41176                                  SERVICE DATE – NOVEMBER 2, 2010

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. AB 33 (Sub-No. 260X)

 

UNION PACIFIC RAILROAD COMPANY—ABANDONMENT EXEMPTION—

IN DOUGLAS AND SARPY COUNTIES, NEB.

 

Decided:  November 1, 2010

 

By decision and notice of interim trail use or abandonment (NITU) served on July 25, 2008 (July 2008 decision), the Board, under 49 U.S.C. § 10502, exempted from the prior approval requirements of 49 U.S.C. § 10903 the abandonment by Union Pacific Railroad Company (UP) of a 3.45-mile line of its Millard Industrial Lead extending between milepost 22.85, in Omaha, and milepost 19.4, in La Vista, in Douglas and Sarpy Counties, Neb., subject to trail use, public use, environmental, and standard employee protective conditions.  In this decision, the Board is granting the request by the Nebraska Trails Foundation, Inc. (NTFI), on its own behalf and that of the Papio-Missouri River Natural Resources District (District), to extend the interim trail use/rail banking negotiation period. 

 

The July 2008 decision authorized NTFI, on its own behalf and that of the District, to negotiate with UP for interim trail use/rail banking until February 20, 2009, for a portion of the line extending between milepost 19.4 in La Vista and milepost 22.1 in Omaha, under the National Trails System Act, 16 U.S.C. § 1247(d) (Trails Act).[1]  By a series of decisions, the most recent served on April 27, 2010, the trail use negotiation period under the NITU was extended until October 12, 2010. 

 

By letter dated October 11, 2010, NTFI, on its own behalf and that of the District, submitted a request for an additional 180-day extension of the negotiating period.  By letter dated October 12, 2010, UP advised that it supports the request and is willing to continue to negotiate for interim trail use/rail banking with NTFI for the portion of the line extending between milepost 19.4 in La Vista and milepost 22.1 in Omaha. 

 

Where, as here, the carrier has not consummated the abandonment at the end of the previously imposed negotiating period for a portion of the line and is willing to continue trail use negotiations for that portion of the line, 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 Pac. R.R., 95 F.3d 654, 659 (8th Cir. 1996).  Accordingly, the NITU negotiating period will be extended for that portion of the line extending between milepost 19.4 in La Vista and milepost 22.1 in Omaha, from October 12, 2010, to April 10, 2011.

 

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

 

            It is ordered:

 

            1.  The request to extend the NITU negotiation period is granted.

 

            2.  The negotiating period under the NITU is extended for that portion of the line extending between milepost 19.4 in La Vista and milepost 22.1 in Omaha, from October 12, 2010, to April 10, 2011.

 

3.  This decision is effective on its service date.

 

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