[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85717-85718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27022]


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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

    On September 21, 2023, Pan Am Southern LLC (PAS) filed a verified 
notice of exemption under 49 CFR 1180.2(d)(8) to acquire temporary 
overhead trackage rights over a line

[[Page 85718]]

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).
    PAS was authorized to acquire these trackage rights over the Line 
by notice of exemption served and published in the Federal Register on 
September 28, 2023 (88 FR 66928).\1\ The purpose of the trackage rights 
is to provide the necessary head and tail room to reposition 
locomotives while PAS procures and installs a ``cross-over'' to address 
a lack of space on the Line. Currently, the rights are scheduled to 
expire on December 5, 2023.
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    \1\ On September 28, 2023, the Board granted PAS' 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 
allowed the exemption to take effect immediately.
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    Under 49 CFR 1180.2(d)(8), the parties may, prior to the expiration 
of the temporary trackage rights, file a request for a renewal of the 
temporary rights for an additional period of up to one year, including 
the reasons for the extension. PAS states that the cross-over is not 
expected to be delivered as early as the parties anticipated and, 
therefore, the parties wish to extend the temporary overhead trackage 
rights until February 5, 2024. PAS filed a copy of an executed 
amendment to the temporary trackage rights agreement with its request 
for an extension.
    In accordance with 49 CFR 1180.2(d)(8), PAS's temporary trackage 
rights over the Line will be extended and will expire on February 5, 
2024. The employee protective conditions imposed in the September 28, 
2023, notice remain in effect. Notice of the extension will be 
published in the Federal Register.
    It is ordered:
    1. PAS's temporary trackage rights are extended and will expire on 
February 5, 2024.
    2. Notice will be published in the Federal Register.
    3. This decision is effective on its service date.

    Decided: December 5, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2023-27022 Filed 12-7-23; 8:45 am]
BILLING CODE 4915-01-P