40848                          SERVICE DATE – LATE RELEASE JUNE 18, 2010

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. AB 303 (Sub-No. 31X)

 

WISCONSIN CENTRAL LTD.—ABANDONMENT EXEMPTION—IN SAWYER

COUNTY, WIS.

 

Decided:  June 18, 2010

 

            Wisconsin Central Ltd. (WCL) filed a notice of exemption under 49 C.F.R. § 1152 Subpart F—Exempt Abandonments to abandon a 1.80-mile line of railroad between milepost 100.80 and milepost 102.60, in Hayward, Sawyer County, Wis.  Notice of the exemption was served and published in the Federal Register on November 21, 2007 (72 Fed. Reg. 65,645-46).  The exemption became effective on December 21, 2007.

 

            By decision and notice of interim trail use or abandonment (NITU) served on December 19, 2007, the proceeding was reopened and a 180-day period was authorized for Wisconsin Department of Transportation, on behalf of the County of Sawyer Wisconsin (CSW) to negotiate an interim trail use/rail banking agreement with WCL for the right-of-way involved in this proceeding pursuant to the National Trails System Act, 16 U.S.C. § 1247(d) (Trails Act).^[1]  The negotiating period under the NITU was extended several times, with the latest extension expiring on June 6, 2010.

 

            By motion filed on June 3, 2010, CSW requests an additional 180-day extension of the NITU negotiating period.  CSW indicates that negotiations are continuing in good faith with WCL and that it continues to seek funding to purchase the right-of-way, but that more time is needed to finalize negotiations.  By letter filed on June 7, 2010, WCL states that it agrees to the extension request.

 

Where, as here, the carrier has not consummated the abandonment at the end of the previously imposed negotiating period and is willing to continue trail use negotiations, the Board retains jurisdiction and the NITU negotiating period may be extended.^[2]  Under the circumstances, further extension of the negotiating period is warranted.  See Birt v. STB, 90 F.3d 580, 588-90 (D.C. Cir. 1996); Grantwood Village v. Missouri Pacific Railroad, 95 F.3d 654, 659 (8th Cir. 1996), cert. denied, 519 U.S. 1149 (1997).  An extension of time will promote the establishment of trails and rail banking consistent with the Trails Act.  Accordingly, the NITU negotiating period will be extended for 180 days, from June 6, 2010 to December 3, 2010.  Given the time that has elapsed since abandonment was granted, the negotiating parties are urged to conclude their negotiations so that further extensions are not necessary.

 

            This action will not significantly affect either the quality of the human environment or the conservation of energy resources.

 

            It is ordered:

 

            1.  CSW’s request to extend the NITU negotiating period is granted.

 

            2.  The negotiating period under the NITU is extended to December 3, 2010.

 

3.  This decision is effective on its service date.

 

By the Board, Rachel D. Campbell, Director, Office of Proceedings.