[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Notices]
[Page 1270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-278]



[[Page 1270]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33690]


State of Georgia, Department of Transportation--Acquisition 
Exemption--Line of Central of Georgia Railroad Company

    The State of Georgia, Department of Transportation (GDOT), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire from Central of Georgia Railroad Company (COG) 
certain railroad assets, including approximately 48.9 miles of rail 
line extending between milepost CC-445.4 near Chattanooga, Hamilton 
County, TN, and milepost CC-396.5 near Lyerly, Chattanooga County, GA.
    GDOT, COG, and Chattooga and Chickamauga Railway Company (CCKY), a 
Class III rail carrier, will enter into certain agreements whereby GDOT 
will acquire from COG fee title to certain railroad assets, but not 
including the right to conduct common carrier freight operations. The 
assets will be sold by COG to GDOT, with COG retaining a permanent 
easement to conduct operations over the line. In a separate and 
concurrently executed agreement, COG will transfer its retained 
easement and all rights and obligations pertaining to the assets, 
including but not limited to the right to maintain and repair the 
physical assets on the line to CCKY, which will continue to conduct 
freight operations over the line.1 It is intended that CCKY 
will assume COG's common carrier obligation, and that neither COG nor 
GDOT will have a common carrier obligation to provide freight services 
when the transaction is completed. COG and CCKY will retain their 
existing interchange arrangement at Chattanooga, TN.
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    \1\ CCKY currently conducts operations over the line pursuant to 
its lease agreement with COG.
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    The transaction was scheduled to take place as soon as possible 
after the December 18, 1998 effective date of the notice of exemption.
    This transaction is related to STB Finance Docket No. 33691, 
Chattooga and Chickamauga Railway Company--Acquisition and Operation 
Exemption--Line of Central of Georgia Railroad Company, wherein CCKY 
seeks to acquire the right to conduct common carrier freight operations 
over the line being acquired by GDOT.
    If the notice contains false or misleading information, the 
exemption is void ab initio.2 Petitions to reopen the 
proceeding 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.
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    \2\ A motion to dismiss has been filed in this proceeding. The 
motion will be addressed in a subsequent Board decision.
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    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33690, 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 Luke Cousins, Georgia Department of Transportation, #2 
Capitol Square, Atlanta, GA 30334-1002.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: December 31, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-278 Filed 1-7-99; 8:45 am]
BILLING CODE 4915-00-P