Week of 6 Dec 1999

Decisions served

1. 10 Dec 1999 FD 33388
   (1) REOPENED THIS PROCEEDING, (2) ADDED THE NEGOTIATED AGREEMENT BETWEEN CSX AND THE TOWN OF ETNA GREEN, IN TO ENVIRONMENTAL CONDITION NO. 51 OF APPENDIX Q OF DECISION NO. 89, AND (3) AMENDED ENVIRONMENTAL CONDITION NO. 11 OF APPENDIX Q OF DECISION 89 TO DELETE THE TOWN OF ETNA GREEN, IN BECAUSE THE NOISE MITIGATION FOR THAT COMMUNITY HAS BEEN SUPERSEDED BY THE CSX/ETNA GREEN NEGOTIATED AGREEMENT.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 30654
2. 10 Dec 1999 EP 558 (Sub-No. 3)
   INSTITUTED A PROCEEDING TO DETERMINE THE RAILROAD INDUSTRY'S COST OF CAPITAL FOR 1999.

   Entire Board · RAILROAD COST OF CAPITAL - 1999 · decision 30643
3. 10 Dec 1999 AB 563 (Sub-No. 1X)
   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 · KANSAS EASTERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN BUTLER AND GREENWOOD COUNTIES, KS · decision 30607
4. 10 Dec 1999 AB 31 (Sub-No. 36X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · GRAND TRUNK WESTERN RAILROAD INCORPORATED--ABANDOMENT EXEMPTION--RAIL LINE IN DETROIT, MI · decision 30590
5. 10 Dec 1999 AB 402 (Sub-No. 7X)
   CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENTS REGARDING THE ENVIRONMENTAL ASSESSMENT.

   Chief Of Section Of Environmental Analysis · FOX VALLEY & WESTERN LTD.--ABANDONMENT EXEMPTION--IN FOND DU LAC AND WASHINGTON COUNTIES, WI · decision 30579
6. 10 Dec 1999 WCC 104
   --

   Entire Board · TRAILER BRIDGE, INC. V. SEA STAR LINES, LLC · decision 30491
7. 9 Dec 1999 AB 303 (Sub-No. 17X)
   GRANTED WCL'S AND MDNR'S REQUEST TO EXTENDED THE NEGOTIATING PERIOD UNDER THE NITU TO JUNE 8, 2000.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN MARQUETTE AND ALGER COUNTIES, MI · decision 30650
8. 8 Dec 1999 AB 406 (Sub-No. 6X)
   REAFFIRMED AND CLARIFIED OUR PRIOR DECISION AS SET FORTH IN THE DECISION.

   Entire Board · CENTRAL KANSAS RAILWAY, LIMITED LIABILITY COMPANY--ABANDONMENT EXEMPTION--IN MARION AND MCPHERSON COUNTIES, KS · decision 30644
9. 8 Dec 1999 NOR 41687
   (1) OVERRULED OBJECTIONS BY CP TO NEW ALLEGATIONS IN GRAIN LAND'S SECOND AMENDED COMPLAINT, (2) DENIED MOTIONS BY CP TO DISMISS COUNT 2 AND 4 OF THE COMPLAINT, (3) GRANTED A MOTION BY CP TO DISMISS COUNT 3 OF THE COMPLAINT, AND (4) DIRECTED THE PARTIES TO SUBMIT A PROPOSED PROCEDURAL SCHEDULE.

   Entire Board · GRAIN LAND COOP V. CANADIAN PACIFIC LIMITED AND SOO LINE RAILROAD COMPANY D/B/A CP RAIL SYSTEM · decision 28870
10. 7 Dec 1999 AB 391 (Sub-No. 7X)
    CONCLUDED THAT AN ENVIRONMENTAL IMPACT STATEMENT PROCESS IS UNNECESSARY AND INVITED PUBLIC COMMENT REGARDING THE ENVIRONMENTAL ASSESSMENT.

    Chief Of Section Of Environmental Analysis · RED RIVER VALLEY & WESTERN RAILROAD COMPANY-- ABANDONMENT EXEMPTION--IN MCLEAN, SHERIDAN AND WELLS COUNTIES, ND · decision 30635
11. 7 Dec 1999 FD 33795
    DENIED REQUEST OF THE AMERICAN PLANT FOOD CORPORATION FOR EXPEDITED RELIEF TO ALLEVIATE AN ALLEGED SERVICE EMERGENCY.

    Entire Board · AMERICAN PLANT FOOD CORPORATION--ALTERNATIVE RAIL SERVICE--LINE OF TEXAS NORTHEASTERN RAILROAD · decision 30632
12. 6 Dec 1999 FD 33821
    FOUND THAT CITY AND UTU-IL HAVE FAILED TO DEMONSTRATE ENTITLEMENT TO A STAY UNDER THE GOVERNING CRITERIA, AND, ACCORDINGLY, THEIR REQUEST WILL BE DENIED.

    Commissioner · UNION PACIFIC RAILROAD COMPANY--TRACKAGE RIGHTS EXEMPTION--ELGIN, JOLIET AND EASTERN RAILWAY COMPANY · decision 30669
13. 6 Dec 1999 ISM 35004
    (1) NCC NOTIFIED THE BOARD BY LETTER FILED ON NOVEMBER 26, 1999, THAT IT IS CANCELING THE CLASSIFICATION PROPOSAL THAT IS THE SUBJECT OF THE INVESTIGATION; AND (2) DISCONTINUED THIS PROCEEDING.

    Secretary · PROTEST OF NCC ACTION TAKEN MAY 3 1999 · decision 30658
14. 6 Dec 1999 FD 33810
    (1) GRANTED WCLL'S REQUEST TO WITHDRAW THE NOTICE OF EXEMPTION; AND (2) DISMISSED THE PROCEEDING IN STB FINANCE DOCKET NO. 33810.

    Secretary · WISCONSIN CHICAGO LINK LTD.--LEASE EXEMPTION--PENNSYLVANIA LINES LLC · decision 30651
15. 6 Dec 1999 FD 33825
    NOTICE THAT WCLL HAS FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1150.31 TO ACQUIRE FROM WCL APPROXIMATELY 4.1 MILES OF RAIL LINE EXTENDING BETWEEN MILEPOST 10.9 IN FOREST PARK, IL, AND MILEPOST 15.0 IN FRANKLIN PARK, IL.

    Director Of Proceedings · WISCONSIN CHICAGO LINK LTD.--ACQUISITION EXEMPTION--WISCONSIN CENTRAL LTD. · decision 30649