S.C. 10905(n) to conduct work, including the removal of such rights, on such land, within 30 days after such issuance but not later than 60 days after the expiration of the 60-day deadline. The petitioner provided that approximately 1,500 acres to which the track rights of the petitioner extend are located outside the boundaries of any municipal corporation and are not held in trust for the municipal corporation. According to NSF, approximately 60 miles of tracks exist within both Peoria and Farewell Counties; however, due to track aging, work on those tracks could result in “significant losses in revenue for both NSF and the taxpayer.” After reviewing the petitioner's petitions, with particular reference to issues relevant to this decision, the Board found that the petitioner did not have standing to seek an exemption from 39 CFR part 39 and, therefore, declined the petitioner's request. NSF is currently undertaking a study under part 39 to ascertain the extent to which track aging is a major factor contributing to the cost of operating NSF-owned railroad transportation assets. Because NSF cannot predict the potential additional impact to NSF's bottom line in a specific area, particularly areas outside the local governments, the Board has provided NSF with the option to request that the Commission approve a joint track protection order that is consistent with the provisions of part 39. The Board will further investigate the nature of any such joint track protection order in its final decision. On February 22, 2010, the Board voted unanimously to deny NSF's request. With the approval of a regional track protection order, this matter will be addressed at the next meeting of the Board. This decision applies only to NSF-owned right-of-way. If the Board were to find that the petitioner's petition for an exemption from 49 U.S.C. 10903 is appropriate, it will have no further role in the determination of the validity of that petition. The Board received extensive testimony regarding the effect of track aging on revenue to NSF and a number of organizations with experience in managing aging passenger railroad transportation assets testified. Although these statements provided a basis upon which the Board could make a determination of the validity of the petition, there was a consensus among the Board members on this issue that the testimony is insufficient to grant relief.
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40607 SERVICE DATE MARCH 8, 2010, DO FR-4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board STB Docket No. AB-6 (Sub-No. 470X) NSF Railway Company Discontinuance of Track age Rights
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