|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN LATROBE, WESTMORELAND COUNTY, PA|
|Director Of Proceedings|
|DECISION GRANTED LATROBE-UNITY PARKS & RECREATION COMMISSION'S AND THE LATROBE FOUNDATION'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL OCTOBER 2, 2010, IN THIS PROCEEDING.|
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|Full Text of Decision|
40684 SERVICE DATE – MARCH 30, 2010
SURFACE TRANSPORTATION BOARD
STB Docket No. AB-290 (Sub-No. 314X)
Decided: March 29, 2010
Norfolk Southern Railway Company
(NSR) filed a notice of exemption under 49 CFR 1152 Subpart F–Exempt
Abandonments to abandon a 2.04-mile line of railroad between milepost
XN-0.00 and milepost XN-2.04, in Latrobe,
By decision and notice of interim trail use or abandonment (NITU) served on October 6, 2009, the proceeding was reopened and a 180-day period was authorized for Latrobe-Unity Parks & Recreation Commission and the Latrobe Foundation (Proponent) to negotiate an interim trail use/rail banking agreement with NSR for the right-of-way involved in this proceeding. The trail use negotiating period under the NITU will expire on April 5, 2010.
On March 15, 2010, Proponent requested an extension of the negotiation period for 180 days (until October 2, 2010). Proponent states that it has had the land appraised by a Pennsylvania Certified General Real Estate Appraiser who is very experienced in appraising railroad corridors and has had reviews by rail salvage companies to establish the value of the rail, ties, and other materials. Proponent further states that, due to substantial snow on the ground throughout much of late December, January, and February, it has recently obtained the needed information from both the appraiser and the salvage company to work toward a final agreement on the railroad corridor with NSR. By letter filed on March 16, 2010, NSR consents to Proponent’s request to extend the NITU.
Where, as here, the carrier is willing to continue trail use negotiations, the negotiating period may be extended. An extension of time will promote the establishment of trails 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 October 2, 2010.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. Proponent’s request to extend the NITU negotiating period is granted.
2. The negotiating period under the NITU is extended until October 2, 2010.
3. This decision is effective on its service date.
Board, Rachel D.
 See Rail Abandonments—Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).