Week of 29 Mar 1999

Decisions served

1. 2 Apr 1999 AB 560 (Sub-No. 1X)
   NOTICE OF ABANDONMENT AND DISCONTINUANCE EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · ABERDEEN & ROCKFISH RAILROAD COMPANY D/B/A DUNN-ERWIN RAILWAY--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN HARNETT COUNTY, NC · decision 30120
2. 2 Apr 1999 AB 33 (Sub-No. 131X)
   GRANTED UP AN EXEMPTION UNDER 49 U.S.C. 10502 FROM THE PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A 7.14-MILE LINE OF RAILROAD KNOWN AS THE BROWNSVILLE BRANCH, EXTENDING FROM MILEPOST 197.90 NEAR NARANJO ROAD TO MILEMPOST 205.04 NEAR E. VAN BUREN STREET, IN BROWNSVILLE, CAMERON COUNTY, TX, SUBJECT TO PUBLIC USE, ENVIRONMENTAL, AND STANDARD EMPLOYEE PROTECTIVE CONDITIONS.

   Entire Board · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CAMERON COUNTY, TX · decision 29923
3. 1 Apr 1999 FD 33388 (Sub-No. 89)
   GRANTED THE RAILROADS' EXTENSION REQUEST TO FILE THEIR RESPONSE UNTIL APRIL 14, 1999.

   Secretary · CSX CORPORATION AND CSX TRANSPORTATION INC., NORFOLK SOUTHERN CORPORATION AND NORFOLK SOUTHERN RAILWAY COMPANY -- CONTROL AND OPERATING LEASE/AGREEMENTS -- CONRAIL, INC. AND CONSOLIDATED RAIL CORPORATION (ARBITRATION REVIEW) · decision 30150
4. 1 Apr 1999 FD 33725
   NOTICE OF TRACKAGE RIGHTS EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--TRACKAGE RIGHTS EXEMPTION--CONSOLIDATED RAIL CORPORATION · decision 30113
5. 1 Apr 1999 NOM 41244
   FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY JONES AGAINST PETITIONER, WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 10701(A) AND SECTION 2(E) OF THE NRA, AND DISCONTINUED THIS PROCEEDING.

   Entire Board · DIVERSIFIED ELECTRIC SUPPLY, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF JONES TRUCK LINES, INC. · decision 21250
6. 1 Apr 1999 NOM 41265
   FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY JONES TRUCK LINES, INC., AGAINST SMITHKLINE CONSUMER HEALTHCARE, WOULD BE UNREASONABLE PRACTICE UNDER 49 U.S.C. 10701(A )AND SECTION 2 (E) OF THE NRA, AND DISCONTINUED THIS PROCEEDING.

   Entire Board · SMITHKLINE BEECHAM CONSUMER HEALTHCARE V. JONES TRUCK LINES, INC. · decision 20275
7. 31 Mar 1999 AB 297 (Sub-No. 101X)
   FOUND THAT NO SIGNIFICANT IMPACT UNDER 49 CFR 1105.10(G) WILL BE MADE PURSUANT TO 49 CFR 1011.8(C) (10).

   Director Of Proceedings · COLUMBUS AND GREENVILLE RAILWAY COMPANY -- ABANDONMENT EXEMPTION -- IN BOLIVAR AND WASHINGTON COUNTIES, MS · decision 30132
8. 31 Mar 1999 AB 397 (Sub-No. 3X)
   THE CITY OF REEDLEY IS AUTHORIZED TO REPLACE ATA AS THE NEW TRAIL USER OVER THE INVOLVED RIGHT-OF-WAY.

   Director Of Proceedings · TULARE VALLEY RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE EXEMPTION--IN TULARE AND FRESNO COUNTIES, CA · decision 30110
9. 31 Mar 1999 AB 406 (Sub-No. 8X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · CENTRAL KANSAS RAILWAY LIMITED LIABILITY COMPANY--ABANDONMENT EXEMPTION--IN HARPER COUNTY, KS · decision 30107
10. 31 Mar 1999 AB 391 (Sub-No. 6X)
    (1) RECOMMENDED THAT A CONDITION BE IMPOSED REQUIRING RRVW TO CONSULT WITH THE NGS AND PROVIDE NGS WITH 90 DAYS NOTICE PRIOR TO DISTURBING OR DESTROYING ANY GEODETIC MARKERS; AND (2) REOPENED THIS PROCEEDING.

    Director Of Proceedings · RED RIVER VALLEY & WESTERN RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CASS COUNTY, ND · decision 30103
11. 30 Mar 1999 AB 33 (Sub-No. 132X)
    EXTENDED THE TIME FOR D&RGHF TO FILE AN OFFER OF FINANCIAL ASSISTANCE UNTIL MARCH 31, 1999.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RIO GRANDE AND MINERAL COUNTIES, CO · decision 30149
12. 30 Mar 1999 FD 30186
    --

    Entire Board · TONGUE RIVER RAILROAD COMPANY, INC.--RAIL CONSTRUCTION AND OPERATION--IN CUSTER, POWDER RIVER AND ROSEBUD COUNTIES, MONT. · also entered in FD 30186 (Sub-No. 2) · decision 30147
13. 30 Mar 1999 AB 33 (Sub-No. 132X)
    (1) GRANTED RG&SJ'S MOTION FOR PROTECTIVE ORDER; (2) DIRECTED PARTIES TO COMPLY WITH THE PROTECTIVE ORDER IN THE APPENDIX TO THIS DECISION; AND (3) APPROVED THE REQUEST FOR CONFIDENTIAL MATERIALS FILED UNDER SEAL AND SO DESIGNATED TO REMAIN UNDER SEAL AND NOT BE PLACED IN THE PUBLIC DOCKET OR OTHERWISE DISCLOSED TO THE PUBLIC.

    Secretary · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RIO GRANDE AND MINERAL COUNTIES, CO · decision 30145
14. 30 Mar 1999 AB 33 (Sub-No. 132X)
    (1) POSTONED THE EFFECTIVE DATE OF THE EXEMPTION IN ORDER TO PERMIT THE OFA PROCESS UNDER 49 U.S.C. 10904 AND 49 CFR 1152.27 TO PROCEED; (2) ESTABLISHED THAT IF RG&SJ AND UP CANNOT AGREE ON A PURCHASE OF THE LINE, EITHER PARTY MAY REQUEST THE BOARD TO ESTABLISH TERMS AND CONDITIONS OF THE PURCHASE PRICE ON OR BEFORE APRIL 26, 1999; AND (3) IF NO AGREEMENT IS REACHED AND NO REQUEST IS SUBMITTED BY THAT DATE, THE BOARD WILL SERVE A DECISION VACATING THIS DECISION ALLOWING THE ABANDONMENT EXEMPTION TO BECOME EFFECTIVE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN RIO GRANDE AND MINERAL COUNTIES, CO · decision 30144
15. 30 Mar 1999 FD 33723
    NOTICE OF ACQUISITION AND OPERATION EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · SAN JOAQUIN VALLEY RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--TULARE VALLEY RAILROAD COMPANY · decision 30106
16. 30 Mar 1999 AB 402 (Sub-No. 6X)
    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 10.7-MILE LINE OF RAILROAD, KNOWN AS THE MANAWA-SCANDINAVIA LINE, EXTENDING FROM MILEPOST 50.3 NEAR MANAWA TO THE END OF THE LINE AT MILEPOST 61.0 IN SCANDINAVIA, IN WAUPACA COUNTY, WI., SUBJECT TO TRAIL USE, ENVIRONMENTAL CONDITIONS, AND STANDARD LABOR PROTECTIVE CONDITIONS.

    Entire Board · FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN WAUPACA COUNTY, WI · decision 29990
17. 29 Mar 1999 AB 167 (Sub-No. 1176X)
    GRANTED MARYLAND MASS TRANSIT ADMINISTRATION'S REQUEST TO EXTEND THE NITU NEGOTIATION PERIOD TO SEPTEMBER 30, 1999.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION--ABANDONMENT EXEMPTION--IN WICOMICO COUNTY, MD · decision 30119
18. 29 Mar 1999 AB 68 (Sub-No. 3X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · LAKE SUPERIOR & ISHPEMING RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARQUETTE COUNTY, MI · decision 29987