[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30829-30830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10179]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36679]


CaterParrott Railnet, LLC--Change of Operators Exemption--
Ogeechee Railroad Company

    CaterParrott Railnet, LLC (CPR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to assume 
operation of approximately 22.4 miles of rail line owned by the State 
of Georgia Department of Transportation (GDOT) between milepost SA-36.4 
at or near Ardmore, Ga., and milepost SA-58.8 at or near Sylvania, Ga. 
(the Line).\1\
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    \1\ CPR states that the notice of exemption filed in Ogeechee 
Railroad--Acquisition & Operation Exemption--Georgia Midland 
Railroad, Docket No. FD 35086, identifies the Line's endpoint as 
milepost SA-57.5, but, according to CPR, a recent review determined 
that the Line extends to milepost SA-58.8.
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    CPR states that Ogeechee Railroad Company (ORC) is the current 
lessee and operator of the Line. According to the verified notice, CPR, 
ORC, and GDOT have executed a novation agreement transferring ORC's 
rights under its lease agreement with GDOT to CPR.\2\ CPR will operate 
the Line under an amended lease with GDOT.
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    \2\ CPR states that it is also entering into an asset purchase 
agreement with ORC under which CPR is acquiring ORC's assets related 
to the operation of the Line, including the lease of the Line 
between ORC and GDOT.

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[[Page 30830]]

    CPR certifies that the agreement governing the proposed transaction 
does not impose or include an interchange commitment. CPR further 
certifies that its projected annual revenues will not exceed $5 million 
and will not result in CPR's becoming a Class I or Class II rail 
carrier. Under 49 CFR 1150.42(b), a change in operator requires that 
notice be given to shippers. CPR certifies that notice of the proposed 
transaction has been provided to shippers on the Line.
    The earliest this transaction may be consummated is May 26, 2023 
(30 days after the filing date of the verified notice of exemption).\3\
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    \3\ CPR's supplement, indicating that CPR's annual freight 
revenue will not exceed $5 million, was filed on April 26, 2023, 
which therefore is deemed the filing date of the verified notice.
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    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 effectiveness of the 
exemption. Petitions for stay must be filed no later than May 19, 2023 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36679, 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 
CPR's representative, Eric M. Hocky, Clark Hill PLC, Two Commerce 
Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103.
    According to CPR, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: May 9, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2023-10179 Filed 5-11-23; 8:45 am]
BILLING CODE 4915-01-P