Notice2023-06942
City of Tacoma, Department of Public Works, d/b/a Tacoma Rail Mountain Division-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
April 3, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 63 (Monday, April 3, 2023)</title>
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[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19707-19708]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06942]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1328X]
City of Tacoma, Department of Public Works, d/b/a Tacoma Rail
Mountain Division--Discontinuance of Service Exemption--in Pierce
County, Wash.
On March 14, 2023, the City of Tacoma, Wash., Department of Public
Works d/b/a Tacoma Rail Mountain Division (TRMW) 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 396659L), in the City of Tacoma,
Pierce County, Washington (the Line). The Line traverses U.S. Postal
Service Zip Codes 98421, 98404, and 98418.\1\
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\1\ TRMW is a division of the City of Tacoma and the non-
operating Class III common carrier owner of the Line. The Line is
currently operated by another division of the City of Tacoma: its
Department of Public Utilities d/b/a Tacoma Rail (TMBL). Separately,
TMBL has petitioned the Board for authority to discontinue its
operations on the Line. See City of Tacoma, Dep't of Pub. Utils.--
Discontinuance of Serv. Exemption--in Pierce Cnty., Wash., AB 1239
(Sub-No. 3X) (STB served Mar. 28, 2023) (88 FR 18,362).
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According to TRMW, the Line has moved only four local carloads in
the past seven years--one carload in April 2021 and three carloads in
2016. TRMW 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 TRMW, TMBL has advised
Tacoma Steel of its plan to cease operations on the Line and TRMW
expects that Tacoma Steel will not object to this petition for
discontinuance authority. TRMW 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.
TRMW states that, to the best of its information and belief, the
Line does
[[Page 19708]]
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 30, 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 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 12,
2023, or 10 days after service of a decision granting the petition for
exemption, whichever occurs sooner.\2\ Persons interested in submitting
an OFA must first file a formal expression of intent to file an offer
by April 13, 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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\2\ 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
1328X 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 TRMW'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 24, 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 29, 2023.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2023-06942 Filed 3-31-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on April 3, 2023.
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