Week of 21 Jun 1999

Decisions served

1. 25 Jun 1999 FD 33388
   NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT JUNE 16, 1999, BEFORE THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

   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 30332
2. 25 Jun 1999 AB 406 (Sub-No. 7X)
   GRANTED THE REQUEST TO EXTEND THE INTERIM TRIAL USE NEGOTIATING PERIOD AND EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU FOR A PERIOD OF 180 DAYS.

   Director Of Proceedings · CENTRAL KANSAS RAILWAY, LIMITED LIABILITY COMPANY--ABANDONMENT EXEMPTION--IN BARTON, ELLSWORTH AND RICE COUNTIES, KAN. · decision 30328
3. 25 Jun 1999 FD 33764
   NOTICE THAT R&R, A CLASS III RAIL COMMON CARRIER, HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE AND OPERATE SECTIONS OF TRACK IT HAS PURCHASED FROM SEVERAL NON-RAILROAD OWNERS.

   Director Of Proceedings · ROCK AND RAIL, INC.--ACQUISITION AND OPERATION EXEMPTION--RAILROAD LINES NEAR KELKER, EL PASO COUNTY, CO · decision 30315
4. 25 Jun 1999 AB 525 (Sub-No. 1X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · PITTSBURGH INDUSTRIAL RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ALLEGHENY COUNTY, PA · decision 30297
5. 25 Jun 1999 FD 33757
   NOTICE THAT DELAWARE TRANSPORTATION GROUP, INC. FILED A NOTICE OF EXEMPTION INVOLVING RESTRUCTURING OF THE CORPORATE FAMILY.

   Director Of Proceedings · DELAWARE TRANSPORTATION GROUP, INC.--CORPORATE FAMILY EXEMPTION--DIAMOND STATE PORT RAILWAY COMPANY, INC., AND GETTYSBURG RAILWAY COMPANY, INC. · decision 30294
6. 25 Jun 1999 FD 33756
   NOTICE OF EXEMPTION FILED BY DELAWARE TRANSPORTATION GROUP, INC. TO CONTINUE IN CONTROL OF DIAMOND STATE PORT RAILWAY COMPANY, INC.

   Director Of Proceedings · DELAWARE TRANSPORTATION GROUP, INC.--CONTINUACE IN CONTROL EXEMPTION -- DIAMOND STATE PORT RAILWAY, INC. · decision 30293
7. 25 Jun 1999 EP 527 (Sub-No. 2)
   NOTICE OF PROPOSED RULEMAKING, PROPOSING TO MODIFY THE REGULATIONS CONCERNING EXEMPTION AND REVOCATION PROCEEDINGS.

   Entire Board · PROCESSING OF EXEMPTION AND REVOCATION PROCEEDINGS · decision 30247
8. 25 Jun 1999 NOM 40819
   FOUND THAT THE ORIGINALLY CHARGED RATES WERE APPLICABLE TARIFFS RATES AND THERE WAS A BASIS FOR UARCO'S COLLECTION OF OVERCHARGES UNDER ITS COUNTERCLAIM AGAINST FREIGHTWAYS.

   Entire Board · UARCO INCORPORATED V. JAMES B. ORR AND FREIGHTWAYS EXPRESS, INC. · decision 29176
9. 24 Jun 1999 AB 55 (Sub-No. 569X)
   GRANTED CAMBRIDGE-GUERNSEY COUNTY COMMUNITY IMPROVEMENT CORPORATION'S PETITION TO (1) TOLL THE TIME PERIOD TO FILE AN OFA UNTIL JULY 14, 1999 (2) POSTPONED EFFECTIVE DATE OF THE EXEMPTION UNTIL JULY 24, 1999.

   Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN GUERNSEY AND NOBLE COUNTIES, OH · decision 30347
10. 24 Jun 1999 AB 364 (Sub-No. 4X)
    DIRECTED MMRR TO INFORM THE BOARD WHETHER IT IS WILLING TO NEGOTIATE FOR TRAIL USE AND CONCLUDED THAT THE REQUEST FOR A NITU WILL BE ADDRESSED IN A SEPARATE DECISION.

    Director Of Proceedings · MID-MICHIGAN RAILROAD, INC.--ABANDONMENT EXEMPTION-KENT AND IONIA COUNTIES, MI · decision 30317
11. 24 Jun 1999 MCC 35000
    (1) INSTITUTED A DECLARATORY ORDER PROCEEDING AND THE PROCEEDING WILL BE HANDLED UNDER THE MODIFIED PROCEDURE, ON THE BASIS OF WRITTEN STATEMENTS SUBMITTED BY THE PARTIES; AND (2) DIRECTED ALL PARTIES TO COMPLY WITH THE RULES OF PRACTICE, INCLUDING 49 CFR 1112 AND 1114.

    Entire Board · TRIPLE E TRANSPORT, INC.--PETITION FOR DECLARATORY ORDER · decision 29501
12. 24 Jun 1999 NOM 41533
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY RESPONDENT AGAINST PETITIONER WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 10701 AND SECTION 2(E) OF THE NRA OF 1993, AND DISCONTINUES THIS PROCEEDING.

    Entire Board · MAKITA U. S. A., INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF STEVE D. THOMPSON TRUCKING, INC. · decision 20971
13. 23 Jun 1999 FD 33765
    NOTICE THAT IC HAS AGREED TO GRANT LIMITED OVERHEAD TRACKAGE RIGHTS TO THE BNSF OVER IC'S RAIL LINE BETWEEN A POINT AT THE EAST END OF THE ST. CHARLES AIRLINE NEAR IC'S MILEPOST 1.7 AT CHICAGO, IL, AND A POINT NEAR IC'S MILEPOST 19.5 AT HARVEY, IL, A DISTANCE OF APPROXIMATELY 17.6 MILES.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--TRACKAGE RIGHTS EXEMPTION--ILLINOIS CENTRAL RAILROAD COMPANY · decision 30320
14. 23 Jun 1999 FD 33763
    NOTICE THAT CSXT HAS AGREED TO GRANT OVERHEAD TRACKAGE RIGHTS TO P&L OVER CSXT'S RAIL LINE BETWEEN P&L/CSXT CONNECTION AT MADISONVILLE, KY, AT OR NEAR MILEPOST OOH 275, AND THE DOTIKI MINES LOCATED ON CSXT'S MORGANFIELD BRANCH, AT OR NEAR MILEPOST MF-298.3, A TOTAL DISTANCE OF APPROXIMATELY 23 MILES.

    Director Of Proceedings · PADUCAH & LOUISVILLE RAILWAY, INC.--TRACKAGE RIGHTS EXEMPTION--CSX TRANSPORTATION, INC. · decision 30319
15. 23 Jun 1999 AB 55 (Sub-No. 574X)
    ISSUED HARLAN COUNTY FISCAL COURT A NOTICE OF INTERIM TRAIL USE.

    Director Of Proceedings · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN HARLAN COUNTY, KY · decision 30316
16. 23 Jun 1999 AB 6 (Sub-No. 382X)
    NOTICE THAT BNSF FILED WITH THE STB A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903 TO ABANDON ITS SWITCHING/INDUSTRIAL LEAD TRACK BEGINNING NORTH OF CORWITH YARD AT STATION 24+43 AND ENDING AT STATION 149+87 NEAR THE EAST END OF THE WESTERN AVENUE, BRIDGE, A TOTAL DISTANCE OF 2.38 MILES WITHIN THE CITY LIMITS OF CHICAGO, IN COOK COUNTY, IL.

    Director Of Proceedings · THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY--ABANDONMENT OF CHICAGO AREA TRACKAGE IN COOK COUNTY, IL · decision 30303
17. 23 Jun 1999 AB 33 (Sub-No. 136X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN HIDALGO COUNTY, TX · decision 30302
18. 23 Jun 1999 FD 33690
    (1) GRANTED THE STATE OF GEORGIA, ACTING BY AND THROUGH ITS GDOT A PETITION TO DISMISS A VERIFIED NOTICE OF EXEMPTION; AND (2) DISCONTINUED THIS PROCEEDING.

    Entire Board · STATE OF GEORGIA, DEPARTMENT OF TRANSPORTATION--ACQUISITION EXEMPTION--LINE OF CENTRAL OF GEORGIA RAILROAD COMPANY · decision 29979
19. 21 Jun 1999 FD 33751
    GRANTED GTW AND B&OCT'S MOTION, FILED JUNE 11, 1999, SUBJECT TO THE PROTECTIVE ORDER AND UNDERTAKINGS CONTAINED IN THE APPENDIX IN THIS DECISION.

    Secretary · GRAND TRUNK RAILROAD INCORPORATED AND THE BALTIMORE AND OHIO CHICAGO TERMINAL RAILROAD COMPANY -- JOINT RELOCATION PROJECT EXEMPTION -- HARVEY, ILLINOIS · decision 30322
20. 21 Jun 1999 AB 525 (Sub-No. 1X)
    NOTICE OF ABANDONMENT EXEMPTION AND ESTABLISHED A PROCEDURAL SCHEDULE.

    Director Of Proceedings · PITTSBURGH INDUSTRIAL RAILROAD, INC.--ABANDONMENT EXEMPTION--IN ALLEGHENY COUNTY, PA · decision 30295