99-22465. Utah Railway CompanyAcquisition and Operation ExemptionLines of Utah Transit Authority in Salt Lake City, UT  

  • [Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
    [Notices]
    [Page 47229]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-22465]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Surface Transportation Board
    [STB Finance Docket No. 33785]
    
    
    Utah Railway Company--Acquisition and Operation Exemption--Lines 
    of Utah Transit Authority in Salt Lake City, UT
    
        The Utah Railway Company (URC), a Class III rail carrier, has filed 
    a notice of exemption under 49 CFR 1150.41, et seq. to acquire rights 
    to operate over approximately 25 miles of rail line from milepost 
    775.19 at the Salt Lake County/Utah County boundary line to milepost 
    798.74 at Ninth South Street in Salt Lake City, including the 1.4-mile 
    Lovendahl Spur. URC filed a supplement to the notice on August 9, 1999.
        The notice recites that URC is acquiring ``certain rights of Salt 
    Lake City Southern Railroad Company, Inc. (SLCS) to operate over 
    certain rail lines owned by Utah Transit Authority (UTA).'' While UTA 
    owns the underlying real property, it does not possess an ownership 
    interest in a railroad right-of-way as such ownership is understood by 
    this agency. If it did, UTA would have had to obtain authority from 
    this agency for such an acquisition. UTA holds no such authority. 
    Rather, SLCS owns the right-of-way, having acquired a permanent 
    easement from the Union Pacific Railroad Company.
        The notice recites that URC may consummate the transaction on 
    September 30, 1999, 60 days after notice of the proposed transaction 
    was posted at the workplace of the employees on the affected line. The 
    regulations at 49 CFR 1150.42(e) provide, however, that the transaction 
    not be consummated until 60 days after certification to the Board that 
    the notice has been posted. Because this agency did not receive the 
    certification until August 9, 1999, the transaction may not be 
    consummated until October 8, 1999 at the earliest. In STB Docket No. 
    AB-520, Salt Lake City Southern Railroad Company, Inc.-- Adverse 
    Abandonment--Line Of Utah Transit Authority in Salt Lake County, Utah, 
    UTA has filed an adverse abandonment application against SLCS. UTC 
    states that it will consummate the transaction in this proceeding after 
    the Board authorizes SLCS's abandonment.
        If this 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 Docket No. 33785, 
    must be filed with the Surface Transportation Board, Office of the 
    Secretary, Case Control Unit, 1925 K Street, NW, Washington DC 20423-
    0001. In addition, a copy of each pleading must be served on Theodore 
    A. McConnell, Kirkpatrick & Lockhart LLP, 1500 Oliver Building, 
    Pittsburgh, PA 15222.
        Board decisions and notice are available on our website at 
    ``WWW.STB.DOT.GOV.''
    
        Decided: August 24, 1999.
    
        By the Board, David M. Konschnik, Director, Office of 
    Proceedings.
    Vernon A. Williams,
    Secretary.
    [FR Doc. 99-22465 Filed 8-27-99; 8:45 am]
    BILLING CODE 4915-00-P
    
    
    

Document Information

Published:
08/30/1999
Department:
Surface Transportation Board
Entry Type:
Notice
Document Number:
99-22465
Pages:
47229-47229 (1 pages)
Docket Numbers:
STB Finance Docket No. 33785
PDF File:
99-22465.pdf