[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Notices]
[Page 107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30503]



[[Page 107]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35892]


Massachusetts Department of Transportation--Acquisition 
Exemption--Certain Assets of CSX Transportation, Inc.

    The Massachusetts Department of Transportation (MassDOT), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire from CSX Transportation, Inc. (CSXT) certain 
railroad assets and associated right-of-way known generally as the 
Framingham Secondary, extending from milepost QBF 0.0 at Mansfield, 
Mass., to milepost QBF 21.2 at Framingham, Mass. (near CP-21), a 
distance of approximately 21.2 route miles (the Line).
    According to MassDOT, the acquisition of the Line is intended to 
facilitate commuter service by MassDOT's designee, the Massachusetts 
Bay Transportation Authority (MBTA). MassDOT states that, in the 
interest of facilitating the MBTA-provided commuter rail service, it 
will delegate maintenance and dispatching of all train activity on the 
Line to MBTA.
    MassDOT states that, pursuant to a ``Definitive Agreement,'' 
MassDOT will obtain the right to purchase CSXT's right, title and 
interest in the right-of-way, trackage, and other physical assets 
associated with the Line, subject to CSXT's retained exclusive, 
irrevocable, perpetual, assignable, divisible, licensable, and 
transferable freight railroad operating easement. MassDOT also states 
that it will not acquire the right, nor will it have the ability, to 
provide freight common carrier service over the Line.\1\ According to 
MassDOT, the agreements governing the subject asset sale and post-
transaction railroad operations preclude MassDOT from interfering 
materially with the provision of railroad common carrier service over 
the Line. MassDOT, however, will be entitled in the future to provide 
(itself, or through its designated contractor, MBTA) to provide 
commuter rail service over the Line. MassDOT states that the proposed 
transaction does not involve any provision or agreement that would 
limit future interchange with a third-party connecting carrier.
---------------------------------------------------------------------------

    \1\ 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 is addressed in a separate Board decision.
---------------------------------------------------------------------------

    MassDOT certifies that, because it will conduct no freight 
operations on the line segment being acquired, its revenues from 
freight operations will not result in the creation of a Class I or 
Class II carrier.
    MassDOT states that it anticipates consummating the transaction on 
or about March 20, 2015, subject to a Board decision on the 
concurrently filed motion to dismiss. The earliest this transaction may 
be consummated is January 18, 2015, the effective date of the exemption 
(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 January 9, 
2015 (at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35892, 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: December 22, 2014.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2014-30503 Filed 12-31-14; 8:45 am]
BILLING CODE 4915-01-P