00, at Birmingham. The reason for the discontinuance at the requested rate is explained below: the Tennessee Department of Transportation (DOT), which owns the CSX property, decided to develop a new bypass route on which CSX would build an extension, in the Nashville/Murfreesboro/Johnson City (NJ / NU) area to Memphis. The construction of one additional mile of CSX track in Johnson City is not part of the project as planned. This portion of the discontinuance at Memphis is a result of the request by Tennessee DOT to CSX to discontinue certain aspects of its Nashville/Johnson City operations when a new project is in construction. On June 11, 2002, CSX received a letter from DOT ordering CSX to cease service for the 1.1-mile portion between mileposts ON 224.00 and ON 222.00 (the Birmingham segment of the line to Birmingham). At this time, CSX has determined it will build the proposed bypass route in Nashville and the service plan is not dependent on the continued use of the line in Birmingham. On July 10, 2002, CSX filed a letter in opposition to the denial of service. On July 12, 2002, Board staff sent in a memorandum to the Director, requesting a supplemental report explaining the reasons for the discontinuance of the service and the plan for future operations. Board staff indicated it was concerned that “CSX could face the possibility of legal action for continuing this service.” The memorandum to the Director of Staff stated, in part: While this action is the result of a decision of the Tennessee Department of Transportation (DOT) to discontinue certain aspects of its Nashville/Johnson City operations the railroad believes that continuing this service will cause problems to [the Tennessee DOT program administrator] and his staff and this will be adversely affecting the railroad's interests. Therefore, CSX believes that it needs to discontinue the proposed route before it is too late. The discontinuance is expected to occur in September 2001. For its part, CSX argues that the discontinuation of this service will not cause any problems to the Tennessee DOT program administrator and that, therefore, a plan for future operations has been put in place to minimize the adverse effect a potential lawsuit might have on CSX's interests.
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32904 SERVICE DATE JULY 302002,02 DO FR-4915-00-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board STB Docket No. AB-55 (Sub-No. 618) CSX Transportation, Inc. Discontinuance at Memphis, in
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