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(erielack) NYCH

At least as much interest to many on this list as all that moaning about the
new NJT electrics . . . and I agree with Chris Thurner . . .

SGL



> STB Docket No. AB-596
>
> New York City Economic Development Corporation - Adverse Abandonment -
> New
> York Cross Harbor Railroad, Inc., in New York, NY
>
> On December 4th, 2001, (1) New York City Economic Development
> Corporation (NYCEDC) on behalf of the City of New York (City) filed an
> adverse application under 49 U.S.C. 10903 requesting that the Surface
> Transportation Board (Board) authorize the abandonment by New York Cross
> Harbor Railroad, Inc. (NYCH), of the Bush Terminal Yard (a/k/a "First
> Avenue Yard") and the Harborside Industrial Center (a/k/a "Brooklyn Army
> Terminal") (jointly the Tracks and Facilities), in New York, Kings
> County, NY. The line traverses
> United States Postal Service ZIP Codes 11232 and 11220. There is no
> indication that there are stations on the line.
>
> NYCEDC maintains that NYCH has caused and will continue to cause
> significant environmental damage to the tracks and facilities by dumping
> chemicals and
> pesticides used in the operation and maintenance of a railroad. NYCEDC
> indicates that it filed the adverse abandonment application so that it
> could proceed with plans to bring suit in state court to evict NYCH from
> the tracks and facilities. (2) NYCEDC also claims that NYCH has incurred
> $20,107.61 in late fees since July 1995.
>
> In an application by a third party for a determination that the public
> convenience and necessity permits service over a line to be discontinued
> or abandoned, the issue before the Board is whether the public interest
> requires that the line in question be retained as part of the national
> rail system. By granting a third party application, the Board withdraws
> its primary jurisdiction over the line. Questions of the disposition of
> the
> line, including the adjudication of various claims of ownership or other
> rights and obligations, are then left to state or local authorities. See
> Kansas City Pub. Ser. Frgt. Operations Exempt. - Aban., 7 I.C.C.2d 216,
> 224-26 (1990).
>
> NYCEDC states that, to the best of its knowledge, the line does not
> contain any federally granted rights-of-way. Any documentation in
> NYCEDC's possession will be made available promptly to those requesting
> it. The applicant's entire case for abandonment was filed with the
> application. (3)
>
> The interests of railroad employees will be protected by the conditions
> set forth in Oregon Short Line R. Co. - Abandonment - Goshen, 360 I.C.C.
> 91 (1979).
>
> Any interested person may file written comments concerning the proposed
> abandonment or protests (including protestant's entire opposition case )
> by January 18th, 2002. Applicant's reply is due on February 4th, 2002.
> Because the line is publicly owned and is expected to remain in rail
> service under some new arrangement, trail use/rail banking, and public
> use requests are not appropriate. In light of the proposed eviction and
> subsequent resumption of rail service, offers of financial assistance to
> acquire or subsidize service on the line are not required by the public
> interest and will not be
> entertained in this proceeding.
>
> Persons opposing the abandonment who wish to participate actively and
> fully in the process should file a protest. Persons who may oppose the
> abandonment but who do not wish to participate fully in the process by
> submitting verified statements of witnesses containing detailed evidence
> should file comments. Persons seeking information concerning the filing
> of protests should refer to 49 CFR 1152.25.
>
> All filings in response to this notice must refer to STB Docket No.
> AB-596 and must be sent to: (1) Surface Transportation Board, Office of
> the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC
> 20423-0001; and (2) Charles A. Spitulnik and Alex Menendez, One
> Massachusetts Ave, NW, Suite 800, Washington, DC 20001. The original and
> 10 copies of all comments or protests shall be filed with the Board with
> a certificate of service. Except as otherwise set forth in part 1152,
> every document filed with the Board must be served on all parties to the
> abandonment or discontinuance proceeding. 49 CFR 1104.12(a).
>
> Persons seeking further information concerning abandonment procedures
> may contact the Board's Office of Public Services at (202) 565-1592 or
> refer to the full abandonment or discontinuance regulations at 49 CFR
> 1152. Questions concerning environmental issues may be directed to the
> Board's Section of Environmental Analysis (SEA) at (202) 565-1552. [TDD
> for the hearing impaired is available at 1-800-877-8339.]
>
> An environmental assessment (EA) (or environmental impact statement
> (EIS), if necessary) prepared by SEA will be served upon all parties of
> record and upon any agencies or other persons who commented during its
> preparation. Other interested persons may contact SEA to obtain a copy
> of the EA (or EIS). EAs in abandonment or discontinuance proceedings
> normally will be made available within 33 days of the filing of the
> application. The deadline for submission of comments on the EA will
> generally be within 30 days of its
> service. The comments received will be addressed in the Board's
> decision. A supplemental EA or EIS may be issued where appropriate.
>
> Decided: December 14, 2001.
> By the Board, David M. Konschnik, Director, Office of Proceedings
> Vernon A. Williams, Secretary
>
> 1. On December 4, 2001, NYCEDC filed a petition for a 1-day extension of
> time in order to gather the information necessary to file its
> application for adverse abandonment. Board regulations and case law
> permit extension of time for filing when good cause is shown and no
> party will be prejudiced by the delayed submission. See Huron Valley
> Steel Co. v. Seaboard System RR, Inc., ICC Docket No. 39886 (ICC served
> Feb. 12, 1988). The extension is granted and the application is accepted
> because NYCEDC has shown good cause
> and no party will be prejudiced by the delay.
>
> 2. NYCH does not own the tracks and facilities or the underlying land;
> rather it leases the tracks and facilities from the City. NYCEDC
> contends that NYCH has breached its lease by violating local fire codes
> and state and Federal environmental law. In its Combined Environmental
> and Historic Report, NYCEDC indicates that the tracks and facilities
> will continue to be used for rail purposes because of the planned
> re-development and expansion of the adjacent maritime terminals in order
> to promote water to rail movement of cargo.
>
> 3. In a decision served in this proceeding on December 3, 2001, NYCEDC
> was granted a waiver from many of the filing requirements of the Board's
> abandonment regulations at 49 CFR 1152 that were found to be not
> relevant to NYCEDC's adverse abandonment application. On December 10,
> 2001, NYCEDC filed a supplement to its application to address the
> requirements not waived in the December 3rd, 2001 decision. The
> supplement is accepted for filing.
>

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