[Federal Register Volume 67, Number 228 (Tuesday, November 26, 2002)]
[Notices]
[Page 70808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29876]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34276]


Massachusetts Port Authority-Acquisition Exemption-Certain Assets 
of Boston and Maine Corporation

    The Massachusetts Port Authority (Massport), a noncarrier, has 
filed a notice of exemption under 49 CFR 1150.31 to acquire from the 
Boston and Maine Corporation (B&M) certain railroad rights-of-way and 
related improvements, totaling approximately 1.45 miles, in 
Charlestown, Suffolk County, MA. Massport proposes to acquire B&M's 
right, title and interest in the rail line, known as the Mystic Wharf 
Branch line, between milepost 0.00 and milepost 1.45.\1\
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    \1\ B&M received Board authorization to abandon the above-
described line pursuant to a decision in Boston and Maine 
Corporation-Abandonment-in Suffolk County, MA, STB Docket No. AB-32 
(Sub-No. 92) (STB served Dec. 21, 2001).
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    Massport indicates that it does not intend to conduct rail 
operations over the line, but is acquiring it to preserve the rail 
right-of-way and availability of rail service to the Port. Massport 
further indicates that it may develop an adjacent haul road on the 
property at a later date. According to Massport, B&M will retain an 
exclusive permanent easement on the line for rail operations, and its 
affiliate Springfield Terminal Railway Company will continue to be 
responsible for providing rail operations over the line. Massport will 
not obtain the right or obligation to provide rail freight service on 
the line. Massport certifies that its projected revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier.
    The parties reported that they intended to consummate the 
transaction on November 13, 2002.
    If the notice contains false or misleading information, the 
exemption is void ab initio.\2\ Petitions to revoke the exemption under 
49 U.S.C. 10502(d) may be filed at any time. The filing of a petition 
to revoke will not automatically stay the transaction.
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    \2\ Massport simultaneously filed a motion to dismiss this 
proceeding, maintaining that the Board should not exercise 
jurisdiction over this transaction. The motion will be addressed by 
the Board in a separate decision.
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34276, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Keith G. O'Brien, REA, CROSS & 
AUCHINCLOSS, 1707 L Street NW., Suite 570, Washington, DC 20036.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 19, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-29876 Filed 11-25-02; 8:45 am]
BILLING CODE 4915-00-P