federal_register: E9-30501
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| E9-30501 | Massachusetts Coastal Railroad, LLC-Acquisition-CSXT Transportation, Inc. | Notice | The Surface Transportation Board (Board) is accepting for consideration the application seeking Board approval of the acquisition by Massachusetts Coastal Railroad, LLC (Mass Coastal) of a permanent rail freight easement on about 33 miles of the rail lines of CSX Transportation, Inc. (CSXT) in Massachusetts. Collectively, Mass Coastal and CSXT will be referred to as "Applicants." If the application is approved, Mass Coastal would replace CSXT as the only railroad providing freight service on these rail lines. In the proposed transaction (the Acquisition), which is governed by 49 U.S.C. 11323-26, Mass Coastal would acquire a rail freight easement in CSXT's "South Coast Lines" consisting of: (1) The New Bedford Subdivision, which is 18.40 miles between milepost QN 13.40 at Cotley Junction and milepost QN 31.80 at New Bedford; (2) the Fall River Subdivision, which is 14.20 miles between milepost QNF 0.00 at Myricks and milepost QNF 14.20 at the Fall River, Massachusetts--Rhode Island state line; and (3) 0.08 miles of the North Dartmouth Industrial Track between milepost QND 0.00 and milepost QND 0.08, a total distance of approximately 32.68 miles. The Board finds that the Acquisition is a "minor transaction" under 49 CFR 1180.2(c) and adopts a procedural schedule for consideration of the application, providing for the Board's final decision to be issued on March 29, 2010, and to become effective on April 28, 2010. In related matters, CSXT has agreed to sell the real estate, track, and materials in the South Coast Lines, among other property interests in other rail lines, to the Massachusetts Department of Transportation (MassDOT) and to retain a permanent freight easement over the South Coast Lines (the MassDOT Transaction). Consequently, MassDOT also filed on November 24, 2009, a notice of exemption under 49 CFR 1150.31 and a concurrent motion to dismiss the notice, in STB Finance Docket No. 35312, Massachusetts Department of Transportation--Acquisition Exemption--Certain Assets of CSX Transportation, Inc., which was served and published in the Federal Register (74 FR 65589) on December 10, 2009, to become effective December 24, 2009. If approved, the Acquisition would occur concurrently with the MassDOT Transaction. In a second transaction, CSXT has agreed to grant Mass Coastal certain overhead trackage rights \1\ so that Mass Coastal can connect the South Coast Lines to its existing lines (the Trackage Rights Transaction). This agreement led to the concurrent filing of a notice of exemption under 49 C.F.R. 1180.2(d)(7) in STB Finance Docket No. 35314 (Sub-No. 1X), Massachusetts Coastal Railroad, LLC--Trackage Rights Exemption--CSX Transportation, Inc., which also was served and published in the Federal Register (74 FR 65592-93) on December 10, 2009, to become effective December 24, 2009.\2\ --------------------------------------------------------------------------- | 2009-12-23 | 2009 | 12 | https://www.federalregister.gov/documents/2009/12/23/E9-30501/massachusetts-coastal-railroad-llc-acquisition-csxt-transportation-inc | https://www.govinfo.gov/content/pkg/FR-2009-12-23/pdf/E9-30501.pdf | Transportation Department; Surface Transportation Board | 492,481 | The Surface Transportation Board (Board) is accepting for consideration the application seeking Board approval of the acquisition by Massachusetts Coastal Railroad, LLC (Mass Coastal) of a permanent rail freight easement on about 33 miles of the rail... |