[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