SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_70_6_X

Case Title:  
FLORIDA EAST COAST RAILWAY, L.L.C., - ABANDONMENT EXEMPTION - IN MIAMI-DADE COUNTY, FLA.

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT FLORIDA EAST COAST RAILWAY, L.L.C. FILED A NOTICE OF EXEMPTION TO ABANDON AN APPROXIMATELY 1.21-MLE RAIL LINE ON ITS SOUTH LITTLE RIVER BRANCH LINE, BETWEEN MILEPOSTS LR 11+3989 AND LR 13+0000 (THE LINE), IN MIAMI-DADE COUNTY, FLA.

    Decision Attachments

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    Full Text of Decision

40928

45025 SERVICE DATE – FEBRUARY 10, 2016

DO

FR-4915-01-P

SURFACE TRANSPORTATION BOARD

[Docket No. AB 70 (Sub-No. 6X)]

Florida East Coast Railway, L.L.C.—Abandonment Exemption—in Miami-Dade County, Fla.

Florida East Coast Railway, L.L.C. (FEC) has filed a verified notice of exemption under 49 C.F.R. part 1152 subpart F–Exempt Abandonments to abandon an approximately 1.21-mile rail line on its South Little River Branch Line, between mileposts LR 11+3989 and LR 13+0000 (the Line), in Miami-Dade County, Fla. The Line traverse U.S. Postal Service Zip Codes 33144 and 33126.

FEC states that it plans to abandon the Line, salvage the track and materials, and convert the property to trail use. The proposed consummation date is March 11, 2016.

FEC has certified that: (1) no local traffic has moved over the Line for at least two years; (2) any overhead traffic can be and has been 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 with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 C.F.R.  1105.7(c) and 1105.8(c) (environmental and historic report), 49 C.F.R.  1105.11 (transmittal letter), 49 C.F.R.  1105.12 (newspaper publication), and 49 C.F.R.  1152.50(d)(1) (notice to governmental agencies) 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, this exemption will become effective on March 11, 2016, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,[1] formal expressions of intent to file an OFA under 49 C.F.R.  1152.27(c)(2),[2] and interim trail use/rail banking requests under 49 C.F.R.  1152.29 must be filed by February 22, 2016. Petitions to reopen or requests for public use conditions under 49 C.F.R.  1152.28 must be filed by March 1, 2016, 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 FEC’s representative: Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Ave., Suite 301, Towson, MD 21204.

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

FEC 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 12, 2016. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, 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 interim 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), FEC 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 FEC’s filing of a notice of consummation by February 10, 2017, 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: February 4, 2016.

By the Board, Rachel D. Campbell, Director, Office of Proceedings.



[1] 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.

[2] Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 C.F.R.  1002.2(f)(25).