[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Notices]
[Pages 63668-63669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25346]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35863]


Massachusetts Department of Transportation--Acquisition 
Exemption--Pan Am Southern LLC

    The Massachusetts Department of Transportation (MassDOT), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire from Pan Am Southern LLC (PAS) certain railroad 
assets and associated rail line right-of-way, known generally as a 
portion of the Connecticut River Main Line (also known as the 
``Knowledge Corridor''), approximately 49.67 route miles in length, 
from Station 2+25 in Springfield, Mass., to the Massachusetts-Vermont 
border at Station 2613+66.85 at East Northfield, Mass. (the Railroad 
Assets). As part of this transaction, MassDOT would also acquire any 
right, title, or interest that PAS may currently possess to operate 
passenger trains over a segment of Amtrak-owned line between 
Springfield and the Massachusetts-Connecticut border. According to 
MassDOT, it is not acquiring any freight operating rights, and PAS will 
retain a permanent, exclusive freight operating easement over the 
Railroad Assets.\1\
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    \1\ Concurrently with its verified notice of exemption, MassDOT 
filed a motion to dismiss it on the ground that the transaction does 
not require authorization from the Board. The motion to dismiss will 
be addressed in a subsequent Board decision.
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    MassDOT states that the proposed transaction has been agreed upon

[[Page 63669]]

pursuant to a May 25, 2012 Purchase and Sale Contract, subsequently 
extended and modified by way of a Reinstatement and First Amendment to 
Purchase and Sale Contract. MassDOT also states that the agreement does 
not contain any provisions that would limit interchange with a third-
party connecting carrier.
    MassDOT certifies that it would not conduct freight operations over 
the Railroad Assets, and therefore, MassDOT's prospective annual common 
carrier revenues will not result in the creation of a Class I or Class 
II carrier.
    MassDOT states that it anticipates consummating the transaction on 
or about December 29, 2014, subject to a Board decision on the 
concurrently filed motion to dismiss. The earliest this transaction may 
be consummated is November 9, 2014, the effective date of the exemption 
(30 days after the verified notice was filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. 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 effectiveness of the 
exemption. Petitions for stay must be filed no later than October 31, 
2014 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35863, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on MassDOT's representative, Robert A. Wimbish, 
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 
60606.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: October 21, 2014.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.
Raina S. White.
Clearance Clerk,
[FR Doc. 2014-25346 Filed 10-23-14; 8:45 am]
BILLING CODE 4915-01-P