|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|DELTA SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--BETWEEN LAKE VILLAGE, ARK., AND SHELBURN, LA.|
|Director Of Proceedings|
|DECISION GRANTED DELTA SOUTHERN RAILROAD, INC.'S REQUEST FOR EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT UNTIL OCTOBER 2, 2010.|
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|Full Text of Decision|
40786 SERVICE DATE – LATE RELEASE MAY 17, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 384 (Sub-No. 1X)
SOUTHERN RAILROAD, INC.—ABANDONMENT EXEMPTION—BETWEEN
Decided: May 17, 2010
Railroad, Inc. (DSR), filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt
Abandonments to abandon a 30.0-mile portion of its Lake Providence Line between
milepost 433.0, near
Under 49 C.F.R. § 1152.29(e)(2), a railroad may, for good cause shown, file a request for an extension of time to file a notice of consummation in abandonment proceedings. On April 19, 2010, DSR filed a request to extend further the deadline for filing its notice of consummation for an additional 180 days from April 5, 2010. While DSR did not file its notice of consummation by the April 5, 2010 due date, DSR is asking the Board to accept its request for an extension to file its notice of consummation. As justification for an extension, DSR explains that: (1) the request is being sought a short time after expiration of the deadline for consummation; (2) there has been no request for rail banking and interim trail use of the rail line and, therefore, no entity would be disadvantaged by the extension; (3) the request is being sought in order to permit DSR to negotiate to convey the rail line for continued rail use, which would be consistent with the national rail policy; and (4) in the foregoing circumstances, it would be unduly burdensome to require DSR to re-file for authority to abandon the rail line.
DSR has shown good cause to extend the time to consummate the abandonment and to file a notice of consummation in this proceeding. Under the circumstances, the request for an extension of time for DSR to file a notice of consummation will be granted. While DSR’s request for an extension of time will therefore be accepted under the circumstances described in this decision, neither DSR nor any other rail carrier should count on the Board’s granting similar extension requests in the future or on the Board’s accepting late-filed notices of consummation.
This action will not significantly affect either the quality of the human environment or conservation of energy resources.
It is ordered:
1. DSR’s request for an extension of time to consummation the abandonment is granted.
2. The authority to abandon the 8.2-mile portion of the line between mileposts 454.8 and 463.0 must be exercised, and the notice of consummation must be filed on or before October 2, 2010 (180 days after April 5, 2010).
3. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 The exemption was subject to employee protective conditions.
 The October 2004
decision imposed an environmental condition on the entire line, as well as a
historic preservation condition on the portion of the right-of-way located in