Notice2023-21268
Pan Am Southern LLC-Temporary Overhead Trackage Rights-Boston and Maine Corporation and Springfield Terminal Railway Corporation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 28, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 187 (Thursday, September 28, 2023)</title>
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[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Pages 66928-66929]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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</html>Indexed from Federal Register on September 28, 2023.
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