|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NEW YORK CENTRAL LINES, LLC--ABANDONMENT EXEMPTION--IN MIDDLESEX COUNTY, MASS.|
|Director Of Proceedings|
|DECISION GRANTED: (1) THE REQUESTS TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIODS IN THIS PROCEEDING; AND (2) THE REQUEST FOR AN EXTENSION OF TIME TO CONSUMMATE THE ABANDONMENT IN THIS PROCEEDING.|
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|Full Text of Decision|
40814 SERVICE DATE – LATE RELEASE JUNE 18, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 565 (Sub-No. 1X)
Decided: June 18, 2010
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, Mass., subject to trail use, public use, and standard employee
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 December 29, 2009, the consummation date for the entire 4.80-mile line was extended until July 7, 2010.
By letter filed on May 11, 2010,
By letter filed on May 14, 2009, CSXT states that it agrees with the proposed extension requests and supports an extension of the negotiating periods until November 4, 2010. Additionally, in that same letter, CSXT seeks an extension of the consummation deadline until January 3, 2011, 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 periods may be extended. Under the circumstances, further extension of the negotiating periods are warranted. See Birt v. STB, 90 F.3d 580, 588-90 (D.C. Cir. 1996); Grantwood Vill. v. Mo. Pac. R.R., 95 F.3d 654, 659 (8th Cir. 1996). Accordingly, the NITU negotiating periods will be extended for an additional 180 days from the May 8, 2010, expiration date, until November 4, 2010. Given the length of time the parties have had to negotiate a trail use agreement, the parties are urged to conclude their negotiations so that further extensions are not necessary.
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 periods are granted.
NITU negotiating periods are extended until November 4, 2010, for
CSXT to negotiate with
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 January 3, 2011.
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 AB 55 (Sub-No. 593X), CSX
Transportation, Inc.—Discontinuance of Serv. Exemption―In
 Under 49 C.F.R. § 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.