Week of 8 May 2000

Decisions served

1. 12 May 2000 EP 582 (Sub-No. 1)
   CORRECTED TO REFLECT MR. RODRIQUEZ AS THE PARTY OF RECORD REPRESENTING HRC.

   Secretary · MAJOR RAIL CONSOLIDATION PROCEDURES · decision 31033
2. 12 May 2000 AB 534 (Sub-No. 1X)
   GRANTED MDNR AND LAKE STATE'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO OCTOBER 31, 2000.

   Director Of Proceedings · LAKE STATE RAILWAY COMPANY -- ABANDONMENT EXEMPTION -- IN ALPENA COUNTY, MI · decision 31027
3. 12 May 2000 AB 6 (Sub-No. 387X)
   NOTICE THAT BNSF HAS FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO ABANDON A 4.89-MILE LINE OF ITS RAILROAD BETWEEN MILEPOST 81.11 NEAR ST. JOSEPH AND MILEPOST 86.00 NEAR COLLEGEVILLE, IN STEARNS COUNTY, MN.

   Director Of Proceedings · BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY-- ABANDONMENT EXEMPTION --IN STEARNS COUNTY, MN · decision 31003
4. 12 May 2000 FD 33726
   GRANTED THE MOTION TO PARTICIPATE AS AMICUS CURIAE, AND (2) DISMISSED WESTERN COAL TRAFFICE LEAGUE'S COMPLAINT THAT THE UNION PACIFIC RAILROAD COMPANY IN ITS 1997 ANNUAL REPORT R-1 IMPROPERLY RECORDED CERTAIN EXPENSES ASSOCIATED WITH WIDESPREAD CONGESTION ON ITS GULF COAST REGION LINES AND WITH ITS MERGER WITH THE SOUTHERN PACIFIC TRANSPORTATION COMPANY.

   Entire Board · WESTERN COAL TRAFFIC LEAGUE V. UNION PACIFIC RAILROAD COMPANY · decision 30539
5. 12 May 2000 NOR 42022
   FOUND (1) THAT THE DEFENDANT RAILROAD HAS MARKET DOMINANCE OVER THE TRANSPORTATION INVOLVED WITH RESPECT TO 15 OF THE RATES, BUT NOT WITH RESPECT TO THE RATE APPLICABLE TO THE TRANSPORTATION OF COKE, (2) THAT THE 15 RATES THAT ARE SUBJECT TO MAXIMUM RATE REGULATION ARE UNREASONABLY HIGH, AND (3) DIRECTED MAXIMUM REASONABLE RATES ARE PRESCRIBED AND REPARATIONS ARE ORDERED.

   Entire Board · FMC WYOMING CORPORATION AND FMC CORPORATION V. UNION PACIFIC RAILROAD COMPANY · also entered in EP 346 (Sub-No. 29A) · decision 28578
6. 11 May 2000 AB 303 (Sub-No. 20X)
   (1)GRANTED WCL AND WISDNR'S REQUEST TO EXTEND THE NITU NEGOTIATION PERIOD FOR THAT PORTION OF THE LINE BETWEEN MILEPOST 198.37 AND MILEPOST 199.84 IS EXTENDED TO NOVEMBER 12, 2000; AND (2) ORDERED THE REMAINING PORTION OF THE LINE BETWEEN MILEPOST 199.84 AND MILEPOST 200 MAY BE FULLY ABANDONED ON MAY 17, 2000, IF THE ENVIRONMENTAL CONDITIONS IMPOSED IN THIS PROCEEDING HAVE BEEN MET.

   Director Of Proceedings · WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN BROWN COUNTY, WIS. · decision 31019
7. 10 May 2000 EP 582 (Sub-No. 1)
   INCORPORATED THE SERVICE LIST TO REFLECT THE ADDITIONS, DELETIONS, AND REVISIONS SHOWN IN THE APPENDIX ATTACHED TO THIS NOTICE.

   Secretary · MAJOR RAIL CONSOLIDATION PROCEDURES · decision 31029
8. 10 May 2000 FD 33853
   GRANTED CEMEX AND BNSF'S JOINT MOTION TO EXTEND THE PREVIOUSLY ADOPTED PROCEDURAL SCHEDULE.

   Secretary · CEMEX USA -- PETITION FOR DECLARATORY ORDER -- THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY · decision 31028
9. 10 May 2000 WCC 104
   ADOPTED THE PROTECTIVE ORDER AND CONFIDENTIALITY UNDERTAKING PROPOSED BY SEA STAR, EXCEPT AS DISCUSSED HEREIN, THAT ORDER APPEARS IN THE APPENDIX ATTACHED.

   Secretary · TRAILER BRIDGE, INC. V. SEA STAR LINES, LLC · decision 30980
10. 9 May 2000 AB 33 (Sub-No. 147X)
    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 · UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION-MCPHERSON AND SALINE COUNTIES, KS · decision 31008
11. 9 May 2000 NOR 41685
    (1) DENIED CF INDUSTRIES, INC.'S MOTION TO AMEND ITS COMPLAINT, DIRECTED (2) KOCH PIPELINE COMPANY, L.P., WITHIN 60 DAYS, ESTABLISH AND MAINTAIN PIPELINE RATES THAT DO NOT EXCEED THE RATES IN EFFECT ON MARCH 31, 1996, FOR TRANSPORTATION TO THE DESTINATIONS SERVING THE COMPLAINANTS, OTHER THAN PALMYRA, MO AND GARNER, IA AND (3) PAY REPARATIONS AND INTEREST, CALCULATED IN ACCORDANCE WITH 49 CFR PART 1141, BACK TO THE POINT WHEN IT INCREASED THE RATES ORDERED TO BE REDUCED BY PARAGRAPH 3 OF THE ORDERING PARAGRAPH IN THE ABOVE PROCEEDING.

    Entire Board · CF INDUSTRIES, INC. V. KOCH PIPELINE COMPANY, L.P. · decision 30976
12. 8 May 2000 FD 33868
    NOTICE THAT OMNITRAX, CKR, AND KSW, HAVE JOINTLY FILED A VERIFIED NOTICE OF EXEMPTION, MERGING KSW INTO CKR, WITH CKR AS THE SURVIVING CORPORATION.

    Director Of Proceedings · OMNITRAX INC., CENTRAL KANSAS RAILWAY, L.L.C., AND KANSAS SOUTHWESTERN RAILWAY, L.L.C.--CORPORATE FAMILY TRANSACTION EXEMPTION · decision 30993
13. 8 May 2000 NOM 41844
    FOUND THAT THE COLLECTION OF UNDERCHARGES ASSESSED BY BE-MAC AGAINST NICE-PAK, WOULD BE AN UNREASONABLE PRACTICE UNDER 49 U.S.C. 13711; AND DISCONTINUES THIS PROCEEDING.

    Entire Board · NICE-PAK PRODUCTS , INC. V. BE-MAC TRANSPORT COMPANY, INC. · decision 28687