|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|UNION PACIFIC RAILROAD COMPANY-ABANDONMENT-IN NEW MADRID, SCOTT, AND STODDARD COUNTIES, MO.|
|Director Of Proceedings|
|DECISION GRANTED A REQUEST TO EXTEND THE CERTIFICATE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD AN ADDITIONAL 180 DAYS FROM THE DECEMBER 9, 2010 EXPIRATION DATE UNTIL JUNE 1, 2011.|
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|Full Text of Decision|
41324 SERVICE DATE – DECEMBER 29, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 33 (Sub-No. 261)
PACIFIC RAILROAD COMPANY—ABANDONMENT—IN NEW
Decided: December 28, 2010
By decision and certificate of interim trail use or abandonment (CITU) served on June 17, 2009 (June 2009 decision), the Board, under 49 U.S.C. § 10903, granted the abandonment application of Union Pacific Railroad Company (UP) for its Essex-to-Miner Line, extending from milepost 196.7, near Essex, to milepost 216.27, near Miner, a distance of 19.57 miles, in New Madrid, Scott, and Stoddard Counties, Mo., subject to public use, environmental, and standard employee protective conditions, as well as a trail use condition authorizing a 180‑day period for a party to negotiate an interim trail use/rail banking agreement with UP. The negotiating period under the CITU was extended until December 9, 2010, by decision served on June 10, 2010.
On December 7, 2010, the City of Sikeston (Sikeston) filed
a letter notifying the Board that it has been engaged in negotiations with UP
regarding a trail use agreement but, to date, those negotiations have not led
to the completion of a final agreement.
Where, as here, the carrier has not
consummated the abandonment at the end of the previously imposed negotiating
period and has indicated its willingness to continue negotiations, the Board
retains jurisdiction and the CITU negotiating period may be extended.  Under the circumstances, further extensions
of the negotiating periods are warranted.
See Birt v. STB, 90 F.3d 580, 588-90 (D.C. Cir.
1996); Grantwood Vill. v.
This decision will not significantly affect either the quality of the human environment or conservation of energy resources.
It is ordered:
2. This decision is effective on its service date.
By the Board, Julia M. Farr, Acting Director, Office of Proceedings.
 The public use condition expired on June 14, 2010, and by statute may not be extended beyond the 180-day period. The conditions imposed in the June 2009 decision remain in effect.