[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Notices]
[Pages 40314-40315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19020]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-565 (Sub-No. 2X); STB Docket No. AB-55 (Sub-No. 
594X)]


New York Central Lines, LLC--Abandonment Exemption--in Middlesex 
County, MA; CSX Transportation, Inc.--Discontinuance of Service 
Exemption--in Middlesex County, MA

    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 approximately 4.17 miles of 
railroad between milepost QBH-2.60 near Sherborn and milepost QBH-6.77 
near Holliston, in Middlesex County, MA.\1\ The line traverses United 
States Postal Service Zip Codes 01770 and 01746.
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    \1\ Pursuant to Board authorization in 1998, CSX Corporation, 
CSXT's parent company, and Norfolk Southern Corporation jointly 
acquired control of Conrail Inc., and its wholly owned subsidiary, 
Consolidated Rail Corporation (Conrail). As a result of that 
acquisition, certain assets of Conrail have been assigned to NYC, a 
wholly owned subsidiary of Conrail, to be exclusively operated by 
CSXT pursuant to an operating agreement. The line to be abandoned is 
included among the property being operated by CSXT pursuant to the 
NYC operating agreement.
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    NYC and CSXT have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) there has been 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

[[Page 40315]]

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 September 1, 2001, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
August 13, 2001. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 22, 2001, with: 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, N.W., Washington, DC 20423.
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    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis (SEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \3\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
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    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 exemption is void ab initio.
    NYC and CSXT 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 August 7, 2001. 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) 565-1545. 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 August 2, 2002, 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: July 25, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-19020 Filed 8-1-01; 8:45 am]
BILLING CODE 4915-00-P