|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|UNION PACIFIC RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN FULTON AND PEORIA COUNTIES, ILL.|
|Director Of Proceedings|
|DECISION GRANTED ILLINOIS DEPARTMENT OF NATURAL RESOURCES' REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL NOVEMBER 12, 2010.|
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|Full Text of Decision|
40804 SERVICE DATE – LATE RELEASE MAY 18, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 33 (Sub-No. 262X)
UNION PACIFIC RAILROAD COMPANY–ABANDONMENT EXEMPTION–
Decided: May 17, 2010
Union Pacific Railroad Company (UP) filed a notice of exemption under 49 C.F.R. § 1152 Subpart F—Exempt Abandonments to abandon a 24.7-mile line of railroad on UP’s Elm Industrial Lead from milepost 461.5, near Middle Grove, to milepost 486.2, at Molitor Junction, in Fulton and Peoria Counties, Ill. Notice of the exemption was served on July 23, 2008, and published in the Federal Register on July 28, 2008 (73 Fed. Reg. 43,823). By decision and notice of interim trail use or abandonment (NITU) served on November 13, 2008, the proceeding was reopened and a 180-day period was authorized for the Illinois Department of Natural Resources (IDNR) to negotiate an interim trail use/rail banking agreement with UP for the right-of-way involved in this proceeding. By decisions served on May 11, 2009, and November 24, 2009, the NITU negotiating period was extended until May 10, 2010.
On April 30, 2010, IDNR filed a letter dated April 19, 2010, requesting an extension of the NITU negotiating period until November 12, 2010. IDNR states that it continues to work and has included outside consultants to compile specific information in an effort to satisfy its negotiations needs, and has been in direct contact with UP but does not believe that the parties will be able to finalize negotiations during the current negotiation period. By letter filed on April 29, 2010, UP consents to IDNR’s request to extend the NITU.
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.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. IDNR’s request to extend the NITU negotiating period is granted.
2. The negotiating period under the NITU is extended until November 12, 2010.
3. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 Although the
request exceeds the customary request of 180 days (here,
November 6, 2010), the Board has granted such requests in the
past. See, e.g.,
Southern Pacific Transp. Co.–Aban.
Exemption–Wendel-Alturas Line in Modoc and
 See Rail Aban.–Use of Rights-of-Way as Trails–Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).