35885                           SERVICE DATE – LATE RELEASE MAY 18, 2005

SEC

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

STB Docket No. 42090

 

WTL RAIL CORPORATION–PETITION FOR DECLARATORY RELIEF

 

Ex Parte No. 230 (Sub-No. 8)[1]

 

IMPROVEMENT OF TOFC/COFC REGULATION–

WTL RAIL CORPORATION PETITION FOR PARTIAL

REVOCATION OF EXEMPTION

 

Decided:  May 18, 2005

 

 

            On December 14, 2004, WTL Rail Corporation (WTL) filed a petition under 5 U.S.C. 554(e) and 49 U.S.C. 721 seeking a declaratory ruling from the Board that:  (1) certain practices of CSX Transportation, Inc. (CSXT) constitute an unreasonable practice in violation of 49 U.S.C. 10702 and 10704(a)(1); and (2) CSXT’s refusal to use WTL’s trailers as part of its 48-foot trailer fleet jeopardizes CSXT’s ability to fulfill its car service obligations under 49 U.S.C. 11121-22.  WTL seeks a cease and desist order.  WTL also asks that the Board compel CSXT to use WTL’s trailers and set a “default” rate for trailer compensation in the event the parties are unable to reach terms through negotiation.  WTL concurrently filed a petition under 49 U.S.C. 10502(d) and 49 CFR 1121.1, et seq. for partial revocation of the class exemption adopted in Improvement of TOFC/COFC Regulation, 364 I.C.C. 731 (1981).

 

            By decision served on February 8, 2005, CSXT and CSX Intermodal (CSXI) were granted an extension until February 15, 2005, to respond to WTL’s petitions.  Decisions served February 15, March 17, and April 15, 2005, granted requests by the parties to hold the proceedings in abeyance to give them additional time to conduct settlement discussions.  The most recent decision held the proceedings in abeyance until May 18, 2005, and directed the parties to report back to the Board on May 16, 2005, as to the status of those discussions and as to when CSXT and CSXI replies, if any, should be due.

 

            In a letter filed on May 17, 2005, CSXT and CSXI report that the parties are continuing discussions on the issues raised in WTL’s petitions, and that the discussions have advanced the likelihood of a settlement in these proceedings.  CSXT and CSXI request that the Board continue to hold these proceedings in abeyance for another 30 days to give the parties additional time to conduct settlement discussions.  Counsel for CSXT and CSXI states that WTL has agreed to the extension request.

 

            The request to continue to hold these proceedings in abeyance is reasonable and will be granted.  The parties are directed to report back to the Board on June 15 2005, as to the status of those discussions and as to when CSXT and CSXI replies, if any, should be due.

 

            It is ordered:

 

            1.  These proceedings will be held in abeyance until June 17, 2005.

            2.  This decision is effective on the date served.

            By the Board, Vernon A. Williams, Secretary.

 

                                                                                    Vernon A. Williams

                                                                                             Secretary