|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|INDIANA SOUTHWESTERN RAILWAY CO.--ABANDONMENT EXEMPTION--IN POSEY AND VANDERBURGH COUNTIES, IND.|
|Director Of Proceedings|
|DECISION: (1) TOLLED THE TIME PERIOD FOR THE TOWN OF POSEYVILLE, IND. TO FILE AN OFFER OF FINANCIAL ASSISTANCE UNTIL DECEMBER 20, 2010; AND (2) POSTPONED UNTIL DECEMBER 30, 2010, THE EFFECTIVE DATE OF THE EXEMPTION IN THIS PROCEEDING.|
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|Full Text of Decision|
41297 SERVICE DATE – LATE RELEASE DECEMBER 10, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 1065X
IN POSEY AND
Decided: December 10, 2010
Indiana Southwestern Railway Co. (ISW) filed a verified
notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt
Abandonments to abandon 17.2 miles of interconnecting rail lines
extending between: (1) milepost 227.5 at
Poseyville, Ind., and milepost 240.2 near
On November 18, 2010, the Town of
By petition filed on December 8, 2010, the Town states that, to date, it has not received the requested information and documentation, and requests that the time period for it to submit an OFA be tolled until 10 days after it has received the date requested from ISW. By copy of a letter to the Town dated December 8, 2010, ISW informed the Board that it was providing the Town with the requested information.
The Board will consider requests to toll the period for filing an OFA when a petitioner has failed to provide a potential offeror with the information necessary to the development of an OFA and that information is not contained in the petition. See 49 C.F.R. § 1152.27(c)(2)(ii)(C). In this case, because the information necessary to formulate an OFA apparently only now has been provided and the Town’s OFA is otherwise due on December 10, 2010, the Town’s request will be granted. Accordingly, the Town’s OFA will be due to the Board by December 20, 2010, and the effective date of the exemption will be extended until December 30, 2010.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The time period for the Town to file an OFA is tolled until December 20, 2010.
2. The effective date of the exemption is postponed until December 30, 2010.
3. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.