|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CSX TRANSPORTATION, INC.-ABANDONMENT EXEMPTION-IN SHELBY COUNTY, TENN.|
|Director Of Proceedings|
|DECISION GRANTED THE REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL JUNE 30, 2012.|
| 55 KB|
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|Full Text of Decision|
41697 SERVICE DATE – LATE RELEASE JUNE 24, 2011
SURFACE TRANSPORTATION BOARD
Docket No. AB 55 (Sub-No. 684X)
CSX TRANSPORTATION, INC.—ABANDONMENT EXEMPTION—IN
Decided: June 24, 2011
CSX Transportation, Inc. (CSXT), filed a notice of exemption under 49 C.F.R. pt. 1152 subpart F—Exempt Abandonments to abandon a 13.34-mile rail line on CSXT’s Southern Region, Nashville Division, Memphis Terminal Subdivision, between milepost ONI 210.66 near Cordova and milepost ONI 224 in Memphis, known as the Cordova Branch, in Shelby County, Tenn. (the Line). Notice of the exemption was served and published in the Federal Register on September 27, 2007 (72 Fed. Reg. 54,977-78). The exemption became effective on October 27, 2007.
decision and notice of interim trail use or abandonment (NITU) served on
October 26, 2007 (October 2007 decision), the proceeding was reopened and
a 180-day period was authorized for the Memphis Community Connector (MCC) to
negotiate an interim trail use/rail banking agreement with CSXT for the Line. By decision served on April 30, 2008, the NITU
was modified to include Shelby County, Tenn. (
By letter filed on June 9, 2011, MCC and Shelby County request an extension of the NITU negotiating period for the Cordova Segment until June 30, 2012. They state that, due to economic conditions and Shelby County’s focus on developing a trail on the Memphis Segment, negotiations for the Cordova Segment have progressed slowly. They indicate, however, that they desire to renew their negotiations for the Cordova Segment and that, in light of the time that had been needed to negotiate the sale and purchase of the Memphis Segment and the time needed to secure the requisite local government approvals, an extension until June 30, 2012 is requested to avoid the need for repeated extension requests. In a letter filed on June 22, 2011, CSXT states that it concurs with the request to extend the NITU negotiating period until June 30, 2012.
Where, as here, the carrier is willing to continue trail use negotiations, the negotiating period may be extended. 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 until June 30, 2012.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. MCC’s and
2. The NITU negotiating period for the Cordova Segment is extended until June 30, 2012.
3. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 See Rail Abans.―Use of Rights-of-Way as Trails―Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).
 An extension until June 30, 2012, provides a negotiating period that is longer than 180 days, but the parties concluded the purchase and sale of the Memphis Segment and wish to continue negotiations for the Cordova Segment. Under the circumstances here, the longer extension is appropriate.