Summary:  GRANTED CSXT'S REQUEST FOR AN EXTENSION OF TIME TO EXERCISE THE ABANDONMENT AUTHORITY AND ITS REQUEST TO EXTEND THE NITU NEGOTIATING PERIOD TO SEPTEMBER 30, 2002.

DO

SURFACE TRANSPORTATION BOARD

DECISION

STB Docket No. AB-55 (Sub-No. 568X)

CSX TRANSPORTATION, INC. -- ABANDONMENT EXEMPTION -- IN FRANKLIN COUNTY, PA

Decided: June 19, 2002

By decision and notice of interim trail use or abandonment (NITU) served on March 9, 1999, the Board, under 49 U.S.C. 10502, exempted from the prior approval requirements of 49 U.S.C. 10903, the abandonment by CSX Transportation, Inc. (CSXT), of a 1.9-mile portion of its line of railroad known as the Baltimore Service Lane, Lurgan Subdivision (line), extending between milepost BAV-20.5 at 4th Street and milepost BAV-22.4 at Commerce Street in Chambersburg, Franklin County, PA, subject to public use, trail use, and standard employee protective conditions.

The March 9, 1999 decision authorized the Borough of Chambersburg (Borough) to negotiate an interim trail use/rail banking agreement with CSXT for the portion of the line between Main Street at approximately milepost 20.8 and Commerce Street at approximately milepost 22.4, a distance of 1.6 miles. CSXT's requests for extensions of time to exercise abandonment authority were granted by decisions served March 22, 2000, January 8, 2001, March 30, 2001, June 19, 2001, September 10, 2001, and December 28, 2001. Its requests to extend the NITU negotiating period were granted by decisions served January 8, 2001, March 30, 2001, June 19, 2001, September 10, 2001, and December 28, 2001. Both the abandonment authority and the NITU negotiating period are now scheduled to expire on June 30, 2002.

On May 29, 2002, CSXT filed another request to extend, until September 30, 2002, the time to consummate the abandonment and file its notice of consummation. CSXT also requests that the NITU negotiating period be extended until the same date. CSXT has shown good cause to extend the time to consummate the abandonment and for filing a notice of consummation in this proceeding. Also, because CSXT is willing to continue negotiations, the NITU negotiating period may be extended. ⁽¹⁾ These extension requests will therefore be granted.

It is ordered:

1. CSXT's request for an extension of time to exercise the abandonment authority and its request to extend the NITU negotiating period are granted.

2. The authority to abandon must be exercised on or before September 30, 2002.

3. The negotiating period under the NITU is extended until September 30, 2002.

4. This decision is effective on its date of service.

By the Board, David M. Konschnik, Director, Office of Proceedings.

Vernon A. Williams

Secretary

1. See Rail Abandonments - Supplemental Trails Act Procedures, 4 I.C.C.2d 152 (1987).