|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|SHANNON TRANSPORT, INC.--ABANDONMENT EXEMPTION--IN CLARION COUNTY, PA|
|Director Of Proceedings|
|DECISION GRANTED ALLEGHENY VALLEY LAND TRUST'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING TO JULY 12, 2010.|
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|Full Text of Decision|
40555 SERVICE DATE – LATE RELEASE JANUARY 29, 2010
SURFACE TRANSPORTATION BOARD
STB Docket No. AB-1004X
SHANNON TRANSPORT, INC.—ABANDONMENT EXEMPTION—
Decided: January 29, 2010
Shannon Transport, Inc. (STI),
filed a notice of exemption under 49 CFR 1152 Subpart F–Exempt
Abandonments to abandon approximately 12.5 miles of rail line, extending
between milepost 6.0 and milepost 4.0 in or near Lawsonham, and the connecting
line between milepost 0.0 near Lawsonham and milepost 10.5 near Sligo, in
By decision and notice of interim trail use or abandonment (NITU) served on July 27, 2007 (July 2007 decision), the proceeding was reopened and a 180-day period was authorized for Allegheny Valley Land Trust (Allegheny Valley) to negotiate an interim trail use/rail banking agreement with STI for the right-of-way involved in this proceeding pursuant to the National Trails System Act, 16 U.S.C. 1247(d) (Trails Act). The negotiating period under the NITU was extended by several decisions, with the most recent decision served on July 28, 2009. The latest NITU extension expired on January 13, 2010.
By letter filed on January 20,
Where, as here, the carrier has not
consummated the abandonment at the end of the previously imposed negotiating
period and is willing to continue trail use negotiations, the Board retains
jurisdiction and the NITU negotiating period may be extended. Under the circumstances, further extension of
the negotiating period is warranted. See
Birt v. STB, 90 F.3d 580, 588-90 (D.C. Cir. 1996);
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
2. The negotiating period under the NITU is extended to July 12, 2010.
3. This decision is effective on its service date.
By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.
 The June
2007 notice embraced STB Docket No. AB-369 (Sub-No. 6X),
 In addition to interim trail use, the July 2007 decision also imposed a public use condition that expired on January 24, 2008, and may not be extended, and a consultation condition regarding the salvage of the line.
 See Rail Abandonments–Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).