|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MA|
|Director Of Proceedings|
|DECISION: (1) EXTENDED THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO AUGUST 22, 2010; AND (2) EXTENDED THE DEADLINE FOR CSX TRANSPORTATION, INC. TO FILE A NOTICE OF CONSUMMATION TO OCTOBER 21, 2010, IN THIS PROCEEDING.|
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|Full Text of Decision|
40506 SERVICE DATE – MARCH 5, 2010
SURFACE TRANSPORTATION BOARD
STB Docket No. AB-565 (Sub-No. 2X)
Decided: March 4, 2010
York Central Lines, LLC (NYC) and CSX Transportation, Inc. (CSXT)
(collectively, applicants) 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 approximately 4.17 miles of
railroad between milepost QBH-2.60 near Sherborn and milepost QBH-6.77
near Holliston, in Middlesex County, MA.
On August 31, 2001, a decision and notice of interim trail use or
abandonment (NITU) was served, reopening the proceeding and authorizing a
180-day period for the Town of
By letter filed on December 24, 2009, Sherborn and Holliston filed a request to extend the negotiation period under the NITU for 5 years to allow completion of the negotiating process among the parties. On February 18, 2010, CSXT, as successor by merger to NYC, filed its response, stating that it is willing to agree to a final 180-day extension with the hope that CSXT, Sherborn, and Holliston can conclude negotiations for trail use within the NITU period, as extended. Additionally, CSXT requests an extension of the consummation notice filing deadline until October 21, 2010.
CSXT is agreeable to a 180-day extension, an extension will be granted 180 days
from February 23, 2010. Where,
as here, the carrier is willing to continue trail use negotiations, the
negotiating period may be extended. Under
the circumstances, an extension of the negotiation period is warranted. See Birt
v. STB, 90 F.3d 580, 588-90 (D.C. Cir. 1996);
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The negotiating period under the NITU is extended to August 22, 2010.
2. The request of Sherborn and Holliston to extend the NITU for 5 years is denied.
3. The authority to abandon must be exercised on or before October 21, 2010.
4. This decision is effective on its service date.
By the Board, Rachel D.
 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.
 See Rail Abandonments—Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).