|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN MCMINN COUNTY, TENN.|
|Director Of Proceedings|
|DECISION GRANTED THE CITY OF ATHENS' REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL NOVEMBER 5, 2010, AND EXTENDED THE TIME TO CONSUMMATE THE ABANDONMENT UNTIL JANUARY 4, 2011.|
| 9 KB|
|Approximate download time at 28.8 kb: 26 Seconds|
If you do not have Acrobat Reader, or if you have problems reading our files with your current version of Acrobat Reader, the latest version of Acrobat Reader is available free at www.adobe.com.
|Full Text of Decision|
40811 SERVICE DATE – MAY 21, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 55 (Sub-No. 699X)
TRANSPORTATION, INC.—ABANDONMENT EXEMPTION—IN
Decided: May 19, 2010
CSX Transportation, Inc. (CSXT) filed a notice of exemption under 49 C.F.R. § 1152 Subpart F–Exempt Abandonments to abandon a 0.22-mile line of railroad on CSXT’s Southern Region, Huntington - West Division, KD Subdivision, extending from milepost OKW 333.40 to milepost OKW 333.62, in Athens, McMinn County, Tenn. Notice of the exemption was served and published in the Federal Register on October 9, 2009 (74 Fed. Reg. 52,294).
By decision and notice of interim trail use or abandonment (NITU) served on November 25, 2009, the proceeding was reopened and a 180-day period was authorized for the City of Athens (City) to negotiate an interim trail use/rail banking agreement with CSXT for the right-of-way involved in this proceeding.
On May 6, 2010, the City requested an extension of the negotiation period until November 5, 2010. The City states that CSXT is currently conducting an appraisal of the line, and the City expects to be able to enter negotiations with CSXT after completion of the appraisal.
By letter filed on May 10, 2010, CSXT states that it concurs with the extension request to extend the NITU. Accordingly, in that same letter, CSXT requests an extension of the date to consummate the abandonment to January 4, 2011.
Where, as here, the carrier has not
consummated the abandonment at the end of the previously imposed negotiating
period and has indicated its willingness to continue negotiations, the Board retains
jurisdiction and the NITU negotiating period may be extended. Under the circumstances, further extension of
the negotiating period is warranted. See
Birt v. STB, 90 F.3d 580, 588-90 (D.C.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The City’s request to extend the NITU negotiating period is granted.
2. The negotiating period under the NITU is extended until November 5, 2010.
3. CSXT’s request for an extension of time to consummate the abandonment is granted, and the authority to abandon must be exercised on or before January 4, 2011.
4. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 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.