[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Notices]
[Pages 37621-37622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18567]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-548]


Tacoma Eastern Railway Company--Adverse Discontinuance of 
Operations Application--A Line of City of Tacoma, in Pierce, Thurston 
and Lewis Counties, WA

    On June 23, 1998, the City of Tacoma, WA (City) filed an 
application under 49 U.S.C. 10903 requesting that the Surface 
Transportation Board (Board) find that the public convenience and 
necessity require and permit the discontinuance of the operations by 
Tacoma Eastern Railway Company (TE) 1 on 131.5 miles of City 
rail 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.2 The line traverses United States Postal Service ZIP 
Codes 98235, 98304, 98328, 98330, 98338, 98344, 98355, 98356, 98371, 
98373-98375, 98387, 98401-98405, 98408, 98421, 98424, 98443-98446, 
98501, 98531, 98532 and 98576.
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    \1\ TE was authorized to operate the line by lease in Tacoma 
Eastern Railway Co.-- Lease and Operation Exemption--City of Tacoma, 
Washington, Finance Docket No. 32591 (ICC served Nov. 3, 1994).
    \2\ A discontinuance of a railroad's service sought by a party 
other than the railroad is called an ``adverse'' discontinuance.
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    City states that it has terminated the contract pursuant to which 
TE has been operating on the line because TE has not satisfactorily 
performed its obligations under the contract.3
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    \3\ Once City receives Board approval, it intends to replace TE 
with the Belt Line Division of the City of Tacoma Department of 
Public Utilities (Belt Line). Beltline will file a notice of 
exemption pursuant to 49 CFR 1150.31 to enable it to commence 
operations without any interruption in service to shippers on the 
line.
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    The line does not contain federally granted rights-of-way. Any 
documentation in City's possession will be made available promptly to 
those requesting it. City's entire case for discontinuance of service 
was filed with the application.
    In addition, City has petitioned the Board to waive certain 
provisions of 49 CFR 1152.22 on the grounds that the information 
required by these provisions is not relevant to the merits of the 
application or is not available to the City because of the 
circumstances of the application. Requests for waivers are typically 
filed before the application drawn in reliance on those waivers is 
filed. By filing its application contemporaneously with the waivers, 
City has run the risk that the waivers will be denied in whole or part 
and City will have wasted time and effort in filing an application 
based on them. But, as City is no doubt aware, grants of waiver 
petitions in applications filed by third parties are customary. The 
waiver request as to information to be contained in the application 
will be granted in a separate decision to be served concurrently with 
this notice.
    In an application by a third party for a determination that the 
public convenience and necessity permits a line to be discontinued or 
abandoned, the issue before the Board is whether the public interest 
requires that the line in question be retained as part of the national 
rail system. By granting a third party application, the Board withdraws 
its primary jurisdiction over the line. Questions of the disposition of 
the line, including the adjudication of various claims of ownership or 
other rights and obligations, are then left to state or local 
authorities; Kansas City Pub. Ser. Frgt. Operation-Exempt.--Aban., 7 
I.C.C.2d 216 (1990).
    The interest of railroad employees will be protected by the 
conditions in Oregon Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 
91 (1979).
    Any interested person may file with the Board written comments 
concerning the proposed adverse discontinuance or protests (including 
the protestant's entire opposition case), by August 7, 1998. Because 
this discontinuance of service is the functional equivalent of a 
discontinuance of trackage rights rather than an abandonment, trail 
use/rail banking and public use requests are not appropriate. Likewise, 
no environmental or historical documents are required here under 49 CFR 
1105.6(c)(6) and 1105.8(b)(3).
    Persons opposing the proposed adverse discontinuance who wish to 
participate actively and fully in the process should file a protest by 
August 7, 1998. Persons who may oppose the discontinuance but who do 
not wish to participate fully in the process by submitting verified 
statements of

[[Page 37622]]

witnesses containing detailed evidence should file comments by August 
7, 1998. Parties seeking information concerning the filing of protests 
should refer to section 1152.25. The due date for City's reply is 
August 24, 1998.
    Written comments and protests must indicate the proceeding 
designation STB Docket No. AB-548 and must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW, Washington, DC 20423-0001. A copy of each written comment 
or protest must be served upon the City's representative Peter A. 
Greene, Esq., Thompson Hine & Flory LLP, 1920 N Street, NW, Suite 800, 
Washington, DC 20036 [Telephone (202) 331-8800]. The original and 10 
copies of all comments or protests shall be filed with the Board with a 
certificate of service. Except as otherwise set forth in part 1152, 
every document filed with the Board must be served on all parties to 
the adverse discontinuance proceeding. 49 CFR 1104.12(a).
    Persons seeking further information concerning the abandonment/
discontinuance procedures may contact the Board's Office of Public 
Services at (202) 565-1592 or refer to the full abandonment or 
discontinuance regulations at 49 CFR part 1152.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: July 7, 1998.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-18567 Filed 7-10-98; 8:45 am]
BILLING CODE 4915-00-P