41944 - Decision

SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
Decision Information

Docket Number:	AB_55_699_X

Case Title:	CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN MCMINN COUNTY, TENN.

Decision Type:	Decision

Deciding Body:	Director Of Proceedings

Decision Summary

Decision Notes:	DECISION GRANTED THE CITY OF ATHENS' REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL APRIL 28, 2012.


Decision Attachments


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Full Text of Decision

41944 SERVICE DATE – LATE RELEASE OCTOBER 25, 2011 DO SURFACE TRANSPORTATION BOARD DECISION Docket No. AB 55 (Sub-No. 699X) CSX TRANSPORTATION, INC.—ABANDONMENT EXEMPTION—IN MCMINN COUNTY, TENN. Decided: October 21, 2011 CSX Transportation, Inc. (CSXT), filed a notice of exemption under 49 C.F.R. pt. 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).[1] 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. By decisions served on May 21, 2010, December 7, 2010, and May 31, 2011, the NITU negotiating period was extended until October 31, 2011. On September 13, 2011, the City submitted a request to extend the NITU negotiating period. In a response filed on September 14, 2011, CSXT states that it is willing to continue trail use negotiations with the City for an additional 180 days, until April 28, 2012.[2] Where, as here, the carrier is willing to continue trail use negotiations, the NITU negotiating period may be extended.[3] An extension of the NITU negotiating period will promote the establishment of trail use and rail banking consistent with the National Trails System Act, 16 U.S.C. § 1247(d). Accordingly, the NITU negotiating period will be extended for an additional 180 days until April 28, 2012. 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 April 28, 2012. 3. This decision and notice is effective on its service date. By the Board, Rachel D. Campbell, Director, Office of Proceedings. [1] The exemption became effective on November 10, 2009. [2] CSXT notes that, under 49 C.F.R. § 1152.29(e)(2), the requested extension of the NITU negotiating period creates a regulatory barrier to consummation of the abandonment. For that reason, if the NITU negotiating period expires without the parties having reached an agreement, CSXT’s notice of consummation will be due not later than 60 days thereafter. See 49 C.F.R. § 1152.29(e)(2). [3] See Rail Abans.—Use of Rights-of-Way as Trails—Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).