[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15114-15115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04906]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36670]


Grafton and Upton Railroad Company--Acquisition and Operation 
Exemption--CSX Transportation, Inc.

    Grafton and Upton Railroad Company (G&U), a Class III carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire by 
easement from CSX Transportation, Inc. (CSXT), and to continue to 
operate, approximately 8.4 miles of rail line

[[Page 15115]]

(known as the Milford Secondary) between milepost QVG 0 and milepost 
QVG 8.4 in Milford, Bellingham, and Franklin, Mass. (the Line).\1\
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    \1\ G&U currently operates over the Line pursuant to an existing 
easement from CSXT. See Grafton & Upton R.R.--Acquis. & Operation 
Exemption--CSX Transp., Inc., FD 36444 (STB served Oct. 14, 2020).
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    According to the verified notice, this proceeding is related to 
Massachusetts Bay Transportation Authority--Acquisition Exemption--CSX 
Transportation, Inc., Docket No. FD 36669. In that proceeding, 
Massachusetts Bay Transportation Authority (MBTA) filed a verified 
notice of exemption seeking authority to acquire the physical assets of 
the Line and another rail line from CSXT, subject to a permanent and 
exclusive freight common carrier service easement that will be retained 
by CSXT. See Mass. Bay Transp. Auth.--Acquis. Exemption--CSX Transp., 
Inc., Docket No. FD 36669, slip op. at 1-2 (STB served March 1, 
2023).\2\ In the verified notice in this proceeding, G&U states that 
immediately upon MBTA's closing on the Line's assets, CSXT will assign 
its new, retained freight easement over the Line to G&U, which will 
replace G&U's existing easement. G&U further states that it will 
execute an operating agreement with the MBTA which, together with the 
new easement, will govern, among other things, MBTA's commuter rail 
operations and maintenance and G&U's freight common carrier operations 
over the Line. According to G&U, the agreement assigning the easement 
from CSXT to G&U provides for an initial term of ten years, subject to 
three five-year extensions if certain conditions are met.
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    \2\ As noted in that decision, MBTA also filed a motion to 
dismiss its notice of exemption on the grounds that its transaction 
does not require authorization from the Board. Mass. Bay Transp. 
Auth.--Acquis. Exemption--CSX Transp., Inc., Docket No. FD 36669, 
slip op. at 1 n.1 (STB served March 1, 2023).
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    G&U certifies that its projected annual revenues as a result of 
this transaction will not exceed $5 million or the threshold required 
to qualify as a Class III carrier. G&U also certifies that the proposed 
transaction does not involve a provision or agreement that may limit 
future interchange with a third-party connecting carrier.
    The transaction may be consummated on or after March 24, 2023, the 
effective date of the exemption (30 days after the verified notice was 
filed).\3\
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    \3\ In Docket No. FD 36669, MBTA states that it will consummate 
its acquisition of the Line's assets once the Board has rendered a 
favorable decision on the motion to dismiss filed concurrently in 
that docket and upon effectiveness of the exemption here. Mass. Bay 
Transp. Auth.--Acquis. Exemption--CSX Transp., Inc., Docket No. FD 
36669, slip op. at 2-3 (STB served March 1, 2023).
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    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 March 17, 
2023 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36670, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on G&U's representative, James E. 
Howard, 57 Via Buena Vista, Monterey, CA 93940.
    According to G&U, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: March 7, 2023.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2023-04906 Filed 3-9-23; 8:45 am]
BILLING CODE 4915-01-P