[Federal Register: May 14, 1999 (Volume 64, Number 93)]
[Notices]               
[Page 26478]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my99-124]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33741]

 
Port of Tillamook Bay Railroad--Trackage Rights Exemption--
Portland & Western Railroad, Inc.

    Portland & Western Railroad, Inc. (PNWR) has agreed to grant 
trackage rights to Port of Tillamook Bay Railroad (POTB) over 3.5 miles 
of rail line between Banks (milepost 774.0) and Schefflin (milepost 
770.5), in Washington County, OR (subject line).<SUP>1</SUP>
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    \1\ This transaction is related to Portland & Western Railroad, 
Inc.--Lease and Operation Exemption--Port of Tillamook Bay Railroad, 
STB Finance Docket No. 33734 (STB served May 14, 1999), wherein the 
subject line is being leased by POTB to PNWR to permit 
rehabilitation of the line by PNWR. The effective date of the 
exemption in STB Finance Docket No. 33734 is May 10, 1999.
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    The parties report that they intend to consummate the transaction 
on or after May 6, 1999, or upon the authorization of PNWR's lease of 
the subject line, whichever is later. The earliest the transaction can 
be consummated is May 10, 1999, the effective date of the exemption (7 
days after the exemption was filed).
    The purpose of the trackage rights is to permit POTB to continue 
its existing service.
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    This notice is filed under 49 CFR 1180.2(d)(7). If it 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. 33741, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on E. Andrew Jordan, Esq., Tarlow, Jordan & Schrader, P.O. Box 
230669, Portland, OR 97281-0669.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: May 10, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-12260 Filed 5-13-99; 8:45 am]
BILLING CODE 4915-00-P