42028                                 SERVICE DATE—NOVEMBER 16, 2011

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. AB 43 (Sub-No. 185X)

 

ILLINOIS CENTRAL RAILROAD COMPANY—DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION—IN MADISON, YAZOO, HOLMES, CARROLL MONTGOMERY, GRENADA, YALOBUSHA, TALLAHATCHIE, PANOLA, TATE, AND DESOTO COUNTIES, MISS.

 

Decided:  November 16, 2011

 

This decision grants a request for leave to withdraw the notice of exemption that is the subject of this docket.  On September 28, 2011, Illinois Central Railroad Company (IC) filed a verified notice of exemption under 49 C.F.R. pt.1152 subpart F–Exempt Abandonments and Discontinuances of Service to discontinue its limited overhead trackage rights over approximately 175.4 miles of rail line known as the Grenada Line, owned by Grenada Railway LLC (GRYR), extending between milepost 403.0 at Southaven and milepost 703.8 near Canton, in Madison, Yazoo, Holmes, Carroll, Montgomery, Grenada, Yalobusha, Tallahatchie, Panola, Tate, and Desoto Counties, Miss.  Notice of the exemption was served and published in the Federal Register on October 18, 2011 (76 Fed. Reg. 64,427).

 

By letter filed on November 14, 2011, IC requests leave to withdraw the notice of exemption.  IC states that it filed its notice because, under its trackage rights agreement with GRYR, IC agreed that, if GRYR sought regulatory authority to abandon the GRYR lines, IC would seek regulatory authority to discontinue the trackage rights at the same time.  GRYR sought such abandonment authority on September 20, 2011.[1]  IC notes that, on November 10, 2011, GRYR filed a letter requesting leave to withdraw its abandonment petition, and that the Board granted the request.[2]  IC states that its request to discontinue its trackage rights over the line is now moot, because GRYR is no longer seeking to abandon a portion of the line.  In light of these facts, the request for leave to withdraw the notice of exemption is reasonable and will be granted.

 

This action will not significantly affect either the quality of the human environment or the conservation of energy resources.

It is ordered:

 

1.      IC’s request for leave to withdraw its notice of exemption is granted.

 

2.  This proceeding is discontinued.

 

3.  This decision is effective on its date of service.

 

By the Board, Rachel D. Campbell, Director, Office of Proceedings.