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KFI Abandonment (exemption)
Author: AS
Date: 04-21-2008 - 07:32
SERVICE DATE – APRIL 18, 2008
DO
SURFACE TRANSPORTATION BOARD
DECISION
STB Docket No. AB-994X
KETTLE FALLS INTERNATIONAL RAILWAY, LLC–
ABANDONMENT EXEMPTION–IN FERRY COUNTY, WA
Decided: April 17, 2008
By decision and notice of interim trail use or abandonment (NITU) served on October 11, 2006, the Board, under 49 U.S.C. 10502, exempted from the prior approval requirements of 49 U.S.C. 10903, the abandonment by Kettle Falls International Railway, LLC (KFR), of 28.361 miles of railroad extending from milepost 48.779, near Danville, to milepost 77.14, at San Poil, in Ferry County, WA, subject to trail use, public use, environmental, and standard employee protective conditions. The decision authorized the Ferry County Board of Commissioners (County) 180 days to negotiate with KFR for public use or interim trail use/rail banking for the line.[1] By decisions served on May 9, 2007, and November 5, 2007, the negotiating period was extended through May 4, 2008.
On April 9, 2008, the County filed a request to extend the trail use negotiating period from May 4, 2008, to October 31, 2008. The County states that the extension is necessary to finalize contractual terms. KFR, in a letter filed April 10, 2008, consents to the request for an extension.
Where, as here, the carrier is willing to continue trail use negotiations, the negotiating period may be extended. An extension of the negotiating period will promote the establishment of trails and rail banking consistent with the National Trails System Act, 16 U.S.C. 1247(d).[2] Accordingly, the NITU negotiating period will be extended until October 31, 2008.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The County’s request to extend the NITU negotiating period is granted.
2. The negotiating period under the NITU is extended until October 31, 2008.
3. This decision is effective on the date of service.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Anne K. Quinlan
Acting Secretary
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[1] The public use condition expired on May 9, 2007, and cannot be extended.
[2] See Rail Abandonments–Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).
DO
SURFACE TRANSPORTATION BOARD
DECISION
STB Docket No. AB-994X
KETTLE FALLS INTERNATIONAL RAILWAY, LLC–
ABANDONMENT EXEMPTION–IN FERRY COUNTY, WA
Decided: April 17, 2008
By decision and notice of interim trail use or abandonment (NITU) served on October 11, 2006, the Board, under 49 U.S.C. 10502, exempted from the prior approval requirements of 49 U.S.C. 10903, the abandonment by Kettle Falls International Railway, LLC (KFR), of 28.361 miles of railroad extending from milepost 48.779, near Danville, to milepost 77.14, at San Poil, in Ferry County, WA, subject to trail use, public use, environmental, and standard employee protective conditions. The decision authorized the Ferry County Board of Commissioners (County) 180 days to negotiate with KFR for public use or interim trail use/rail banking for the line.[1] By decisions served on May 9, 2007, and November 5, 2007, the negotiating period was extended through May 4, 2008.
On April 9, 2008, the County filed a request to extend the trail use negotiating period from May 4, 2008, to October 31, 2008. The County states that the extension is necessary to finalize contractual terms. KFR, in a letter filed April 10, 2008, consents to the request for an extension.
Where, as here, the carrier is willing to continue trail use negotiations, the negotiating period may be extended. An extension of the negotiating period will promote the establishment of trails and rail banking consistent with the National Trails System Act, 16 U.S.C. 1247(d).[2] Accordingly, the NITU negotiating period will be extended until October 31, 2008.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The County’s request to extend the NITU negotiating period is granted.
2. The negotiating period under the NITU is extended until October 31, 2008.
3. This decision is effective on the date of service.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Anne K. Quinlan
Acting Secretary
--------------------------------------------------------------------------------
[1] The public use condition expired on May 9, 2007, and cannot be extended.
[2] See Rail Abandonments–Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).
| Subject | Written By | Date/Time (PST) |
|---|---|---|
 KFI Abandonment (exemption) |
AS | 04-21-2008 - 07:32 |
|
Re: KFI Abandonment (exemption)
|
Dale Jones | 04-21-2008 - 19:19 |
|
Re: KFI Abandonment (exemption)
|
Jeff | 04-21-2008 - 22:30 |
|
Re: KFI Abandonment (exemption)
|
Ross Hall | 04-22-2008 - 17:55 |