[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 13005-13006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04145]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36669]
Massachusetts Bay Transportation Authority--Acquisition
Exemption--CSX Transportation, Inc.
The Massachusetts Bay Transportation Authority (MBTA) \1\ has filed
a verified notice of exemption under 49 CFR 1150.41 to acquire from CSX
Transportation, Inc. (CSXT), approximately 8.86 miles of track, which
includes: (1) an 8.4-mile segment of railroad track between milepost
QVG 0.0, at Franklin, Norfolk County, Mass., and milepost QVG 8.4, at
Milford, Worcester County, Mass., generally known as the Milford
Secondary Line; and (2) a roughly 0.46-mile segment of the Franklin
Industrial Track, contiguous with the Milford Secondary, extending
between valuation station 1456+00 and valuation station 1480+40
[[Page 13006]]
within Franklin, Norfolk County, Mass. (collectively, the Line).\2\
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\1\ In its verified notice, MBTA states that it is a common
carrier by virtue of its ownership of lines of railroad not directly
involved in this proceeding. See, e.g., Boston & Me. Corp.--
Discontinuance of Service Exemption--in Middlesex Cnty., Mass., AB
32 (Sub-No. 56X) (STB served Feb. 10, 1994).
\2\ MBTA also filed a motion to dismiss its notice of exemption
on the grounds that its transaction does not require authorization
from the Board. The motion to dismiss will be addressed in a
subsequent Board decision.
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MBTA states that, under the proposed transaction, it will acquire
the Line subject to one freight common carrier service easement that
will be retained by CSXT (the Easement). According to MBTA, CSXT will
operate over the Franklin Industrial segment pursuant to the Easement
and the Grafton & Upton Railroad Company (G&U), a Class III carrier,
will operate over the Milford Secondary Line via assignment of CSXT's
retained easement over that portion of the Line.\3\ MBTA states that
the proposed transaction has been agreed upon pursuant to a contract
for sale dated April 11, 2022. According to MBTA, the agreements
governing the subject asset sale and post-transaction railroad
operations prohibit MBTA from providing freight common carrier service,
and from unreasonably interfering with the common carrier operations of
the freight service provided over the Line. MBTA asserts, however, that
it will possess the right to provide commuter rail service over the
Line. MBTA also states that the agreements that underly the acquisition
do not contain any provision or agreement limiting future interchange
with a third-party connecting carrier.
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\3\ MBTA states that G&U currently holds an easement for the
Milford Secondary pursuant to a transaction authorized in Grafton &
Upton Railroad--Acquisition & Operation Exemption--CSX
Transportation, Inc., FD 36444 (STB served Sept. 28, 2020). However,
according to MBTA, that easement is set to terminate upon the
closing of the present transaction. MBTA asserts that,
contemporaneously with its acquisition of the Line, CSXT intends to
assign the portion of the Easement over the Milford Secondary to
G&U. In Grafton & Upton Railroad--Acquisition & Operation
Exemption--CSX Transportation, Inc., Docket No. FD 36670, G&U filed
a verified notice of exemption for operation over the Milford
Secondary, pursuant to 49 CFR part 1150.
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MBTA certifies that, because it does not currently operate freight
common carrier service over the Line (and thus generates no freight
common carrier service revenues), MBTA's prospective annual common
carrier revenues will not result in the creation of a Class I or Class
II carrier.
MBTA states that it will consummate the proposed transaction once
the Board has rendered a favorable decision on the concurrently filed
motion to dismiss, and upon the effectiveness of an anticipated notice
of exemption to be filed by G&U in a separate proceeding. The earliest
this transaction may be consummated is March 15, 2023, the effective
date of the exemption (30 days after the verified notice of exemption
was filed). If the 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 March 8, 2023 (at least
seven days before the exemption becomes effective). All filings in
response to this notice must refer to Docket No. FD 36669 and must be
filed with the Surface Transportation Board either via e-filing on the
Board's website or in writing addressed to 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
800, Chicago, IL 60606-3268.
Board decisions and notices are available at www.stb.gov.
Decided: February 23, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-04145 Filed 2-28-23; 8:45 am]
BILLING CODE 4915-01-P