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[Federal Register Volume 69, Number 201 (Tuesday, October 19, 2004)]
[Notices]
[Pages 61552-61553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23138]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34555)

City of Tacoma, Department of Public Utilities, Beltline 
Division, d/b/a Tacoma Rail or Tacoma Municipal Beltline or TMBL--
Acquisition and Operation Exemption--Lakeview Subdivision, Quadlok-St. 
Clair and Belmore-Olympia Rail Lines in Pierce and Thurston Counties, 
WA

    The City of Tacoma, Department of Public Utilities, Beltline 
Division, d/b/a Tacoma Rail or Tacoma Municipal Beltline or TMBL 
(TMBL), a Class III rail carrier, has filed a verified notice of 
exemption under 49 CFR 1150.41 to acquire and operate approximately 28 
miles of rail line, and to obtain approximately 22 miles of incidental 
trackage rights, in Pierce and Thurston Counties, WA. Specifically, 
TMBL intends: (1) To acquire a freight service easement from The 
Burlington Northern and Santa Fe Railway Company (BNSF) from milepost 
2.15 at South Tacoma to milepost 8.92 at Lakeview Junction, and from 
milepost 0.0 at West Lakeview to milepost 10.98 at Nisqually, a total 
distance of 17.75 miles in Pierce County; (2) to lease BNSF's right-of-
way from milepost 3.27 at Quadlok to milepost 0.0 at St. Clair, and 
from milepost 16.0 at Belmore to milepost 9.07 at Olympia, a total 
distance of 10.2 miles in Thurston County; and (3) to obtain incidental 
trackage rights from BNSF from milepost 23.0 at Nisqually to milepost 
37.00 at East Olympia, and to be assigned incidental trackage rights 
from BNSF over Union Pacific Railroad Company's rail line from milepost 
0.0 at East Olympia to milepost 9.07 at Olympia. \1\
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    \1\ According to TMBL, an agreement has been reached between 
BNSF, as seller and lessor of the real estate and grantor of 
incidental trackage rights, and TMBL, as buyer and lessee of the 
real estate and grantee of incidental trackage rights.
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    Because TMBL's projected annual revenues will exceed $5 million, it 
certified to the Board on September 17, 2004, that it sent the required 
notice of the transaction on July 29, 2004, to the national offices of 
all labor unions representing employees on the line and that a copy of 
the notice was posted at the workplace of the employees on the affected 
lines on July 30, 2004. \2\
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    \2\ Inasmuch as TMBL did not certify to the Board compliance 
with 49 CFR 1150.42(e) 60 days prior to its intended consummation of 
the transaction, it sought waiver of the 60-day certification 
requirement. The Board denied that request in a decision served on 
September 27, 2004. As a consequence, this exemption is not 
scheduled to become effective until November 16, 2004, and the 
parties cannot consummate this transaction until that date.

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[[Page 61553]]

    The transaction is scheduled to be consummated on or after November 
16, 2004.
    If the verified 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. 34555, must be filed with the Surface Transportation 
Board, 1925 K Street NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on: Jeffrey O. Moreno, 1920 N 
Street, NW., Suite 800, Washington, DC 20036, and Anne L. Spangler, 
3628 South 35th Street, Tacoma, WA 98409-3115.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 8, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-23138 Filed 10-18-04; 8:45 am]
BILLING CODE 4915-01-P
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