[Federal Register Volume 68, Number 111 (Tuesday, June 10, 2003)]
[Notices]
[Pages 34696-34697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14412]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB-167 (Sub-No. 1094)A]


Chelsea Property Owners--Abandonment--Portion of the Consolidated 
Rail Corporation's West 30th Street Secondary Track in New York, NY

AGENCY: Surface Transportation Board.

ACTION: Notice of public hearing.

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SUMMARY: The Surface Transportation Board (Board) will hold a public 
hearing in this case on Thursday, July 24, 2003, in New York City, NY. 
The hearing will provide a forum for interested persons to express 
their views on the matters at issue in this proceeding. Persons wishing 
to speak at the hearing should notify the Board in writing.

DATES: The public hearing will take place on Thursday, July 24, 2003. 
Persons wishing to speak at the hearing should file with the Board a 
written notice of intent to participate (and should indicate a 
requested time allotment) as soon as possible but no later than July 
15, 2003. Written statements by persons participating in the hearing 
may be submitted prior to the hearing but are not required. Persons 
wishing to submit written statements should do so by July 17, 2003.

ADDRESSES: An original and 10 copies of all notices of intent to 
participate and any written statements should refer to Docket No. AB-
167 (Sub-No. 1094)A, and should be sent to: Surface Transportation 
Board, Attn: Docket No. AB-167 (Sub-No. 1094)A, 1925 K Street, NW., 
Washington, DC 20423-0001.

FOR FURTHER INFORMATION, CONTACT: Joseph Dettmar, (202) 565-1609. 
[Federal Information Relay Service (FIRS) (Hearing Impaired): (800) 
877-8339.]

SUPPLEMENTARY INFORMATION: In 1992, the Board's predecessor, the 
Interstate Commerce Commission (ICC), agreed to withdraw its 
jurisdiction over the Highline,\1\ a 1.45-mile elevated viaduct owned 
by Consolidated Rail Corporation (Conrail) in New York City, NY.\2\ 
Chelsea Property Owners, a group

[[Page 34697]]

comprised of owners of property crossed by the Highline, had sought the 
withdrawal to enable them to pursue condemnation and demolition of the 
viaduct. The ICC conditioned its order on CPO agreeing to indemnify 
Conrail for all demolition costs in excess of $7 million.
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    \1\ Chelsea Property Owners--Aban.--The Consol. R. Corp., 8 
I.C.C.2d 773 (1992) (Chelsea), aff'd sub nom. Consolidated Rail 
Corp. v. I.C.C., 29 F.3d 706 (D.C. Cir. 1994) (Conrail).
    \2\ The Highline is an elevated steel and concrete viaduct built 
in Lower Manhattan in 1930. The Highline rises from grade level on 
steel columns near the corner of 34th Street and Eleventh Avenue 
just to the north of the Caemmerrer West Side Yard; loops around the 
Yard before turning south at 30th Street near Tenth Avenue; and 
extends south mostly to the west of Tenth Avenue until terminating 
at Gansevoort Street. The Highline was constructed pursuant to 
easements that require Conrail to absorb all demolition costs when 
the easements terminate. Abandonment constitutes termination under 
the easements. For a history of the Highline, see Chelsea Property 
Owners--Aban.--The Consol. R. Corp., 7 I.C.C.2d 991, 992-94 (1991).
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    Ten years later in August 2002, CPO advised the Board that it had 
negotiated a proposed settlement agreement with Conrail, CSX 
Transportation, Inc. (CSX), and the other rail interests, and with the 
involved governmental interests. CPO asked the Board to find that this 
agreement satisfies the indemnity condition imposed by the ICC. Friends 
of the Highline, Inc. has filed a petition to reopen the Chelsea 
decision based on historic and environmental grounds. The City of New 
York, which CPO evidently expected to be a signatory to the proposed 
agreement, has asked the Board instead to issue a certificate of 
interim trail use (CITU) in this case. A CITU would permit the City to 
negotiate with Conrail to preserve, i.e., ``rail bank'' the Highline 
pending the viaduct's possible future restoration to rail service. 
Conrail and CSX have asked the Board to determine whether it has the 
authority to issue a CITU in these circumstances.
    Date of Hearing. The hearing will begin at 2 p.m. on Thursday, July 
24, 2003, in the Federal Conference Center, in the Jacob Javits Federal 
Building, 26 Federal Plaza, New York, New York, and will extend, if 
necessary for every person scheduled to speak to be heard, for 2 hours.
    Notice of Intent To Participate. Persons wishing to speak at the 
hearing should file with the Board a written notice of intent to 
participate, and should indicate a requested time allotment, as soon as 
possible but no later than July 15, 2003.
    Written Statements. Persons wishing to submit written statements 
should do so by July 17, 2003.
    Paper Copies. Persons intending to speak at the hearing and/or to 
submit written statements prior to the hearing should submit an 
original and 10 paper copies, respectively, of their notices and/or 
written statements.
    Board Releases Available via the Internet. Decisions and notices of 
the Board, including this notice, are available on the Board's Web site 
at http://www.stb.dot.gov.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Dated: June 4, 2003.

    By the Board, Vernon A. Williams, Secretary.
Vernon A. Williams,
Secretary.
[FR Doc. 03-14412 Filed 6-9-03; 8:45 am]
BILLING CODE 4915-00-P