[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Page 64883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25938]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35866]


Massachusetts Department of Transportation--Acquisition 
Exemption--Certain Assets of Housatonic Railroad Company, Inc.

    The Massachusetts Department of Transportation (MassDOT), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire from Housatonic Railroad Company, Inc. (HRRC) and 
Maybrook Railroad Company (MRC) \1\ certain railroad assets comprising 
a section of the ``Berkshire Line,'' extending from approximately 
milepost 50.0 at the Massachusetts-Connecticut border at Sheffield, 
Mass., to a connection with CSX Transportation, Inc., at approximately 
milepost 86.3 at Pittsfield, Mass., a distance of approximately 36.3 
miles (the Line).
---------------------------------------------------------------------------

    \1\ MassDOT states that MRC is not a rail carrier for purposes 
of the present transaction and, therefore, is not listed in the 
proceeding caption.
---------------------------------------------------------------------------

    According to MassDOT, the acquisition of the Line is intended to 
facilitate the Commonwealth's long-term plans to restore regional 
passenger train service linking the Berkshire region of western 
Massachusetts with the New York City metropolitan area and the 
Northeast Corridor megalopolis. MassDOT states that the acquisition of 
the Line is one step in what MassDOT anticipates will be an involved, 
multi-step process that ultimately will lead to the establishment of a 
new railroad passenger service route in the Northeast. MassDOT states 
that, pursuant to a draft Purchase and Sale Contract, MassDOT has 
secured the right to purchase MRC's and HRRC's respective rights, 
title, and interest in the right-of-way, trackage, and other physical 
assets (such as signboard and fiber optics unrelated to the provision 
of common carrier freight service) associated with the Line, subject to 
HRRC's retained exclusive, irrevocable, perpetual, assignable, 
divisible, licensable, and transferable freight railroad operating 
easement. MassDOT also states that it will not acquire the right, nor 
will it have the ability, to provide rail common carrier service over 
the Line.\2\ According to MassDOT, the agreements governing the subject 
asset sale and post-transaction railroad operations preclude MassDOT 
from interfering materially with the provision of railroad common 
carrier service over the Line. MassDOT, however, will be entitled in 
the future to initiate (itself, or through a designated third party) 
intercity passenger service and regional commuter rail service over the 
Line. MassDOT states that the proposed transaction does not involve any 
provision or agreement that would limit future interchange with a 
third-party connecting carrier.
---------------------------------------------------------------------------

    \2\ A motion to dismiss the notice of exemption on grounds that 
the transaction does not require authorization from the Board was 
concurrently filed with this notice of exemption. The motion to 
dismiss will be addressed in a subsequent Board decision.
---------------------------------------------------------------------------

    MassDOT certifies that, because it will conduct no freight 
operations on the line segment being acquired, its revenues from 
freight operations will not result in the creation of a Class I or 
Class II carrier.
    MassDOT also states that the parties expect to consummate the 
transaction on or about December 15, 2014, which is after the effective 
date of November 15, 2014.
    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 to stay must be filed no later than November 7, 
2014 (at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35866, 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 Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: October 28, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014-25938 Filed 10-30-14; 8:45 am]
BILLING CODE 4915-01-P