Week of 12 Jul 1999

Decisions served

1. 16 Jul 1999 ISM 35004
   (1) SUSPENDED AND DEFERRED THE REVISIONS TO ITEMS PROPOSED IN SUPPLEMENT 5 TO TARIFF STB NMF 100-Y; AND (2) INSTITUTED AN INVESTIGATION INTO ALL ISSUES RELATING TO THE LAWFULNESS OF THE SUSPENDED PROVISIONS, AND THE AFFECTED PROVISIONS MUST REMAIN UNCHANGED UNTIL THIS PROCEEDING HAS BEEN CONCLUDED.

   Entire Board · PROTEST OF NCC ACTION TAKEN MAY 3 1999 · decision 30389
2. 16 Jul 1999 FD 33767
   NOTICE THAT GTW AGREED TO GRANT NON-EXCLUSIVE OVERHEAD TRACKAGE RIGHTS TO CSXT, OVER MAIN LINE TRACK OF GTW BETWEEN THE PROPOSED CN/CONSOLIDATED RAIL CORPORATION CONNECTION AT MILWAUKEE JUNCTION, DETROIT, MI, NEAR MILEPOST 54.6 AND THE EXISTING CN CONNECTION WITH NORFOLK SOUTHERN RAILWAY COMPANY AT WEST DETROIT, MI, NEAR MILEPOST 50.2, ON CN'S SHORELINE SUBDIVISION, A TOTAL DISTANCE OF APPROXIMATELY 4.4 MILES.

   Director Of Proceedings · CSX TRANSPORTATION INC-TRACKAGE RIGHTS EXEMPTION -GRAND TRUNK WESTERN RAILROAD INCORPORATED · decision 30358
3. 16 Jul 1999 AB 55 (Sub-No. 566X)
   (1) GRANTED CSXT A PETITION FOR EXEMPTION TO ABANDON A PORTION OF ITS JACKSONVILLE SERVICE LANE, KINGSLAND SUBDIVISION, BETWEEN MILEPOST S-634.85 AND S-635.09 IN JACKSONVILLE, DUVAL COUNTY, FL, SUBJECT TO STANDARD LABOR PROTECTIVE CONDITIONS AND AN ENVIRONMENTAL CONDITION AND (2) SETS A PROCEDURAL SCHEDULE.

   Entire Board · CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN DUVAL COUNTY, FL · decision 30314
4. 16 Jul 1999 AB 555 (Sub-No. 2X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · THE OHIO & PENNSYLVANIA RAILROAD COMPANY-ADVERSE DISCONTINUANCE OF SERVICE EXEMPTION-BETWEEN YOUNGSTOWN, OH, AND DARLINGTON, PA, IN MAHONING AND COLUMBIANA COUNTIES, OH, AND BEAVER COUNTY, PA · also entered in AB 556 (Sub-No. 2X) · decision 30301
5. 15 Jul 1999 AB 57 (Sub-No. 46X)
   GRANTED JOINT REQUEST TO EXTEND THE TIME PERIOD FOR EITHER PARTY TO REQUEST THE TERMS AND CONDITIONS OF THE PURCHASE TO AUGUST 15, 1999.

   Director Of Proceedings · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN ST. PAUL, RAMSEY COUNTY, MN · decision 30400
6. 15 Jul 1999 SUB 837-F
   (1) DIRECTED IC TO ACCOUNT FOR DEPRECIATION CHARGES BY APPLYING TO THE LEDGER VALUE OF ROAD PROPERTY, THE ANNUAL COMPOSITE PERCENTAGE RATES SHOWN; AND (2) ORDERED IC TO REALLOCATE THE BOOK ACCUMULATED DEPRECIATION IN 1999 AMONG ROAD ACCOUNTS.

   Accounting And Valuation Board · ILLINOIS CENTRAL RAILROAD COMPANY · decision 30386
7. 15 Jul 1999 AB 33 (Sub-No. 120X)
   EXTENDED THE AGENCIES NEGOTIATING PERIOD UNDER THE NITU UNTIL JANUARY 31, 2000.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT AND DISCONTINUANCE OF SERVICE EXEMPTION--IN WARREN COUNTY, IA · decision 30382
8. 15 Jul 1999 FD 33778
   GRANTED L&I'S MOTION FOR A PROTECTIVE ORDER.

   Secretary · LOUISVILLE & INDIANA RAILROAD COMPANY -- TRACKAGE RIGHTS EXEMPTION -- NEW YORK CENTRAL LINES LLC AND CSX TRANSPORTATION, INC · decision 30378
9. 15 Jul 1999 FD 33753 (Sub-No. 1)
   NOTICE THAT SOUTH PLAINS, A CLASS III RAIL COMMON CARRIER, HAS FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1150.41 TO ACQUIRE APPROXIMATELY 74,384 FEET OF RAIL LINES FROM BNSF IN LUBBOCK, TX.

   Director Of Proceedings · SOUTH PLAINS SWITCHING, LTD. CO.--ACQUISITION EXEMPTION--BNSF RAILWAY COMPANY · decision 30370
10. 15 Jul 1999 FD 33767
    GRANTED CSXT'S MOTION FOR A PROTECTIVE ORDER.

    Secretary · CSX TRANSPORTATION INC-TRACKAGE RIGHTS EXEMPTION -GRAND TRUNK WESTERN RAILROAD INCORPORATED · decision 30359
11. 14 Jul 1999 FD 33762
    GRANTED DRI'S PETITION FOR AN EXTENSION, AND IT IS AUTHORIZED TO PERFORM SERVICE ON THE LINE UNTIL 11:59 P.M. ON AUGUST 15, 1999.

    Entire Board · DENVER ROCK ISLAND RAILROAD--ALTERNATIVE RAIL SERVICE--LINES OF KANSAS SOUTHWESTERN RAILWAY, L.L.C. · decision 30393
12. 14 Jul 1999 AB 167 (Sub-No. 1094A)
    (1) GRANTED THE CITY AND METROPOLITAN TRANSPORTATION AUTHORITY OF THE STATE OF NEW YORK REQUESTS FOR LEAVE TO LATE-FILE STATEMENTS AND (2) DENIED CHELSEA PROPERTY OWNERS' MOTION FOR ISSUANCE OF A CERTIFICATE OF ABANDONMENT AND FOR AN ORDER REQUIRING CONSUMMATION OF ABANDONMENT.

    Entire Board · CHELSEA PROPERTY OWNERS--ABANDONMENT--PORTION OF THE CONSOLIDATED RAIL CORPORATION'S WEST 30TH STREET SECONDARY TRACK IN NEW YORK, NY · decision 30024
13. 14 Jul 1999 MCF 20931
    (1) DENIED AIRPORT BUS REQUEST TO INSTITUTE AN INVESTIGATION TO REVOKE COACH'S PREVIOUSLY GRANTED EXEMPTIONS BASED UPON COACH'S ALLEGED ABUSE OF THE EXEMPTION PROCESS; (2) FOUND THAT THE PROPOSED ACQUISITIONS OF CONTROL ARE CONSISTENT WITH THE PUBLIC INTEREST AND SHOULD BE AUTHORIZED.

    Entire Board · COACH USA, INC., AND COACH USA NORTH CENTRAL, INC.--CONTROL--NINE MOTOR PASSENGER CARRIERS · also entered in MCF 20932, MCF 20933, MCF 20934, MCF 20935, MCF 20937 · decision 29993
14. 14 Jul 1999 NOR 42003
    (1) DENIED COUNT 1 OF APL'S COMPLAINT; (2) GRANTED COUNT 2 OF APL'S COMPLAINT TO THE EXTENT THAT BNSF IS DIRECTED TO CEASE AND DESIST FROM VIOLATING 49 U.S.C. 11101(E),10702(2) AND 11121(A)(1) AND TO COMPLY WITH ITEM 454-B OF THE MILEAGE TARIFF, REQUIRING THAT APL CARS BE RETURNED EMPTY.

    Entire Board · APL LAND TRANSPORTATION SERVICES, INC. V. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 28583
15. 14 Jul 1999 NOM 41594
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY JONES AGAINST NULITE, WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 10701 (A) AND SECTION 2(E) OF THE NRA OF 1993, AND DISCONTINUED THIS PROCEEDING.

    Entire Board · NEWMAN LIGHTING COMPANY D/B/A NULITE, LTD.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF JONES TRUCK LINES, INC. · decision 21459
16. 13 Jul 1999 NOR 42022
    GRANTED COMPLAINANTS REQUEST FOR A 3-WEEK EXTENSION TO TIME TO FILE THEIR BRIEFS UNTIL JULY 29, 1999 AND THE DUE DATE FOR FILING THE REMAINDER OF THE PARTIES' BRIEFS IS EXTENDED TO AUGUST 12, 1999.

    Secretary · FMC WYOMING CORPORATION AND FMC CORPORATION V. UNION PACIFIC RAILROAD COMPANY · decision 30390
17. 13 Jul 1999 FD 33388
    ACKNOWLEDGED THE ADOPTION, BY NORFOLK SOUTHERN RAILWAY COMPANY, THE OHIO RAIL DEVELOPMENT COMMISSION, AND THE PUBLIC UTILITIES COMMISSION OF OHIO, OF A RAILROAD CORRIDOR SAFETY AGREEMENT.

    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 30383
18. 13 Jul 1999 AB 33 (Sub-No. 137X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION-- IN ADA COUNTY, ID · decision 30341
19. 12 Jul 1999 FD 33773
    NOTICE THAT GTW, A SUBSIDIARY OF CN, HAS AGREED TO GRANT LIMITED, NON-EXCLUSIVE OVERHEAD TRACKAGE RIGHTS TO CONRAIL OVER A 4.4-MILE SEGMENT OF GTW'S SHORELINE SUBDIVISION BETWEEN THE PROPOSED CN/CONRAIL CONNECTION AT MILWAUKEE JUNCTION, NEAR MILEPOST 54.6 AND THE EXISTING CONNECTION WITH NSR AT WEST DETROIT, MI, NEAR MILEPOST 50.2, ON CN'S SHORELINE SUBDIVISION.

    Director Of Proceedings · CONSOLIDATED RAIL CORPORATION-TRACKAGE RIGHTS-GRAND TRUNK WESTERN RAILROAD INCORPORATED · decision 30365
20. 12 Jul 1999 FD 32760
    ADDRESSED A REQUEST BY THE BNSF FOR A DETERMINATION WHETHER, UNDER THOSE CONDITIONS, IT HAS THE RIGHT TO SERVE A PARTICULAR SHIPPER LOCATED WITHIN A UP'S YARD THAT IS ADJACENT TO A LINE OVER WHICH BNSF HAS TRACKAGE RIGHTS.

    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 30288