Week of 21 Dec 1998

Decisions served

1. 24 Dec 1998 EP 574
   INVITED COMMENTS ON THE NOTICE OF PROPOSED RULEMAKING, ISSUED JOINTLY WITH THE FEDERAL RAILROAD ADMINISTRATION, ESTABLISHING PROCEDURES FOR THE DEVELOPMENT AND IMPLEMENTATION OF SAFETY INTEGRATION PLANS BY RAILROADS PROPOSING TO ENGAGE IN CERTAIN SPECIFIED MERGER, CONSOLIDATION, OR ACQUISITION OF CONTROL TRANSACTIONS WITH ANOTHER RAILROAD

   Entire Board · SAFE IMPLEMENTATION OF BOARD-APPROVED TRANSACTIONS · decision 29879
2. 24 Dec 1998 AB 57 (Sub-No. 44X)
   NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ST. LOUIS COUNTY, MN · decision 29840
3. 24 Dec 1998 AB 31 (Sub-No. 33)
   GRANTED GTW AN APPLICATION UNDER 49 U.S.C. 10903 TO ABANDON A LINE OF RAILROAD EXTENDING FROM MILEPOST 19.5 NEAR WASHINGTON STATION IN WASHINGTON, MI, TO MILEPOST 37.7 NEAR PONTIAC STATION IN PONTIAC, MI, A DISTANCE OF 18.2 MILES IN MACOMB AND OAKLAND COUNTIES, MI.

   Entire Board · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ABANDONMENT--IN MACOMB AND OAKLAND COUNTIES, MI · decision 29772
4. 24 Dec 1998 AB 55 (Sub-No. 567X)
   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 EXEMPTION--IN ALLEGHENY COUNTY, PA · decision 29738
5. 23 Dec 1998 FD 33388
   GRANTED APPLICANTS' EXTENSION REQUEST TO NEGOTIATE A MUTUALLY SATISFACTORY SOLUTION RESPECTING ANY MILEPOST 6.0 INTERCHANGE PROBLEMS.

   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 29891
6. 23 Dec 1998 AB 406 (Sub-No. 7X)
   GRANTED THE REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU UNTIL JUNE 21, 1999.

   Director Of Proceedings · CENTRAL KANSAS RAILWAY, LIMITED LIABILITY COMPANY--ABANDONMENT EXEMPTION--IN BARTON, ELLSWORTH AND RICE COUNTIES, KAN. · decision 29889
7. 23 Dec 1998 AB 167 (Sub-No. 1132X)
   GRANTED NATIONAL PIKE TRAIL COUNCIL'S REQUEST TO EXTEND THE NEGOTIATION PERIOD UNDER THE NITU THROUGH JULY 4, 1999.

   Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--BETWEEN BURGETTSTOWN, WASHINGTON COUNTY, PA, AND COLLIERS, BROOKE COUNTY, WV · decision 29869
8. 22 Dec 1998 FD 33388
   RESOLVED THE ANTICOMPETITIVE PROBLEMS POSED BY TWO CSXI CONTRACTS REFERENCED IN DECISION NO. 106.

   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 29888
9. 22 Dec 1998 EP 573
   (1) TERMINATED THE REPORTING REQUIREMENTS IMPOSED ON UNION PACIFIC RAILROAD COMPANY AND BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY UPON THE ISSUANCE OF THE FIRST CLASS I CARRIER WEEKLY PERFORMANCE REPORTS DISCUSSED IN THIS DECISION; AND (2) DISCONTINUED THIS PROCEEDING EFFECTIVE FEBRUARY 1, 1999.

   Entire Board · RAIL SERVICE IN THE WESTERN UNITED STATES · decision 29882
10. 22 Dec 1998 AB 557-X
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · TRUSTEES OF THE CINCINNATI SOUTHERN RAILWAY--ABANDONMENT EXEMPTION--IN HAMILTON COUNTY, OH · also entered in AB 290 (Sub-No. 187X) · decision 29832
11. 22 Dec 1998 AB 290 (Sub-No. 203X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN MADISON AND BOND COUNTIES, IL · decision 29739
12. 22 Dec 1998 FD 21510 (Sub-No. 5)
    DENIED A PETITION TO REOPEN THIS PROCEEDING FILED OCTOBER 13, 1998, BY 11 FORMER EMPLOYEES OF THE FORMER AC&Y.

    Entire Board · NORFOLK AND WESTERN RAILWAY COMPANY AND NEW YORK, CHICAGO AND ST. LOUIS RAILROAD COMPANY--MERGER, ETC. · decision 29700
13. 22 Dec 1998 FD 33424
    DENIED THE UNITED TRANSPORTATION UNION--GENERAL COMMITTEE OF ADJUSTMENT'S PETITION FOR RECONSIDERATION OF THE JULY 6, 1998 DECISION DENYING A PETITION TO REVOKE THE EXEMPTION.

    Entire Board · PORTLAND & WESTERN RAILROAD, INC.--ACQUISITION AND OPERATION EXEMPTION--THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 29487
14. 22 Dec 1998 FD 32964
    (1) GRANTED BMWE'S MOTION TO AMEND ITS COMPLAINT; (2) ACCEPTED WCL'S AND SOO'S PLEADINGS FILED OCTOBER 23 AND 24, 1996; (3) DENIED MOTION TO STRIKE ; (4) DENIED THE COMPLAINT IN FD-32964 TO THE EXTENT HEREIN; AND (5) ESTABLISHED A PROCEDURAL SCHEDULE.

    Entire Board · BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES AND SOO LINE SYSTEM DIVISION, BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES V. SOO LINE RAILROAD COMPANY AND WISCONSIN CENTRAL LTD. · also entered in FD 32964 (Sub-No. 1) · decision 20345
15. 21 Dec 1998 FD 32760 (Sub-No. 26)
    GRANTED CMTA'S REQUEST TO MODIFY THE TRACKAGE RIGHTS USED BY BNSF AND TO CHANGE THE INTERCHANGE USED BY LONGHORN FROM ELGIN; ORDERED UP TO (1) INCLUDE AN INFRASTRUCTURE REPORT IN ITS ANNUAL OVERSIGHT FILINGS AND (2) WORK WITH BNSF AND OTHER CARRIERS THAT HAVE TRACKAGE RIGHTS OVER ITS LINES WHEN ITS MAKES OPERATIONAL CHANGES; AND DENIED, ALL REQUESTS FOR RELIEF DISCUSSED IN THE DECISION, EXCEPT AS OTHERWISE INDICATED.

    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 29887
16. 21 Dec 1998 AB 33 (Sub-No. 117X)
    GRANTED LAKE COUNTY'S REQUEST FOR AN EXTENSION OF THE NITU NEGOTIATION PERIOD FOR AN ADDITIONAL 180 DAYS TO JUNE 29, 1999.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN LAKE COUNTY, CO · decision 29858
17. 21 Dec 1998 AB 468 (Sub-No. 2X)
    REOPENED THIS PROCEEDING AND THE CONDITION IMPOSED IN THE DECISION SERVED ON AUGUST 25, 1997, IS REMOVED.

    Director Of Proceedings · PADUCAH & LOUISVILLE RAILWAY, INC.--ABANDONMENT EXEMPTION--IN WHITE PLAINS AND ST. CHARLES, KY · decision 29854
18. 21 Dec 1998 EP 628
    ISSUED FINAL RULES AT 49 CFR PARTS 1146 AND 1147 ESTABLISHING PROCEDURES FOR OBTAINING EXPEDITED RELIEF FOR RAIL SERVICE INADEQUACIES.

    Entire Board · EXPEDITED RELIEF FOR SERVICE INADEQUACIES · decision 29781
19. 21 Dec 1998 FD 32760 (Sub-No. 21)
    ADDRESSED ISSUES RAISED IN THE SECOND ANNUAL ROUND OF THE UP/SP GENERAL OVERSIGHT PROCEEDING.

    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 RIO GRANDE WESTERN RAILROAD COMPANY · decision 29765
20. 21 Dec 1998 FD 33652
    DRAFT ENVIRONMENTAL ASSESSMENT ON THE UNION PACIFIC RAILROAD COMPANY'S PROPOSED ACQUISITION OF A RAIL LINE FROM MID-MICHIGAN RAILROAD, INC.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--MID MICHIGAN RAILROAD, INC. · decision 29603
21. 21 Dec 1998 FD 33461
    (1) GRANTED TEX MEX/KCS'S FEBRUARY 3, 1998 PETITION TO CONSOLIDATE FD-33461, 33462, AND 33463; (2) ACCEPTED TEX MEX/KCS'S FEBRUARY 23, 1998 REPLY AND UPSP'S MARCH 23, 1998 COMMENTS INTO THE RECORD; (3) DENIED TEX MEX/KCS'S MOTION TO COMPEL DISCOVERY; (4) DENIED TEX MEX/KCS'S PETITION TO DECLARE THE TRACKAGE RIGHTS NOTICES OF EXEMPTION ISSUED IN THESE PROCEEDINGS VOID AB INITIO AND/OR REVOKE THEM; AND (5) DISCONTINUED THEIR COMPLAINT IN FD 33507.

    Entire Board · SOUTHERN PACIFIC TRANSPORTATION COMPANY--TRACKAGE RIGHTS EXEMPTION--THE HOUSTON BELT & TERMINAL RAILWAY COMPANY · also entered in FD 33462, FD 33463, FD 33507 · decision 29543
22. 21 Dec 1998 EP 627
    ELIMINATED FROM THE MARKET DOMINANCE DETERMINATIONS EVIDENCE OF PRODUCT AND/OR GEOGRAPHIC COMPETITION.

    Entire Board · MARKET DOMINANCE DETERMINATIONS--PRODUCT AND GEOGRAPHIC COMPETITION · decision 29540