SNCR: Abandonment Proceedings To Proceed

STB Lifts Abeyance Delay On NYS Dept. Of Environmental Conservation Adverse Abandonment Application. Protest, Comment, Request Filings Due 30 September.

28 August, Washington DC

SURFACE TRANSPORTATION BOARD DECISION
Docket No. AB 1261

“… On August 19, 2019, the Adirondack Council filed a letter supporting the Department’s position opposing United Rail’s request and asks the Board to allow the adverse abandonment application to move forward. 

Because the negotiations involving OmniTRAX have terminated and the Department, the applicant here, opposes United Rail’s request to continue to hold the proceeding in abeyance, the proceeding will be removed from abeyance and a procedural schedule set. 

… Any interested person may file written comments concerning the proposed adverse abandonment or protests (including protestant’s entire opposition case) by September 30, 2019. Persons who may oppose the proposed adverse 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 opposing the proposed adverse abandonment who wish to participate actively and fully in the process should file a protest, observing the filing, service, and content requirements of 49 C.F.R. § 1152.25. The Department’s reply will be due by October 18, 2019. 

Any request for an interim trail use/railbanking condition under 16 U.S.C. § 1247(d) and 49 C.F.R. § 1152.29 must be filed by September 30, 2019, and should address whether the issuance of a certificate of interim trail use in this case would be consistent with the grant of an adverse abandonment application. (Reference: In a letter submitted on July 18, 2019, the Town of Newcomb asserted, among other things, that the time to file a request for interim trail use had expired. Although the Board’s notice served on September 28, 2018, stated that any request for an interim trail use/railbanking condition would be due by October 25, 2018, the proceeding was held in abeyance on October 23, 2018, before the deadline for such requests.)

Comments on the EA will be due by September 30, 2019. 

It is ordered: 

  1. The proceeding is removed from abeyance. 
  2. Protests (including protestant’s entire opposition case) or comments concerning the proposed adverse abandonment are due by September 30, 2019. 
  3. The Department’s reply is due by October 18, 2019. 
  4. Any requests for an interim trail use/railbanking condition under 16 U.S.C. § 1247(d) and 49 C.F.R. § 1152.29 must be filed by September 30, 2019.
  5. Comments on the EA will be due by September 30, 2019.
  6. This decision will be published in the Federal Register.
  7. This decision is effective on its service date (29.Aug.2019).”