[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Pages 66928-66929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21268]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36726]


Pan Am Southern LLC--Temporary Overhead Trackage Rights--Boston 
and Maine Corporation and Springfield Terminal Railway Corporation

    Pan Am Southern LLC (PAS) has filed a verified notice of exemption 
under 49 CFR 1180.2(d)(8) to acquire temporary overhead trackage rights 
over a line owned by the Boston and Maine Corporation (B&M) and leased 
and operated by Springfield Terminal Railway Company (ST). That line 
generally extends between PAS's existing connection to B&M/ST's tracks 
at Engineering Station 215+89 at CPF 312 outside Ayer, Mass., and 
Engineering Station 225+00 outside Ayer, for a total distance of 
approximately 1,000 feet (the Line).\1\
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    \1\ PAS filed a redacted copy of the draft written temporary 
trackage rights agreement as an exhibit to its verified notice, 
along with a separate motion for protective order pursuant to 49 CFR 
1104.14. On September 22, 2023, PAS filed redacted and unredacted 
copies of the fully executed agreement. PAS's motion for protective 
order is addressed in a separate decision.
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    According to PAS, its use of the Line would be limited to 
repositioning locomotives. PAS states that Pittsburg & Shawmut 
Railroad, LLC d/b/a Berkshire & Eastern Railroad (B&E) currently serves 
as the contract operator of PAS and that PAS/B&E serve a facility 
located on PAS's line, just west of its connection to the Line. PAS 
explains that due to a lack of space on PAS's line between the facility 
and CPF 312, PAS/B&E do not have sufficient headroom to reposition PAS/
B&E locomotives serving the facility, resulting in inefficiency and 
congestion on PAS's network. PAS notes an urgent need to reduce 
congestion on the PAS network and states that the limited overhead 
temporary trackage rights sought in this docket would provide PAS/B&E 
with the necessary head and tail room to reposition locomotives while 
PAS pursues a long-term solution to the issue, namely installation of a 
``cross-over'' on PAS's line. PAS states that procurement and 
installation of the cross-over will take approximately 75 days, and 
that, based on that schedule, the parties have agreed that the 
temporary overhead trackage rights will expire on December 5, 2023.
    On September 22, 2023, PAS filed a petition to waive the 
requirement under 49 CFR 1180.4(g) that a verified notice be filed at 
least 30 days before the transaction is consummated and to allow the 
exemption to take effect immediately, or no later than September 28, 
2023. The effective date of the exemption will be addressed in a 
separate decision on the waiver request.
    As a condition to this exemption, any employees affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in 
Mendocino Coast Railway--Lease & Operate--California Western Railroad,

[[Page 66929]]

360 I.C.C. 653 (1980), and any employees affected by the discontinuance 
of those trackage rights will be protected by the conditions set out in 
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between 
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 
(1979).
    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.
    All pleadings, referring to Docket No. FD 36726, must be filed with 
the Surface Transportation Board via e-filing on the Board's website or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, one copy of each pleading must be served on PAS's 
representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 
2001 Market St., Suite 2620, Philadelphia, PA 19103.
    According to PAS, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c)(3) and from historic 
reporting requirements under 49 CFR 1105.8(b)(3).
    Board decisions and notices are available at www.stb.gov.

    Decided: September 25, 2023.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2023-21268 Filed 9-27-23; 8:45 am]
BILLING CODE 4915-01-P