|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MA|
|Director Of Proceedings|
|DECISION GRANTS REQUESTS TO EXTEND THE NOTICE OF INTERIM TRAIL USE NEGOTIATING PERIOD UNTIL MAY 8, 2010, AND EXTENDED THE CONSUMMATION DEADLINE UNTIL JULY 7, 2010.|
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|Full Text of Decision|
40478 SERVICE DATE – DECEMBER 29, 2009
SURFACE TRANSPORTATION BOARD
STB Docket No. AB-565 (Sub-No. 1X)
Decided: December 28, 2009
decision and notice of interim trail use or abandonment (NITU) served on
October 12, 2001 (October 2001 decision), the Board, under 49 U.S.C.
10502, exempted from the prior approval requirements of 49 U.S.C. 10903 the
abandonment by New York Central Lines, LLC (NYC) of 4.80 miles of railroad
known as the Albany Division, Fitchburg Subdivision, extending from milepost
QBS 0.00 at Framingham to milepost QBS 4.80 at South Sudbury, in Middlesex
County, MA, subject to trail use, public use, and standard employee protective
conditions.1 The October
2001 decision authorized the Town of Sudbury (Sudbury) to negotiate with the
carrier for interim trail use/rail banking for the 1.4-mile portion of the line
that extends north from the Framingham town line to the intersection of the
former Penn Central Transportation Company line (Sudbury portion). By decision served December 12, 2006,
the Town of Framingham (Framingham) was authorized to negotiate with the
carrier for interim trail use/rail banking for the 3.4-mile portion of the
right-of-way that extends from milepost QBS 0.00 at
The October 2001 decision stated that, if consummation had not been effected by the filing of a notice of consummation by October 12, 2002, and there were no legal or regulatory barriers to consummation, the authority to abandon would automatically expire. By a series of decisions, the most recent of which was served on June 8, 2009, the consummation date for the entire 4.80-mile line was extended until January 8, 2010.
By letter filed on November 20, 2009,
By letter filed on December 8, 2009, CSXT states that it agrees with the proposed extension requests and supports an extension of the negotiating periods until May 8, 2010. Additionally, in that same letter, CSXT seeks an extension of the consummation deadline until July 7, 2010, 60 days after the expiration date of the trail use negotiation period.
Where, as here, the carrier has not consummated
the abandonment at the end of the previously imposed negotiating period and has
indicated its willingness to continue negotiations, the Board retains jurisdiction
and the NITU negotiating period may be extended. Under the circumstances, further extension of
the negotiating period is warranted. See
Birt v. STB, 90 F.3d 580, 588-90 (D.C. Cir. 1996);
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The requests to extend the NITU negotiating period are granted.
NITU negotiating period is extended until May 8, 2010, for CSXT to
3. The request for an extension of time to consummate the abandonment is granted, and the authority to abandon must be exercised on or before July 7, 2010.
4. This decision is effective on the date of service.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
1 Certain prior decisions or notices in this
proceeding have embraced the related STB Docket No. AB-55
(Sub-No. 593X), CSX Transportation, Inc.—Discontinuance of Service Exemption―In
 Under 49 CFR 1152.29(e)(2), a railroad may, for good cause shown, file a request for an extension of time to file a notice of consummation in abandonment proceedings.