80_FR_52531 80 FR 52364 - Massachusetts Department of Transportation-Acquisition Exemption-Certain Assets of Pan Am Southern LLC

80 FR 52364 - Massachusetts Department of Transportation-Acquisition Exemption-Certain Assets of Pan Am Southern LLC

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 167 (August 28, 2015)

Page Range52364-52365
FR Document2015-21316

Federal Register, Volume 80 Issue 167 (Friday, August 28, 2015) 
[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Notices]
[Pages 52364-52365]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21316]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35943]


Massachusetts Department of Transportation--Acquisition 
Exemption--Certain Assets of Pan Am Southern LLC

    The Massachusetts Department of Transportation (MassDOT)\1\ has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
from Pan Am Southern LLC (PAS) certain railroad assets and associated 
right-of-way, known generally as the Adams Branch, extending from 
Engineering Station 739+20 in Adams, Mass., to Engineering Station 
981+45 in North Adams, Mass.

[[Page 52365]]

(the Railroad Assets), a distance of approximately 4.6 miles.
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    \1\ Citing Massachusetts Department of Transportation--
Acquisition & Operation Exemption--Certain Assets of Housatonic 
Railroad, FD 35866 (STB served May 22, 2015), MassDOT describes 
itself as being ``considered by the Board to be a non-operating 
passenger rail common carrier by virtue of its possession of as-yet-
unexercised interstate passenger rail service rights on an unrelated 
rail line in western Massachusetts.''
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    According to MassDOT, the acquisition of the Railroad Assets will 
promote continued use (and potential growth) of freight traffic due in 
part to physical plant improvements that MassDOT is already 
undertaking, and will facilitate use of the property for railroad 
passenger excursion operations.
    MassDOT also states that it will not acquire the right, nor will it 
have the ability, to provide rail freight common carrier service over 
the Railroad Assets, and that PAS will retain a permanent, exclusive 
freight operating easement over the Railroad Assets.\2\ Under the terms 
of the governing agreements, MassDOT maintains that it will be entitled 
to conduct entirely intrastate passenger rail excursion service over 
the Railroad Assets. MassDOT states that the proposed transaction has 
been agreed upon pursuant to a June 26, 2015 Purchase and Sale 
Contract. According to MassDOT, the agreements governing the subject 
asset sale and post-transaction railroad operations preclude MassDOT 
from interfering materially with PAS's provision of railroad common 
carrier service over the Railroad Assets. MassDOT also states that the 
proposed transaction does not involve any provision or agreement that 
would limit future interchange with a third-party connecting carrier.
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    \2\ 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 will be addressed in a subsequent Board decision.
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    MassDOT certifies that it would not conduct freight operations over 
the Railroad Assets, and therefore, MassDOT's prospective annual common 
carrier revenues will not result in the creation of a Class I or Class 
II carrier.
    MassDOT also states that the parties intend to consummate the 
transaction on or about September 28, 2015, subject to a Board decision 
on the concurrently filed motion to dismiss. The earliest this 
transaction may be consummated is September 13, 2015 (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 September 4 
2015 (at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35943, 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: August 25, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-21316 Filed 8-27-15; 8:45 am]
 BILLING CODE 4915-01-P

52364 Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices ADDRESSES: Send comments to: Record addressed stamped postcard showing This notice of receipt of applications Center, Pipeline and Hazardous the special permit number. for modification of special permit is Materials Safety Administration, U.S. FOR FURTHER INFORMATION CONTACT: published in accordance with part 107 Department of Transportation, Donald Burger, 202–366–4314. of the Federal hazardous materials Washington, DC 20590. SUPPLEMENTARY INFORMATION: Copies of transportation law (49 U.S.C. 5117(b); the applications are available for 49 CFR 1.53(b)). Comments should refer to the application number and be submitted in inspection in the Records Center, East Issued in Washington, DC, on August 6, triplicate. If confirmation of receipt of Building, PHH–30, 1200 New Jersey 2015. comments is desired, include a self- Avenue Southeast, Washington, DC or at Donald Burger, http://regulations.gov. Chief, General Approvals and Permits. Application Docket No. Applicant Regulation(s) affected Nature of special permits thereof No. MODIFICATION SPECIAL PERMITS 9847–M ......... ............................ FIBA Technologies, Inc. 49 CFR 180.209(a), To modify the special permit to authorize DOT (FIBA), Millbury, MA. 180.205(c), (f), (g) and Specification 3AAX–6000 seamless steel cyl- (i), 173.302a, (b), (2), inders to be requalified by acoustic emission and (3), (4) and (5), and ultrasonic examinations (AE/UE). 180.213. 11054–M ....... ............................ Welker Inc., Sugar Land, 49 CFR 178.36 subpart C To modify the special permit to authorize additional TX. hazardous materials. 12549–M ....... ............................ TRISTAR Engineering 49 CFR 178.245–1(a) ..... To modify the special permit to an offer special per- Consulting Logistic SA, mit and add ‘‘no new construction to this package 78311, Bucharest. is authorized’’ and company name change. 14799–M ....... ............................ Takata Sachsen GmbH, 49 CFR 173.301(a) and To modify the shipping description for UN3268 and GroBweitzschen. 173.302a. add the description Safety devices, pyrotechnic, Division 1.40, UN0503. 14833–M ....... ............................ Takata AG Aschaffenburg 49 CFR 173.301(a), To modify the special permit by removing the re- 173.302a, 175.3 and striction on cylinder diameters and water capac- 178.65(f)(2). ities, modify the shipping description for UN3268 and add the description Safety devices, pyro- technic, Division 1.40, UN0503. 14867–M ....... ............................ GTM Manufacturing, LLC, 49 CFR 173.302a and To modify the special permit to authorize additional Amarillo, TX. 173.304. hazardous materials. 15372–M ....... ............................ Takata de Mexico, S.A. 49 CFR 173.301(a), To modify the special permit to authorize additional de C.V., Ciudad 173.302(a), 178.65(f)(2). hazardous materials. Frontera. 15610–M ....... ............................ WavesinSolids LLC, State 49 CFR 180.209, To modify the special permit to authorize non-DOT College, PA. 180.209(a), specification cylinders manufactured under spe- 180.205(c)(f)(g)(i), cial permits DOT–SP 13230, DOT–SP 13258 and 173.302a, (b), (2), (3), UN cylinders made in accordance with ISO (4), (5), 180.213, 11120. 180.519(a), 180.519(b)(c). 16302–M ....... ............................ Ametek Inc. Pittsburgh, 49 CFR 171.1 .................. To modify the special permit to authorize glass am- PA. pules with a 31 ml actual capacity and remove the 30 kg limit when ampules are installed in analyzing equipment. 16429–M ....... ............................ Construction Helicopters, 49 CFR 172.101 Haz- To modify the special permit to remove the provi- Inc., Howell, MI. ardous Materials Table sion ‘‘training or qualification of a new crew mem- Column (9B), subpart C ber will not take place during the execution of of part 172, 172.301(c), this special permit’’. 175.30. [FR Doc. 2015–20483 Filed 8–27–15; 8:45 am] DEPARTMENT OF TRANSPORTATION verified notice of exemption under 49 BILLING CODE 4910–60–M CFR 1150.41 to acquire from Pan Am Surface Transportation Board Southern LLC (PAS) certain railroad [Docket No. FD 35943] assets and associated right-of-way, known generally as the Adams Branch, Massachusetts Department of extending from Engineering Station Transportation—Acquisition 739+20 in Adams, Mass., to Engineering Exemption—Certain Assets of Pan Am Station 981+45 in North Adams, Mass. Lhorne on DSK5TPTVN1PROD with NOTICES Southern LLC The Massachusetts Department of FD 35866 (STB served May 22, 2015), MassDOT Transportation (MassDOT)1 has filed a describes itself as being ‘‘considered by the Board to be a non-operating passenger rail common carrier 1 Citing Massachusetts Department of by virtue of its possession of as-yet-unexercised Transportation—Acquisition & Operation interstate passenger rail service rights on an Exemption—Certain Assets of Housatonic Railroad, unrelated rail line in western Massachusetts.’’ VerDate Sep<11>2014 14:19 Aug 27, 2015 Jkt 235001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\28AUN1.SGM 28AUN1

Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices 52365 (the Railroad Assets), a distance of 35943, must be filed with the Surface Investments, Public Law 111–117, 123 approximately 4.6 miles. Transportation Board, 395 E Street SW., Stat. 3034. The purpose of the TIGER According to MassDOT, the Washington, DC 20423–0001. In Discretionary Grants program is to acquisition of the Railroad Assets will addition, a copy of each pleading must advance projects that will have a promote continued use (and potential be served on Robert A. Wimbish, significant impact on the Nation, growth) of freight traffic due in part to Fletcher & Sippel LLC, 29 North Wacker Metropolitan area or a region. physical plant improvements that Drive, Suite 920, Chicago, IL 60606– This request for reinstatement MassDOT is already undertaking, and 2832. advances the previously approved will facilitate use of the property for Board decisions and notices are request of an information collection. railroad passenger excursion operations. available on our Web site at The information to be collected will be MassDOT also states that it will not ‘‘WWW.STB.DOT.GOV.’’ used to, receive applications for grant acquire the right, nor will it have the funds, to evaluate the effectiveness of Decided: August 25, 2015. ability, to provide rail freight common projects that have been awarded grant carrier service over the Railroad Assets, By the Board, Rachel D. Campbell, Director, Office of Proceedings. funds and to monitor project financial and that PAS will retain a permanent, conditions and project progress in exclusive freight operating easement Kenyatta Clay, support of the National Infrastructure over the Railroad Assets.2 Under the Clearance Clerk. Investments, referred to by the terms of the governing agreements, [FR Doc. 2015–21316 Filed 8–27–15; 8:45 am] Department as ‘‘Grants for MassDOT maintains that it will be BILLING CODE 4915–01–P Transportation Investment Generating entitled to conduct entirely intrastate Economic Recovery’’, or ‘‘TIGER’’ passenger rail excursion service over the Discretionary Grants program Railroad Assets. MassDOT states that DEPARTMENT OF TRANSPORTATION authorized and implemented pursuant the proposed transaction has been to the American Recovery and agreed upon pursuant to a June 26, 2015 Office of the Secretary Reinvestment Act of 2009 (the Purchase and Sale Contract. According [Docket No. DOT–OST–2015–0061] ‘‘Recovery Act’’) (OMB Control Number: to MassDOT, the agreements governing 2105–0563) and the grants for National the subject asset sale and post- Agency Information Collection Infrastructure Investments under the FY transaction railroad operations preclude Activities: Reinstatement of a 2010 Appropriations Act or TIGER MassDOT from interfering materially Previously Approved Collection of Discretionary Grant programs include with PAS’s provision of railroad Information promoting economic recovery and common carrier service over the supporting projects that have a Railroad Assets. MassDOT also states AGENCY: Office of the Secretary (OST), U.S. Department of Transportation significant impact on the Nation, a that the proposed transaction does not metropolitan area, or a region. involve any provision or agreement that (DOT). A 60-day Federal Register notice was would limit future interchange with a ACTION: Notice and request for published on April 6, 2015 (FR 2015– third-party connecting carrier. comments. 07856). Since the publication of the 60- MassDOT certifies that it would not SUMMARY: The Department of day Federal Register notice, no conduct freight operations over the Transportation (DOT) invites public comments were received to the Docket Railroad Assets, and therefore, comments on a request to the Office of (DOT–OST–2015–0061) and therefore MassDOT’s prospective annual common Management and Budget (OMB) to no review of comments was required, so carrier revenues will not result in the approve the reinstatement of a none was performed by the Department. creation of a Class I or Class II carrier. MassDOT also states that the parties previously approved Information DATES: Written comments should be intend to consummate the transaction Collection Request (OMB Control # submitted by September 28, 2015. on or about September 28, 2015, subject 2105–0563) in accordance with the ADDRESSES: You may submit comments to a Board decision on the concurrently requirements of the Paperwork [identified by Docket No. DOT–OST– filed motion to dismiss. The earliest this Reduction Act of 1995 (Pub L. 104–13, 2015–0061] to the DOT/OST Desk transaction may be consummated is 44 U.S.C. 3501 et seq.). Officer through one of the following September 13, 2015 (30 days after the The previous approval granted the methods: verified notice was filed). Department of Transportation authority • Email: oira_submissions@ If the verified notice contains false or to collect information involving omb.eop.gov. misleading information, the exemption National Infrastructure Investments or • Fax: 1–202–395–5806—Attention: is void ab initio. Petitions to revoke the TIGER Discretionary Grants pursuant to DOT/OST Desk Officer. exemption under 49 U.S.C. 10502(d) Title I of the Transportation, Housing • Mail: Office of Information and may be filed at any time. The filing of and Urban Development, and Related Regulatory Affairs, Office of a petition to revoke will not Agencies Appropriations Act for 2010 Management and Budget, Docket automatically stay the effectiveness of (the ‘‘FY 2010 Appropriations Act). The Library, Room 10102, 725 17th Street the exemption. Petitions to stay must be Office of the Secretary of Transportation NW., Washington, DC 20503 with the filed no later than September 4 2015 (at (‘‘OST’’) is referring to these grants as associated OMB Control Number 2105– least seven days before the exemption TIGER Discretionary Grants. The 0563 and Dockets (DOT–OST–2011– becomes effective). original collection of information was 0019). An original and ten copies of all necessary in order to receive FOR FURTHER INFORMATION CONTACT: Lhorne on DSK5TPTVN1PROD with NOTICES pleadings, referring to Docket No. FD applications for grant funds pursuant to the Transportation, Housing and Urban Robert Mariner, U.S. Department of 2A motion to dismiss the notice of exemption on Development, and Related Agencies Transportation, Office of the Assistant grounds that the transaction does not require Appropriations Act of 2010 (‘‘FY 2010 Secretary for Transportation Policy, at authorization from the Board was concurrently filed Appropriations Act’’), Title I— 202–366–8914, or Robert.Mariner@ with this notice of exemption. The motion to dot.gov. dismiss will be addressed in a subsequent Board Department of Transportation, Office of decision. the Secretary, National Infrastructure SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 14:19 Aug 27, 2015 Jkt 235001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\28AUN1.SGM 28AUN1


Document Created: 2015-12-15 11:05:03
Document Modified: 2015-12-15 11:05:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 52364 
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