|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN LATROBE, WESTMORELAND COUNTY, PA.|
|Director Of Proceedings|
|DECISION GRANTED NORFOLK SOUTHERN RAILWAY COMPANY'S REQUEST TO EXTEND THE TIME TO CONSUMMATE THE ABANDONMENT IN THIS PROCEEDING UNTIL SEPTEMBER 4, 2011.|
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|Full Text of Decision|
41050 SERVICE DATE – AUGUST 31, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 290 (Sub-No. 314X)
Decided: August 30, 2010
On August 18, 2009, Norfolk
Southern Railway Company (NSR) filed a verified notice of exemption under 49
C.F.R. pt. 1152 subpart F–Exempt Abandonments to abandon a 2.04-mile
line of railroad between mileposts XN-0.00 and XN-2.04, in Latrobe,
In the September 2009 notice, the Board stated that, if consummation had not been effected by NSR’s filing of a notice of consummation by September 4, 2010, and there were no legal or regulatory barriers to consummation, the authority to abandon would automatically expire. Under 49 C.F.R. § 1152.29(e)(2), a railroad may, for good cause shown, file a request for an extension of the time to file a notice of consummation in abandonment proceedings. On August 17, 2010, NSR filed a request to extend the time to file its notice of consummation by 1 year. According to NSR, salvage of the track and materials on the rail line is still not complete and negotiations for disposition of the right-of-way for the purpose of creating a trail are ongoing. NSR has shown good cause to extend the time to consummate the abandonment and to file a notice of consummation in this proceeding. The request will be granted.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. NSR’s request for an extension of the time to consummate the abandonment is granted.
2. The authority to abandon must be exercised, and the notice of consummation must be filed, on or before September 4, 2011.
3. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.