SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_55_675_X

Case Title:  
CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN WARE COUNTY, GA.

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION GRANTED AN EXTENSION OF TIME TO NEGOTIATE A TRAIL USE/RAIL BANKING AGREEMENT UNTIL MARCH 11, 2013.

    Decision Attachments

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    Full Text of Decision

39436

42684 SERVICE DATE – OCTOBER 18, 2012

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. AB 55 (Sub-No. 675X)

 

CSX TRANSPORTATION, INC.–ABANDONMENT EXEMPTION–IN

WARE COUNTY, GA.

 

Decided: October 16, 2012

 

 

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.[1] The negotiating period under the NITU was subsequently extended, with the latest extension expiring on September 12, 2012.

 

By letter filed on September 11, 2012, Waycross requests another 180-day extension of the NITU negotiating period, as the parties continue to negotiate for interim trail use/rail banking. In a response filed on September 25, 2012, CSXT states that it concurs with the extension request.[2]

 

Where, as here, the carrier is willing to continue trail use negotiations, the negotiating period may be extended. See Rail Abans.—Use of Rights-of-Way as Trails—Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987). An extension of the NITU negotiating period will promote the establishment of trail use and rail banking consistent with the National


 

Trails System Act, 16 U.S.C. 1247(d). Accordingly, the NITU negotiating period will be extended until March 11, 2013.[3]

 

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 NITU negotiating period is granted.

2. The negotiating period under the NITU is extended to March 11, 2013.

 

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

 

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



[1] 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.

 

[2] The parties state that the latest negotiating period was to expire on September 18, 2012. However, as indicated, that period expired on September 12, 2012, and the extension granted here will be calculated from that date.

 

[3] Under 49 C.F.R. 1152.29(e)(2), extension of the NITU negotiating period creates a regulatory barrier to consummation of the abandonment. For that reason, if the NITU negotiating period expires without the parties reaching an agreement, CSXT’s notice of consummation will be due no later than 60 days thereafter. See 49 C.F.R. 1152.29(e)(2).