Notice2023-06361
City of Tacoma, Department of Public Utilities, d/b/a Tacoma Rail-Discontinuance of Service Exemption-in Pierce County, Wash.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 28, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 59 (Tuesday, March 28, 2023)</title>
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[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Pages 18362-18363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06361]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1239 (Sub-No. 3X)]
City of Tacoma, Department of Public Utilities, d/b/a Tacoma
Rail--Discontinuance of Service Exemption--in Pierce County, Wash.
On March 8, 2023, the City of Tacoma, Wash., Department of Public
Utilities d/b/a Tacoma Rail (the City) filed a petition with the
Surface Transportation Board (the Board) under 49 U.S.C. 10502 for
exemption from the prior approval requirements of 49 U.S.C. 10903 to
discontinue common carrier service over approximately 3.5 miles of rail
line extending from milepost 2.11 at East C Street (USDOT Grade
Crossing Inventory Number 396640U) to milepost 5.61 at McKinley Avenue
(USDOT Grade Crossing Inventory Number No. 396659L), in the City,
Pierce County (the Line). The Line traverses U.S. Postal Service Zip
Codes 98421, 98404, and 98418.
According to the City, the Line has moved only four local carloads
in the past seven years--one carload in April 2021 and three carloads
in 2016. The City states that it would not expect carload volumes to or
from the sole customer on the Line, Tacoma Steel, to increase
significantly if the Line were to remain active. According to the City,
it has advised Tacoma Steel of its plan to cease operations on the Line
and the City expects that Tacoma Steel will not object to this petition
for discontinuance authority. The City also states that no overhead
traffic currently exists on the Line, and that, if such traffic did
exist, it could be handled over other through routes.
The City states that, to the best of its information and belief,
the Line does not contain any federally granted rights-of-way and that
it will promptly make available to those requesting it any
documentation in its possession relevant to the foregoing statement.
The interest of railroad employees will be protected by the
conditions set forth in Oregon Short Line Railroad--Abandonment Portion
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties,
Idaho, 360 I.C.C. 91 (1979).
By issuance of this notice, the Board is instituting an exemption
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be
issued by June 26, 2023.
Because this is a discontinuance proceeding and not an abandonment,
interim trail use/rail banking and public use conditions are not
appropriate. Because there will be environmental review during any
subsequent
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abandonment, this discontinuance does not require an environmental
review. See 49 CFR 1105.6(c)(5), 1105.8(b).
Any offer of financial assistance (OFA) to subsidize continued rail
service under 49 CFR 1152.27(b)(2) will be due no later than July 6,
2023, or 10 days after service of a decision granting the petition for
exemption, whichever occurs sooner.\1\ Persons interested in submitting
an OFA must first file a formal expression of intent to file an offer
by April 7, 2023, indicating the intent to file an OFA for subsidy and
demonstrating that they are preliminarily financially responsible. See
49 CFR 1152.27(c)(1)(i).
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\1\ The filing fee for OFAs can be found at 49 CFR
1002.2(f)(25).
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All filings in response to this notice must refer to Docket No. AB
1239 (Sub-No. 3X) and must be filed with the Surface Transportation
Board either via e-filing on the Board's website or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on the City's representative,
Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite
800, Chicago, IL 60606-3208. Replies to the petition are due by April
17, 2023.
Persons seeking further information concerning discontinuance
procedures may contact the Board's Office of Public Assistance,
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the
full abandonment and discontinuance regulations at 49 CFR part 1152.
Questions concerning environmental issues may be directed to the
Board's Office of Environmental Analysis at (202) 245-0294. If you
require an accommodation under the Americans with Disabilities Act,
please call (202) 245-0245.
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: March 21, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2023-06361 Filed 3-27-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on March 28, 2023.
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