[Federal Register Volume 63, Number 215 (Friday, November 6, 1998)]
[Notices]
[Pages 60039-60040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29822]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33666]
Belt Line Division of Tacoma Public Utilities--Operation
Exemption--in Pierce, Thurston and Lewis Counties, WA
Belt Line Division of Tacoma Public Utilities (Belt Line), an
existing Class III carrier,1 has filed a verified notice of
exemption under 49 CFR 1150.41 to operate approximately 131.5 miles of
the City of Tacoma, WA (City), rail line (the line) in Pierce,
Thurston, and Lewis Counties, WA: (1) between milepost 2192.0, at
Tacoma, and milepost 17.7, at Chehalis; and (2) between milepost
2192.0, at Tacoma, and milepost 64.2, at Morton. The lines have been
operated previously by Tacoma Eastern Railway Company (TE).2
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\1\ Applicant represents that the Charter of the City divides
its operations into Public Utilities and General Government. The
General Government portion of the City evidently owns the lines
discussed in this notice and is negotiating with the Public
Utilities portion of the City, which is evidently responsible for
operations. Belt Line currently operates a shortline railroad in
support of the Port of Tacoma.
\2\ The Board recently granted the City's application under 49
U.S.C. 10903 permitting the discontinuance of operations by TE over
the line. See Tacoma Eastern Railway Company--Adverse Discontinuance
of Operations Application--a Line of City of Tacoma, in Pierce,
Thurston and Lewis Counties, WA, STB Docket No. AB-548 (STB served
Oct. 16, 1998).
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Pursuant to 49 CFR 1150.42(e), Belt Line certified on October 23,
1998, that its annual revenues exceed $5 million and that it has, as of
September 23, 1998, served the national offices of the labor unions
with a copy of a notice of its intent to undertake this transaction and
posted such notice at the workplace of the employees on the affected
lines on September 23, 1998.
The transaction was expected to be consummated on or after October
30, 1998.3
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\3\ The date of consummation under normal circumstances would be
December 22, 1998 (60 days after Belt Line's certification to the
Board that it had complied with the Board's rule at 49 CFR
1150.42(e)). In a decision in this proceeding served on October 30,
1998, the Board found that sufficient notice to rail employees and
their representatives had been given under the circumstances of this
case and, at the request of Belt Line, waived, in part, the 60-day
period to allow consummation on October 30, 1998.
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If the 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 transaction.
An original and 10 copies of all pleadings, referring to STB
Finance
[[Page 60040]]
Docket No. 33666 must be filed with the Surface Transportation Board,
Office of the Secretary, Case Control Unit, 1925 K Street, N.W.,
Washington, D.C. 20423-0001. In addition, a copy of each pleading must
be served upon Peter A. Greene, Esq., Thompson Hine & Flory LLP, 1920 N
Street, N.W., Suite 800, Washington, DC 20036.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: November 2, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-29822 Filed 11-5-98; 8:45 am]
BILLING CODE 4915-00-P
