|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|FLORIDA DEPARTMENT OF TRANSPORTATION-ACQUISITION EXEMPTION-CERTAIN ASSETS OF CSX TRANSPORTATION, INC.|
|Director Of Proceedings|
|DECISION ESTABLISHED A PROCEDURAL SCHEDULE IN THIS PROCEEDING.|
| 10 KB|
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|Full Text of Decision|
40749 SERVICE DATE – LATE RELEASE APRIL 26, 2010
SURFACE TRANSPORTATION BOARD
Docket No. FD 35110
Florida Department of Transportation—Acquisition Exemption—Certain Assets of CSX Transportation, Inc.
Decided: April 26, 2010
This decision grants the Florida
Department of Transportation’s (FDOT) request that the Board establish a
procedural schedule and resume its consideration of the motion to dismiss FDOT’s
notice of exemption filed under 49 C.F.R. § 1150.31. In that notice, FDOT sought to acquire from
CSX Transportation, Inc. (CSXT), certain physical assets and associated
right-of-way, including approximately 61.5 miles of rail line in Poinciana,
On May 5, 2009, The Brotherhood of Railroad Signalmen (BRS) filed a motion requesting an extension of time until May 22, 2009, to respond to FDOT’s motion to dismiss the notice of exemption. In a decision served on May 7, 2009, that request was granted. On May 7, 2009, FDOT filed a letter to withdraw its previous request for expedited consideration of its motion to dismiss and requested that the Board hold this proceeding in abeyance. By a series of decisions, the Board held the proceeding in abeyance until March 31, 2010.
In a letter filed on March 31,
2010, FDOT requests that the Board resume its consideration of this matter and
adopt FDOT’s proposed procedural schedule.
FDOT states that the enabling legislation necessary for the proposed
transaction was passed by the
On April 6, 2010, the National Passenger Railroad Corporation (Amtrak) replied to FDOT’s request. Amtrak objects to FDOT’s proposed procedural schedule limiting the filing of comments to only BRS. Amtrak requests that any interested party be allowed to file comments on the motion to dismiss by April 30, 2010. In a letter filed on April 8, 2010, FDOT states that it does not object to Amtrak’s request to be allowed to file comments.
Having addressed the only objection to FDOT’s suggested procedural schedule, it will be adopted. Accordingly, the following dates apply to this proceeding:
April 30, 2010 Comments on motion to dismiss due
May 17, 2010 Replies to comments on motion to dismiss due
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. FDOT’s requests that the Board resume consideration of its motion to dismiss the notice of exemption and establish a procedural schedule are granted.
2. Amtrak’s request that it and other interested parties be allowed to file comments is granted.
3. The procedural schedule set forth above is adopted.
4. This decision is effective on the date of service.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 FDOT stated