SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_55_787_X

Case Title:  
CSX TRANSPORTATION, INC.--ABANDONMENT EXEMPTION--IN BRONX COUNTY, N.Y.

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT CSX TRANSPORTATION, INC. FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 1.8-MILE RAIL LINE ON ITS PORT MORRIS BRANCH, ALBANY DIVISION, BETWEEN MILEPOST QVP 0.0 AND MILEPOST QVP 1.8 IN BRONX COUNTY, N.Y.

    Decision Attachments

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    Full Text of Decision

46774 SERVICE DATE – FEBRUARY 8, 2019

DO

FR-4915-01-P

SURFACE TRANSPORTATION BOARD

[Docket No. AB 55 (Sub-No. 787X)]

CSX Transportation, Inc.—Abandonment Exemption—in Bronx County, N.Y.

CSX Transportation, Inc. (CSXT), has filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments to abandon an approximately 1.8‑mile rail line on its Port Morris Branch, Albany Division, between milepost QVP 0.0 and milepost QVP 1.8 in Bronx County, N.Y. (the Line).[1] The Line traverses U.S. Postal Service Zip Codes 10456, 10455, and 10454.

CSXT has certified that: (1) no local traffic has moved over the Line for at least two years; (2) any overhead traffic on the Line can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local 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 any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 C.F.R.  1105.12 (newspaper publication), 49 C.F.R.  1152.50(d)(1) (notice to governmental agencies), and 49 C.F.R. 1105.7 and 1105.8 (environment and historic report), have been met.

As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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,[2] this exemption will be effective on March 12, 2019, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,[3] formal expressions of intent to file an OFA under 49 C.F.R.  1152.27(c)(2),[4] and interim trail use/rail banking requests under 49 C.F.R.  1152.29 must be filed by February 15, 2019. Petitions to reopen or requests for public use conditions under 49 C.F.R.  1152.28 must be filed by February 28, 2019, with the Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001.

A copy of any petition filed with the Board should be sent to CSXT’s representative, Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204.

If the verified notice contains false or misleading information, the exemption is void ab initio.

CSXT has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by February 15, 2019. Interested persons may obtain a copy of the EA by writing to OEA (Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (800) 877‑8339. 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 C.F.R. 1152.29(e)(2), CSXT 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 CSXT’s filing of a notice of consummation by February 8, 2020, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.

Board decisions and notices are available at www.stb.gov.

Decided: February 5, 2019.

By the Board, Allison C. Davis, Acting Director, Office of Proceedings.



[1] Publication of this notice was delayed due to the partial shutdown of the Federal government from December 22, 2018, through January 25, 2019. See 49 C.F.R.  1152.50(d)(3).

[2] The Board modified its OFA procedures effective July 29, 2017. Among other things, the OFA process now requires potential offerors, in their formal expression of intent, to make a preliminary financial responsibility showing based on a calculation using information contained in the carrier’s filing and publicly available information. See Offers of Financial Assistance, EP 729 (STB served June 29, 2017); 82 Fed. Reg. 30,997 (July 5, 2017).

[3] The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. 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.

[4] Each OFA must be accompanied by the filing fee, which currently is set at $1,800. See 49 C.F.R.  1002.2(f)(25).