[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27264]
[[Page Unknown]]
[Federal Register: November 3, 1994]
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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32592]
Edward M. Berntsen; Continuance in Control Exemption; Tacoma
Eastern Railway Co.
Edward M. Berntsen (petitioner) has filed a notice of exemption to
continue in control of Tacoma Eastern Railway Co. (TE), upon TE
becoming a class III rail carrier.
TE, a noncarrier, has concurrently filed a notice of exemption in
Finance Docket No. 32591, Eastern Railway Co.--Lease and Operation
Exemption--City of Tacoma, Washington, to lease and operate
approximately 124.9 miles of rail lines owned by the City of Tacoma
(City) or leased by the City from Weyerhaeuser Co., in Pierce, Thurston
and Lewis Counties, WA. That transaction was expected to be consummated
on or after October 11, 1994.
Petitioner also controls a nonconnecting class III rail carrier,
Lewis & Clark Railway Company (LC).\1\ It appears that LC leases and
operates a 29.5-mile line owned by Chelatchie Prairie Railroad, Inc.,
between Rye and Chelatchie, in Clark County, WA.\2\
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\1\Edward M. Berntsen is President of both TE and LC.
\2\See, Lewis & Clark Railway Company--Exemption Operation--
Chelatchie Prairie Railroad, Inc., Finance Docket No. 31042 (ICC
served May 22, 1987).
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Petitioners state that: (1) the properties operated by TE and LC do
not connect with each other; (2) the continuance in control is not a
part of a series of anticipated transactions that would connect the
railroads with each other or any railroad in their corporate family;
and (3) the transaction does not involve a class I carrier. Therefore,
the transaction is exempt from the prior approval requirements of 49
U.S.C. 11343. See 49 CFR 1180.2(d)(2).
As a condition to use of this exemption, any employees affected by
the transaction will be protected by the conditions set forth in New
York Dock Ry.--Control--Brooklyn Eastern Dist., 360 I.C.C. 60 (1979).
Petitions to revoke the exemption under 49 U.S.C. 10505(d) may be
filed at any time. The filing of a petition to revoke will not
automatically stay the transaction. Pleadings must be filed with the
Commission and served on: Fritz R. Kahn, P.C., Suite 750 West, 1100 New
York Avenue NW., Washington, DC 20005-3934
Decided: October 25, 1994.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-27264 Filed 11-2-94; 8:45 am]
BILLING CODE 7035-01-M
