[Federal Register Volume 69, Number 77 (Wednesday, April 21, 2004)]
[Notices]
[Pages 21596-21597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8901]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34493]


Old Augusta Railroad, LLC--Acquisition and Operation Exemption--
Assets of Old Augusta Railroad Company

    Old Augusta Railroad, LLC (OARLLC), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31\1\ to acquire and 
operate a short line railroad currently operated by the Old Augusta 
Railroad Company (OARC). OARLLC indicates that, on February 26, 2004, 
Koch Cellulose (Koch), the parent corporation of OARLLC, entered into 
an agreement with Georgia Pacific Corporation (Georgia Pacific) and 
various subsidiaries of Georgia Pacific to acquire Georgia Pacific's 
non-integrated market and fluff pulp operations. In connection with 
this transaction, Koch will also acquire Georgia Pacific's Leaf River 
Pulp

[[Page 21597]]

Mill in New Augusta, MS, and substantially all of the assets of OARC, 
including OARC's 2.5-mile short line railroad that it currently 
operates between the Leaf River Pulp Mill and the Canadian National 
Railway Company interchange. Before the closing of the transaction, 
Koch will assign to OARLLC its right to acquire the assets of OARC, 
and, upon the closing of the transaction, OARLLC will acquire and 
operate OARC's short line railroad.
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    \1\ The Board's notice served and published in Old Augusta 
Railroad, LLC--Acquisition and Operation Exemption--Assets of Old 
Augusta Railroad Company, STB Finance Docket No. 34482 (STB served 
Apr. 2, 2004) (69 FR 17471) is vacated and is superseded by this 
notice. OARLLC erroneously filed that notice under 49 CFR 1150.41, 
the regulation applicable to acquisitions or operations by existing 
Class III rail carriers.
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    OARLLC certifies that its projected annual revenues will not exceed 
those that would qualify it as a Class III rail carrier and will not 
result in the creation of a Class II or Class I rail carrier.
    OARLLC states that it expects to consummate the transaction in the 
first week of May 2004.
    If the verified notice 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. 34493, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Raffaele G. Fazio, Senior 
Counsel, Koch Industries, Inc., PO Box 2256, Wichita, KS 67201.
    Board decisions and notices are available on the Board's Web site 
at http://www.stb.dot.gov.

    Decided: April 14, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-8901 Filed 4-20-04; 8:45 am]
BILLING CODE 4915-01-P