[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Notices]
[Pages 52364-52365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21316]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35943]


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

    The Massachusetts Department of Transportation (MassDOT)\1\ has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
from Pan Am Southern LLC (PAS) certain railroad assets and associated 
right-of-way, known generally as the Adams Branch, extending from 
Engineering Station 739+20 in Adams, Mass., to Engineering Station 
981+45 in North Adams, Mass.

[[Page 52365]]

(the Railroad Assets), a distance of approximately 4.6 miles.
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    \1\ Citing Massachusetts Department of Transportation--
Acquisition & Operation Exemption--Certain Assets of Housatonic 
Railroad, FD 35866 (STB served May 22, 2015), MassDOT describes 
itself as being ``considered by the Board to be a non-operating 
passenger rail common carrier by virtue of its possession of as-yet-
unexercised interstate passenger rail service rights on an unrelated 
rail line in western Massachusetts.''
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    According to MassDOT, the acquisition of the Railroad Assets will 
promote continued use (and potential growth) of freight traffic due in 
part to physical plant improvements that MassDOT is already 
undertaking, and will facilitate use of the property for railroad 
passenger excursion operations.
    MassDOT also states that it will not acquire the right, nor will it 
have the ability, to provide rail freight common carrier service over 
the Railroad Assets, and that PAS will retain a permanent, exclusive 
freight operating easement over the Railroad Assets.\2\ Under the terms 
of the governing agreements, MassDOT maintains that it will be entitled 
to conduct entirely intrastate passenger rail excursion service over 
the Railroad Assets. MassDOT states that the proposed transaction has 
been agreed upon pursuant to a June 26, 2015 Purchase and Sale 
Contract. According to MassDOT, the agreements governing the subject 
asset sale and post-transaction railroad operations preclude MassDOT 
from interfering materially with PAS's provision of railroad common 
carrier service over the Railroad Assets. MassDOT also states that the 
proposed transaction does not involve any provision or agreement that 
would limit future interchange with a third-party connecting carrier.
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    \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.
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    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 also states that the parties intend to consummate the 
transaction on or about September 28, 2015, subject to a Board decision 
on the concurrently filed motion to dismiss. The earliest this 
transaction may be consummated is September 13, 2015 (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 to stay must be filed no later than September 4 
2015 (at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35943, 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: August 25, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-21316 Filed 8-27-15; 8:45 am]
 BILLING CODE 4915-01-P