|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN BRONX COUNTY, NY|
|Director Of Proceedings|
|NOTICE THAT NYC AND CSXT HAVE FILED A NOTICE OF EXEMPTION FOR NYC TO ABANDON AND CSXT TO DISCONTINUE SERVICE OVER AN APPROXIMATELY 1.5-MILE LINE OF RAILROAD BETWEEN MILEPOST QVP 0.0 AT MELROSE AVENUE AND MILEPOST QVP 1.5 NEAR THE SOUTHERNMOST EDGE OF THE TUNNEL AT SOUTHERN BOULEVARD IN BRONX COUNTY, NY.|
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|Full Text of Decision|
33422 SERVICE DATE - MARCH 18, 2003
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-565 (Sub-No. 13X)]
New York Central Lines, LLC–Abandonment Exemption–in Bronx County, NY
[STB Docket No. AB-55 (Sub-No. 628X)]
CSX Transportation, Inc.–Discontinuance of Service Exemption–in Bronx County, NY
New York Central Lines, LLC (NYC) and CSX Transportation, Inc. (CSXT) have filed a notice of exemption under 49 CFR 1152 Subpart F–Exempt Abandonments and Discontinuances of Service for NYC to abandon and CSXT to discontinue service over an approximately 1.5-mile line of railroad between milepost QVP 0.0 at Melrose Avenue and milepost QVP 1.5 near the southernmost edge of the tunnel at Southern Boulevard in Bronx County, NY. The line traverses United States Postal Service Zip Codes 10454, 10455, and 10456.
NYC and CSXT have certified that: (1) no local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuance shall be protected under Oregon Short Line R. Co.–Abandonment–Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, these exemptions will be effective on April 17, 2003, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and trail use/rail banking requests under 49 CFR 1152.29 must be filed by March 28, 2003. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by April 7, 2003, with: Surface Transportation Board, 1925 K Street, N.W., Washington, DC 20423.
A copy of any petition filed with the Board should be sent to applicants’ representative: Natalie S. Rosenberg, Counsel, CSX Transportation, Inc., 500 Water Street, J150, Jacksonville, FL 32202.
If the verified notice contains false or misleading information, the exemptions are void ab initio.
Applicants have filed an environmental report which addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. SEA will issue an environmental assessment (EA) by March 21, 2003. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 565-1552. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public.
Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), NYC shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by NYC’s filing of a notice of consummation by March 18, 2004, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: March 11, 2003.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams