[Federal Register Volume 67, Number 13 (Friday, January 18, 2002)]
[Notices]
[Pages 2730-2731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1388]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34057]


State of Georgia, Department of Transportation--Acquisition 
Exemption--South Carolina Central Railroad, Inc.

    State of Georgia, Department of Transportation (GDOT), a 
noncarrier, has filed a notice of exemption under 49 CFR 1150.31\1\ to 
acquire from the South Carolina Central Railroad, Inc. (SCCR), a Class 
III rail carrier, but not to operate, 101.27 miles of rail lines (the 
Lines) located in Georgia: (1) Between milepost SLB 0.38 near Columbus 
and milepost SLB 23 near Cusseta; (2) between Valuation Station 41+60 
and Valuation Station 107+35 near Columbus; (3) between Valuation 
Station 0+00 and Valuation Station 41+61 near Columbus; (4) between 
milepost SLC 91.68 near Bainbridge, and milepost SLC 160.0 near 
Cuthbert; and (5) between milepost 63.55 near Dawson and milepost 72.88 
near Sasser.
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    \1\ GDOT simultaneously filed a motion to dismiss the notice of 
exemption on jurisdictional grounds. That motion will be addressed 
by the Board in a separate decision.
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    GDOT, SCCR, and RailAmerica, Inc., the parent company of SCCR, have 
entered into an agreement whereby GDOT will acquire only the physical 
assets in the Lines, but not the right to conduct common carrier 
freight operations over the Lines. SCCR and its affiliate, Georgia 
Southwestern Railroad, Inc. (GSWR) have entered into a separate 
agreement for GSWR to sell the Lines to SCCR, and for SCCR to lease the 
Lines back to GSWR. That related transaction is the subject of a 
simultaneously filed notice of exemption in STB Finance Docket No. 
34144, Georgia Southwestern Railroad, Inc.--Sale and Lease Exemption 
Within

[[Page 2731]]

a Corporate Family Transaction--South Carolina Central Railroad, Inc., 
wherein GSWR seeks to sell the Lines to SCCR and SCCR will lease the 
lines back to GSWR to conduct common carrier freight operations over 
the Lines. Concurrent with the closing of that corporate family 
transaction, it is expected that SCCR will sell the Lines to GDOT as 
described in this transaction, and SCCR will retain a permanent 
easement to retain the residual common carrier freight obligations over 
the Lines in the event that GSWR or future assignees are unable to 
provide common carrier service.
    The transaction was scheduled to be consummated on December 28, 
2001, the effective date of the exemption (7 days after the exemption 
was filed).
    If the notice contains false or misleading information, the 
exemption is void ab initio. 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.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34057, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Hal Wilson, State of Georgia, Department of Transportation, 
Office of Intermodal Programs, 276 Memorial Drive, SW., Atlanta, GA 
30303.
    Board decisions and notices are available on our web site at 
``WWW.STB.DOT.GOV.''

    Decided: January 11, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-1388 Filed 1-17-02; 8:45 am]
BILLING CODE 4915-00-P