Week of 15 Nov 1999

Decisions served

1. 19 Nov 1999 AB 57 (Sub-No. 48X)
   (1) CORRECTED THE DECISION SERVED NOVEMBER 17, 1999, TO REFLECT THE POSITION OF UNITED STATES CONGRESSMAN JOHN THUNE, AND MODIFIED FOOTNOTE 5.

   Entire Board · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARSHALL AND ROBERTS COUNTIES, SD · decision 30648
2. 19 Nov 1999 FD 33388
   DISMISSES CP'S, PETITION, AT THE PARTIES'S REQUST, TO RESOLVE A DISPUTE REGARDING TRACKAGE RIGHTS IN THE NEW YORK CITY AREA SINCE THEY HAVE SUCCESSFULLY NEGOTIATED A RESOLUTION OF THEIR DIFFERENCES

   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 30630
3. 19 Nov 1999 NOM 41241
   (1) FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY RITEWAY AGAINST PORTION-PAC WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 10701(A) AND SECTION 2(E) OF THE NRA; AND (2) DISCONTINUED THIS PROCEEDING.

   Entire Board · PORTION-PAC, INC.--PETITION FOR DECLARATORY ORDER--CERTAIN RATES AND PRACTICES OF RITEWAY SERVICES, INC. A/K/A GOLDEN ARROW FREIGHT SYSTEMS, INC. · decision 28981
4. 18 Nov 1999 AB 33 (Sub-No. 141X)
   NOTICE THAT UP FILED WITH THE BOARD A PETITION UNDER 49 U.S.C. 10502 FOR EXEMPTION FROM THE PROVISIONS OF 49 U.S.C. 10903-05 TO ABANDON A SEGMENT OF ITS LINE OR RAILROAD KNOWN AS THE SOUTH DRILL TRACK EXTENDING FROM MILEPOST 982.78 TO THE END OF THE LINE AT MILEPOST 984.70, A DISTANCE OF 1.92 MILES IN PIMA COUNTY, AZ.

   Director Of Proceedings · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN PIMA COUNTY, AZ · decision 30619
5. 18 Nov 1999 NOM 41997
   (1) FOUND THAT REGULATORY DEFENSES RAISED BY NSL AND GCS CONCERNING THE TIMELINESS OF THE CLAIMS OF THE TRUCK DRIVERS FOR DETENTION CHARGES ARE NOT VALID AND (2) DISCONTINUED THIS PROCEEDING.

   Entire Board · NSL, INC., V. OWEN EUGENE WHITLOCK, ET AL. · also entered in NOM 41998 · decision 29706
6. 17 Nov 1999 FD 32760 (Sub-No. 36)
   EXTENDED THE DEADLINE FOR UP TO FILE ITS REPLY TO TCU'S PETITION UNTIL NOVEMBER 22, 1999.

   Secretary · 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 (PETITION FOR ENFORCEMENT OF ARBITRATION AWARD) · decision 30636
7. 17 Nov 1999 AB 303 (Sub-No. 20X)
   REOPENED THIS PROCEEDING AND MODIFIED TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS PROCEEDING.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 30613
8. 17 Nov 1999 SUB 700-A
   (1) DIRECTED BNSF TO ACCOUNT FOR DEPRECIATION CHARGES BY APPLYING TO THE LEDGER VALUE OF ROAD PROPERTY, THE ANNUAL PERCENTAGE RATES SHOWN; AND (2) ORDERED BNSF TO MAKE EFFECTIVE THIS RETROACTIVE APPLICATION OF RATES BY ADJUSTING ITS 1999 ANNUAL ACCRUAL.

   Accounting Board · BURLINGTON NORTHERN SANTA FE RAILWAY , THE MATTER OF PRESCRIBING DEPRECTION RATES FOR USE IN COMPUTING DEPRECIATION CHARGES FOR RAILROADS · decision 30567
9. 17 Nov 1999 AB 57 (Sub-No. 48X)
   DENIED SOO'S PETITION UNDER 49 U.S.C. 10502 FROM PRIOR APPROVAL REQUIREMENTS OF 49 U.S.C. 10903 TO ABANDON A LINE OF RAILROAD EXTENDING FROM MILEPOST 208.8 TO THE END OF THE LINE AT MILEPOST 236.3, IN MARSHALL AND ROBERTS COUNTIES, SD.

   Entire Board · SOO LINE RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN MARSHALL AND ROBERTS COUNTIES, SD · decision 30438
10. 16 Nov 1999 FD 33508
    NOTICE THAT A COURT ACTION WAS INSTITUTED ON OR ABOUT NOVEMBER 4, 1999, INVOLVING THE ABOVE-ENTITLED PROCEEDING.

    Secretary · MISSOURI CENTRAL RAILROAD COMPANY--ACQUISITION AND OPERATION EXEMPTION--LINES OF UNION PACIFIC RAILROAD COMPANY · also entered in FD 33537 · decision 30627
11. 16 Nov 1999 FD 33813
    (1) INSTITUTED A PROCEEDING AND REQUESTS COMMENTS ON RAILAMERICA'S PETITION TO EXEMPT ITS ACQUISITION OF CONTROL OF RAILTEX AND RAILTEX'S CLASS III RAILROAD SUBSIDIARIES; AND (2) ADOPTED PETITIONERS EXPEDITED SCHEDULE.

    Entire Board · RAILAMERICA INC-CONTROL EXEMPTION-RAILTEX INC · decision 30624
12. 15 Nov 1999 FD 33816
    NOTICE THAT APPLICANTS HAVE FILED A VERIFIED NOTICE OF EXEMPTION UNDER 49 CFR 1180.2(D)(2) TO CONTINUE IN CONTROL OF WCRC.

    Director Of Proceedings · DAVID W. WULFSON, GARY E. WULFSON, LISA W. COTA, RICHARD C. SZUCH, AND PETER A. SZUCH--CONTROL EXEMPTION--WASHINGTON COUNTY RAILROAD COMPANY · decision 30622