|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|PITTSBURG & SHAWMUT RAILROAD, LLC--ABANDONMENT EXEMPTION--IN CLARION AND JEFFERSON COUNTIES, PA|
|Director Of Proceedings|
|DECISION GRANTED ALLEGHENY VALLEY'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO JULY 12, 2010.|
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|Full Text of Decision|
40556 SERVICE DATE – LATE RELEASE JANUARY 29, 2010
SURFACE TRANSPORTATION BOARD
STB Docket No. AB-976 (Sub-No. 2X)
PITTSBURG & SHAWMUT RAILROAD, LLC–ABANDONMENT EXEMPTION–
IN CLARION AND
Decided: January 29, 2010
& Shawmut Railroad, LLC (Pittsburg & Shawmut), filed a notice of
exemption under 49 CFR 1152 Subpart F–Exempt Abandonments to abandon
approximately 35.95 miles of rail line, extending between milepost 6.0 in
or near Lawsonham,
By decision and notice of interim trail use or abandonment (NITU) served on July 27, 2007 (July 2007 decision), the proceeding was reopened and a 180-day period was authorized for Allegheny Valley Land Trust (Allegheny Valley) to negotiate an interim trail use/rail banking agreement with Pittsburg & Shawmut for the right-of-way involved in this proceeding, pursuant to the National Trails System Act, 16 U.S.C. 1247(d) (Trails Act). The exemption became effective on July 28, 2007. The trail use negotiating period under the NITU was extended by several decisions, with the most recent decision served on July 28, 2009. The latest extension expired on January 13, 2010.
On January 20, 2010,
Where, as here, the carrier has not
consummated the abandonment at the end of the previously imposed negotiating
period and is willing to continue trail use negotiations, the Board retains
jurisdiction and the NITU negotiating period may be extended. Under the circumstances, further extension of
the negotiating period is warranted. See
Birt v. STB, 90 F.3d 580, 588-90 (D.C.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
2. The negotiating period under the NITU is extended to July 12, 2010.
3. This decision is effective on its service date.
By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.
 The June 2007 notice
embraced STB Docket No. AB-369 (Sub-No. 6X),
 In addition to interim trail use, the July 2007 decision also imposed a public use condition that expired on January 24, 2008, and may not be extended, and two consultation conditions regarding the salvage of the Line.
 See Rail Abandonments–Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).