|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|Eastern Alabama Railway LLC--Petition for Declaratory Order|
|Director Of Proceedings|
|DECISION GRANTED A MOTION TO EXTEND THE TIME TO SUBMIT A REPLY IN THIS PROCEEDING UNTIL JANUARY 19, 2012.|
| 10 KB|
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|Full Text of Decision|
42136 SERVICE DATE – LATE RELEASE JANUARY 4, 2012
SURFACE TRANSPORTATION BOARD
Docket No. FD 35583
Eastern Alabama Railway LLC—Petition for Declaratory order
Decided: January 4, 2012
On December 16, 2011, Eastern Alabama Railway LLC (EARY) filed a petition for an order declaring that the proposed condemnation of certain property of EARY by the Utilities Board of the City of Sylacauga (Utilities Board) is preempted by federal law under 49 U.S.C. § 10501. Under 49 C.F.R. § 1104.13(a), replies are due January 5, 2012. On December 30, 2011, the Utilities Board filed a request for an extension of time to submit a reply until January 19, 2012. The Utilities Board notes that it has consulted with EARY counsel, who has consented to the extension of time.
Good cause exists to grant the extension request in this case. Accordingly, Utilities Board’s reply will be due no later than January 19, 2012.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The Utilities Board’s request for an extension of time is granted.
2. The Utilities Board’s reply is due by January 19, 2012.
3. This decision is effective on the date of service.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.