C.F.R. » Title 49 » CHAPTER X—SURFACE TRANSPORTATION BOARD › SUBCHAPTER B—RULES OF PRACTICE › PART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903 › Subpart C—Procedures Governing Notice, Applications, Financial Assistance, Acquisition for Public Use, and Trail Use

49 C.F.R. § 1152.20

Notice of intent to abandon or discontinue service

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(a) Filing and publication requirements. An applicant shall give Notice of Intent to file an abandonment or discontinuance application by complying with the following procedures:

(1) Filing. Applicant must serve its Notice of Intent on the Board, by certified letter, in the format prescribed in § 1152.21. The Notice shall be filed in accordance with the time requirements of paragraph (b) of this section.

(2) Service. Applicant must serve, by first-class mail (unless otherwise specified), its Notice of Intent upon:

(i) Significant users of the line;

(ii) The Governor (by certified mail) of each state directly affected by the abandonment or discontinuance. (For the purposes of this section “states directly affected” are those in which any part of the line sought to be abandoned is located).

(iii) The Public Service Commission (or equivalent agency) in these states;

(iv) The designated state agency in these states;

(v) The State Cooperative Extension Service in these states;

(vi) The U.S. Department of Transportation (Federal Railroad Administration);

(vii) Department of Defense (Military Surface Deployment and Distribution Command, Transportation Engineering Agency, Railroads for National Defense Program);

(viii) The U.S. Department of Interior (Recreation Resources Assistance Division, National Park Service);

(ix) The U.S. Railroad Retirement Board;

(x) The National Railroad Passenger Corporation (“Amtrak”) (if Amtrak operates over the involved line);

(xi) The U.S. Department of Agriculture, Chief of the Forest Service; and

(xii) The headquarters of all duly certified labor organizations that represent employees on the affected rail line.

(3) Posting. Applicant must post a copy of its Notice of Intent at each agency station and terminal on the line to be abandoned. (If there are no agency stations on the line, the Notice of Intent should be posted at any agency station through which business for the involved line is received or forwarded.)

(4) Newspaper publication. Applicant must publish its Notice of Intent at least once during each of 3 consecutive weeks in a newspaper of general circulation in each county in which any part of the involved line is located.

(b) Time limits. (1) The Notice of Intent must be served at least 15 days, but not more than 30 days, prior to the filing of the abandonment application;

(2) The Notice must be posted and fully published within the 30-day period prior to the filing of the application; and

(3) The Notice must be filed with the Board either concurrently with service or when the Notice is first published (whichever occurs first).

(c) Environmental and Historic Reports. Applicant must also submit the Environmental and Historic Reports described at §§ 1105.7 and 1105.8 at least 20 days prior to filing an application.

[61 FR 67883, Dec. 24, 1996, as amended at 68 FR 67810, Dec. 4, 2003; 83 FR 15079, Apr. 9, 2018]
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1983–2025 · leading case: Chevy Chase Land Co. v. United States
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Chevy Chase Land Co. v. United States (1999) md · cites it 2× “See 49 C.F.R. § 1152.20 (a)(3). The corporate resolutions are necessary internal decision-making steps for pursuing regulatory abandonment, and a railroad obviously cannot obtain approval for discontinuance of service or abandonment without filing an application with federal…”
National Ass'n of Reversionary Property Owners v. Surface Transportation Board (1998) cadc · cites it 5× “See 49 C.F.R. § 1152.20 (a)(1). The railroad must provide a copy of the Notice to significant users of the railroad, certain state entities including the governor, certain federal entities, Amtrak (if it uses the line), the Railroad Labor Executives’ Association, and relevant…”
Glosemeyer v. United States (2000) uscfc “See 49 C.F.R. §§ 1152.20 , 1152.22. In the case of a railroad that is applying for abandonment under 49 C.”
Illig v. United States (2003) uscfc “); 49 C.F.R. §§ 1152.20 , 1152.22. On March 25, 1992, the ICC issued a “Notice of Interim Trail Use or Abandonment” (“NITU”) allowing MoPac to remove its track, and cease operation of the railroad.”
Samuel C. Johnson 1988 Trust v. Bayfield County (2011) ca7 “See 49 C.F.R. § 1152.20 (a). Avista is also inconsistent with Keife v.”
Railway Labor Executives' Association v. Interstate Commerce Commission and United States of America (1984) ca2 “The BEDT case On May 2, 1983, BEDT, having earlier published a Notice of Intent to Abandon Service, pursuant to- 49 C.F.R. § 1152.20 , alerting all interested parties, including its employees, of the procedure they must follow if they wished to protest the abandonment and to…”
Good v. Skagit County (2001) washctapp “49 C.F.R. §§ 1152.20 (b), 1152.24(a). The STB publishes notice of the application in the Federal Register.”
Goos v. Interstate Commerce Commission (1990) ca8 “, 49 C.F.R. § 1152.20 (1989), and an application for a certificate of public convenience and necessity within thirty days thereafter.”
Swisher v. United States (2001) ksd “49 C.F.R. § 1152.20 (a)(1). The railroad then files an application for abandonment after the notice of intent is filed.”
Marshall Durbin Food Corp. v. Interstate Commerce Commission (1992) ca11 “§ 10903 (1988) and 49 C.F.R. § 1152.20 (1991) seeking to abandon the assertedly money-losing segment of its track linking Whistler Station and Waynes-boro.”
Glazer Steel Corp. v. Interstate Commerce Commission (1984) ca5 “Facts Following the requirements of the ICC regulations, 49 C.F.R. 1152.20, the ICG filed a notice of intent to abandon a part of its line in the New Orleans warehouse district.”
Illinois v. Interstate Commerce Commission (1983) ca7 “The Commission’s regulations require that a railroad give 15 days’ notice to shippers and others before filing its application to abandon, 49 C.F.R. § 1152.20 (b); that the application be verified and contain the railroad’s entire case for abandonment, § 1152.”
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