|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN MARION COUNTY, W. VA.|
|Director Of Proceedings|
|DECISION GRANTED MARION COUNTY'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL MARCH 10, 2011; AND CSX TRANSPORTATION, INC.'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE ABANDONMENT AUTHORITY ON OR BEFORE MAY 9, 2011.|
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|Full Text of Decision|
41075 SERVICE DATE – LATE RELEASE SEPTEMBER 10, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB-55 (Sub-No. 656X)
CSX TRANSPORTATION, INC.–ABANDONMENT
EXEMPTION–IN MARION COUNTY, W. VA.
Decided: September 10, 2010
CSX Transportation, Inc. (CSXT) filed a notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments to abandon a 17.51-mile line of its Southern Region, Huntington Division East, Fairmont Subdivision, between Barrackville, milepost BS 306.32, and Mannington, milepost BS 319.48, including the Dents Run Spur between milepost BSB 0.00 and milepost BSB 4.35, in Marion County, W. Va. Notice of the exemption was served and published in the Federal Register on September 8, 2005 (70 Fed. Reg. 53,414-15). On October 6, 2005, a decision and notice of interim trail use or abandonment (NITU) was served, reopening the proceeding and authorizing a 180-day period for the Marion County Commission (County) to negotiate an interim trail use/rail banking agreement with CSXT for the right-of-way in this proceeding. At the request of either CSXT or the County, the negotiation period under the NITU was extended several times; the latest decision, served on April 1, 2010, extended the NITU negotiating period until September 11, 2010. The April 1, 2010 decision also extended the deadline for CSXT to file its notice of consummation until November 10, 2010.
On, September 2, 2010, the County filed a request to extend the NITU negotiation period. The County explains that, in addition to negotiating with CSXT, it was simultaneously working to secure funding for the trail but it has not yet been advised about that funding. The County states that it has discussed this issue at length with CSXT, and the parties have renewed their commitment to reaching a final agreement with respect to this trail in a timely fashion. On September 3, 2010, CSXT filed its response stating that it concurs with the extension request and requests that the NITU be extended to March 10, 2011. Additionally, CSXT requests an extension of the consummation notice filing deadline until May 9, 2011.
Where, as here, the carrier is willing to continue trail use negotiations, the negotiating period may be extended. An extension of the negotiating period will promote the establishment of trails and rail banking consistent with the National Trails System Act, 16 U.S.C. § 1247(d). Accordingly, as requested by the parties, the NITU negotiating period will be extended until March 10, 2011, and the deadline for CSXT’s filing of a notice of consummation will be extended to May 9, 2011. Given the time that has elapsed since abandonment was authorized, the parties are urged to conclude their negotiations so that further extensions are not necessary.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The County’s request to extend the NITU negotiating period and CSXT’s request for an extension of time to exercise abandonment authority are granted.
2. The negotiating period under the NITU is extended until March 10, 2011.
3. The authority to abandon must be exercised on or before May 9, 2011.
4. This decision is effective on the date of service.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.