[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