[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