|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|PORT OF IVORY, LLC--OPERATION EXEMPTION--LINE OF RAILROAD IN TULARE COUNTY, CAL.|
|Director Of Proceedings|
|DECISION HOLDS THIS PROCEEDING IN ABEYANCE UNTIL APRIL 29, 2011, AND INSTRUCTS THE PARTIES TO NOTIFY THE BOARD ON THE STATUS OF THE NEGOTIATIONS.|
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|Full Text of Decision|
41579 SERVICE DATE – LATE RELEASE APRIL 26, 2011
SURFACE TRANSPORTATION BOARD
Docket No. FD 35475
PORT OF IVORY, LLC—OPERATION EXEMPTION—LINE OF RAILROAD IN TULARE COUNTY, CAL.
Decided: April 26, 2011
Port of Ivory, LLC (Port), a limited liability company and noncarrier, filed a verified notice of exemption under 49 C.F.R. § 1150.31 to operate about 1,500 track feet of existing railroad trackage inside an existing industrial facility it owns in Tulare County, Cal. Notice of the exemption was served and published in the Federal Register on March 18, 2011 (76 Fed. Reg. 15,047).
On March 29, 2011, the San Joaquin Valley Railroad Company (SJVR) filed a petition to reject the notice of exemption, alleging that the notice contains significant false and misleading information rendering it void ab initio.
By decision served on April 5, 2011, at the parties’ request, the proceeding was held in abeyance until April 15, 2011, to allow Port and SJVR time to resolve their differences. In that decision, the parties were directed to notify the Board on the status of the negotiations on or before April 15, 2011. By decision served on April 15, 2011, at the parties’ request, an extension was granted to hold the proceeding in abeyance until April 22, 2011, to give the parties additional time to reach a negotiated resolution. In the decision, the parties were directed to notify the Board on the status of the negotiation on or before April 22, 2011.
By letter filed on April 22, 2011, Port requests a further extension to hold the proceeding in abeyance until April 29, 2011. Port indicates that representatives of Port and SJVR have continued to talk but have not reach a final disposition because of the intervening Easter holiday and related travel. Port states that counsel for SJVR consents to this request.
The request to hold this proceeding in abeyance is reasonable and will be granted. Accordingly, this proceeding will be held in abeyance for an additional week, until April 29, 2011. The parties are directed to notify the Board on the status of the negotiations on or before April 29, 2011.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. This proceeding will be held in abeyance until April 29, 2011.
2. The parties are directed to notify the Board on the status of the negotiations on or before April 29, 2011.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 A protective order was served on March 25, 2011.