dec 1998 S5M 61
   INDICATED THAT IT WILL RENEW THE BUREAU AGREEMENT OF THE NCC FOR ONE YEAR, AFTER WHICH, ABSENT A CLEAR EXPRESSION FROM CONGRESS TO THE CONTRARY, THE AGREEMENT WILL BE APPROVED ONLY IF IT IS AMENDED TO PROVIDE FOR MORE EFFECTIVE SHIPPER PARTICIPATION.

   Entire Board · NATIONAL CLASSIFICATION COMMITTEE--AGREEMENT · decision 28626
8. 18 Dec 1998 S5M 118 (Sub-No. 1)
   INDICATED APPROVAL OF MOTOR CARRIER RATE BUREAU AGREEMENTS FOR ONE YEAR, AFTER WHICH, ABSENT A CLEAR EXPRESSION FROM CONGRESS TO THE CONTRARY, AND BUREAU SEEKING CONTINUED ANTITRUST IMMUNITY WILL BE REQUIRED TO REDUCE 'BENCHMARK' RATES.

   Entire Board · EC-MAC MOTOR CARRIERS SERVICE ASSOCIATION, INC., ET AL. · also entered in S5M 22 (Sub-No. 7), S5M 25 (Sub-No. 8), S5M 34 (Sub-No. 8), S5M 60 (Sub-No. 10), S5M 45 (Sub-No. 13), S5M 46 (Sub-No. 20) · decision 28466
9. 18 Dec 1998 AB 406 (Sub-No. 6X)
   (1) DENIED A PETITION FILED SEPTEMBER 25, 1997, BY PETITIONERS TO REOPEN THIS PROCEEDING AND CKR'S MOTION TO STRIKE; AND (2) ACCEPTED INTO THE RECORD FILINGS SUBMITTED BY CKR AND THE PETITIONERS.

   Entire Board · CENTRAL KANSAS RAILWAY, LIMITED LIABILITY COMPANY--ABANDONMENT EXEMPTION--IN MARION AND MCPHERSON COUNTIES, KS · decision 28415
10. 17 Dec 1998 FD 33388
    GRANTED A 60-DAY EXTENSION OF THE DEADLINE PROVIDED FOR IN ENVIRONMENTAL CONDITION 8(B), WHICH REQUIRES APPLICANTS TO COMPLETE ANY NEGOTIATIONS WITH THE STATE OF OHIO REGARDING HIGHWAY/RAIL AT-GRADE CROSSING IMPROVEMENTS BY FEBRUARY 18, 1999.

    Secretary · 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 29873
11. 17 Dec 1998 FD 32760
    REOPENED THIS PROCEEDING AND RESOLVED THE PENDING ENVIRONMENTAL MITIGATION ISSUES ENTERED INTO ON DECEMBER 1, 1998, BETWEEN RENO AND UP.

    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 DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY UP-SP MERGER · decision 29853
12. 17 Dec 1998 MCF 20940
    NOTICE OF TENTATIVE APPROVAL OF A FINANCE APPLICATION FILED BY LAIDLAW FOR APPROVAL OF THE MERGER OF LTAC WITH GREYHOUND LINES, INC., A MOTOR CARRIER OF PASSENGERS.

    Entire Board · LAIDLAW INC. AND LAIDLAW TRANSIT ACQUISITION CORP.--MERGER--GREYHOUND LINES, INC. · decision 29821
13. 17 Dec 1998 FD 33672
    NOTICE OF LEASE EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · CENTRAL KANSAS RAILWAY, L.L.C.--LEASE EXEMPTION--UNION PACIFIC RAILROAD COMPANY · decision 29812
14. 17 Dec 1998 MCF 20938
    TENTATIVELY APPROVED, SUBJECT TO OPPOSING COMMENTS, THE APPLICATION FILED BY COACH AND COACH CANADA FOR CONTROL OF AUTOCAR AND ERIE, AND FOR CONTINUANCE IN CONTROL OF TRENTWAY.

    Entire Board · COACH USA, INC. AND COACH CANADA, INC.--CONTROL AND CONTINUANCE IN CONTROL--AUTOCAR CONNAISSEUR, INC., ERIE COACH LINES COMPANY, AND TRENTWAY-WAGAR, INC. · decision 29800
15. 17 Dec 1998 FD 33593
    (1)GRANTED CSS'S MOTION TO DISMISS; AND (2) DISMISSED HARBISON'S COMPLAINT.

    Entire Board · HARBISON-WALKER REFRACTURIES COMPANY V. CHICAGO, SOUTHSHORE & SOUTH BEND RAILROAD · decision 29214
16. 17 Dec 1998 FD 33522
    (1) GRANTED THE PETITION FOR LEAVE TO FILE REPLY ARGUMENT FILED ON MARCH 13, 1998, BY HARBISON; (2) ACCEPTED THE SUPPLEMENT FILED ON MARCH 17, 1998, AND CSS'S OBJECTION AND REBUTTAL STATEMENT ON MARCH 26, 1998; AND (3) DISCONTINUED THIS PROCEEDING.

    Entire Board · CHICAGO SOUTHSHORE & SOUTH BEND RAILROAD--PETITION FOR DECLARATORY ORDER--STATUS OF TRACK AT HAMMOND, IN · decision 28896
17. 17 Dec 1998 FD 31363 (Sub-No. 2)
    DECLINED TO REVIEW THE AWARD THAT IS THE SUBJECT OF USWA'S APPEAL.

    Entire Board · UNION RAILROAD COMPANY AND BESSEMER AND LAKE ERIE RAILROAD COMPANY--PETITION FOR DECLARATORY ORDER · also entered in FD 31363 (Sub-No. 3) · decision 28603
18. 16 Dec 1998 FD 33683
    NOTICE OF LEASE EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · OGEECHEE RAILWAY COMPANY--LEASE EXEMPTION--LINE OF THE CENTRAL OF GEORGIA RAILROAD COMPANY · decision 29786
19. 14 Dec 1998 AB 103 (Sub-No. 14)
    GRANTED AMR'S MOTION FOR A PROTECTIVE ORDER.

    Secretary · KANSAS CITY SOUTHERN RAILWAY COMPANY--ADVERSE DISCONTINUANCE APPLICATION--A LINE OF ARKANSAS AND MISSOURI RAILROAD COMPANY · decision 29835
20. 14 Dec 1998 AB 303 (Sub-No. 17X)
    GRANTED WCL AND MDNR'S REQUEST FOR AN EXTENISION OF THE NITU NEGOTIATION PERIOD FOR AN ADDITIONAL 180 DAYS UNTIL JUNE 14, 1999.

    Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN MARQUETTE AND ALGER COUNTIES, MI · decision 29830
21. 14 Dec 1998 AB 391 (Sub-No. 5X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · RED RIVER VALLEY & WESTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN BURLEIGH, KIDDER AND STUTSMAN COUNTIES, ND · decision 29810