|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN WARE COUNTY, GA.|
|Director Of Proceedings|
|DECISION GRANTED THE REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO SEPTEMBER 23, 2010, AND EXTENDED THE TIME TO CONSUMMATE THE ABANDONMENT UNTIL ON OR BEFORE NOVEMBER 22, 2010.|
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|Full Text of Decision|
40695 SERVICE DATE – APRIL 26, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 55 (Sub-No. 675X)
CSX TRANSPORTATION, INC.–ABANDONMENT EXEMPTION–IN
Decided: April 23, 2010
On February 1, 2008, a decision and notice of interim trail use or abandonment (NITU) was served authorizing a 180-day period, until July 31, 2008, for the City of Waycross, GA. (Waycross), to negotiate an interim trail use/rail banking agreement with CSX Transportation, Inc. (CSXT) for a 1.08‑mile rail line on CSXT’s Southern Region, Jacksonville Division, Fitzgerald Subdivision, between mileposts AP 588.84 and AP 587.76 in Waycross, Ware County, GA. The negotiating period under the NITU was subsequently extended, with the latest extension expiring on March 27, 2010.
filed on March 22, 2010,
Even if a
negotiating period expires, when a carrier consents to continuing negotiations
and has not consummated the abandonment of the line, the Board continues to
have jurisdiction to grant an extension.
Under the circumstances, further extension of the negotiating period is
warranted. See Birt v. STB,
90 F.3d 580, 588-90 (D.C. Cir. 1996); Grantwood Village v. Missouri Pac.
R.R. Co., 95 F.3d 654, 659 (8th Cir. 1996), cert. denied, 519
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The request to extend the interim trail use negotiating period is granted.
2. The request to extend the time to consummate the abandonment and file a notice of consummation is dismissed as moot.
3. The negotiating period under the NITU is extended to September 23, 2010.
4. The authority to abandon must be exercised, and the notice of consummation must be filed, on or before November 22, 2010.
5. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 The February 1 decision authorized the exemption subject to a self-executing environmental condition requiring CSXT to consult with the National Geodetic Survey (NGS) and notify NGS at least 90 days prior to beginning salvage activities that will disturb or destroy any geodetic station markers.
 Under 49 C.F.R. § 1152.29(e)(2), a railroad may, for good cause shown, file a request for an extension of time to file a notice of consummation in abandonment proceedings. Because the same provision permits the railroad to file a notice of consummation within 60 days after expiration of a legal or regulatory barrier, such as a trail use condition, CSXT does not need a separate extension of the deadline for filing a notice of consummation. CSXT’s request for that extension will therefore be dismissed as moot.