[Federal Register Volume 90, Number 180 (Friday, September 19, 2025)]
[Notices]
[Pages 45304-45305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18113]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36879]
Georgiana & Andalusia Railroad, LLC--Change in Operator
Exemption--Rail Line in Butler, Conecuh, and Covington Counties, Ala.
Georgiana & Andalusia Railroad, LLC (GAR), a noncarrier, has filed
a verified notice of exemption under 49 CFR 1150.31 to replace Three
Notch Railway, L.L.C. (TNHR), as the operator on two rail lines in
southern Alabama: (1) a 33-mile line between an interchange point
[[Page 45305]]
with CSX Transportation, Inc. (CSXT), at approximately right-of-way
station 22+57 in Georgiana, Ala., and approximately milepost 581.3 in
Andalusia, Ala. (the Georgiana Line), and (2) a 2.64-mile line between
a connection with the Georgiana Line at approximately milepost
S428+2986 feet and approximately milepost S425+4905 feet, both in
Andalusia (the Andalusia Line) (collectively the Lines).\1\
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\1\ GAR notes that the verified notice of exemption filed in
Three Notch Railway--Acquisition & Operation Exemption--Three Notch
Railroad., FD 35488 (STB served Apr. 22, 2011), misstated the length
of the Lines as 34 miles. GAR also notes that the mileposts in the
2011 verified notice for the Andalusia Line differ from those here
due to the line have been resurveyed. Lastly, GAR notes that the
2011 verified notice referred to Three Notch Railway, L.L.C., as
``TNRW'' and the previous operator, Three Notch Railroad Co., Inc.,
as ``TNHR.'' GAR states that it refers to the current operator as
TNHR to maintain consistency with its transactional documentation.
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According to the verified notice, GAR will purchase from TNHR the
track and rail-related improvements on the Georgiana Line and will
assume by assignment TNHR's lease from CSXT for the land underlying the
Georgiana Line.\2\ GAR further states that it will assume by assignment
TNHR's lease of the Andalusia Line from Andalusia & Conecuh Railroad
Company (A&C).\3\ GAR has agreed in principle with TNHR, CSXT, and A&C
on the proposed transaction, under which GAR will replace TNHR as
operator and assume the common carrier obligation on the Lines.\4\
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\2\ GAR states that it intends to enter into an agreement with
CSXT that will amend and restate the lease immediately upon GAR's
acquisition of the track and rail-related improvements from TNHR.
\3\ According to GAR, all of these agreements will take effect
simultaneously.
\4\ The verified notice states that TNHR agrees to GAR's
assumption of the common carrier obligation.
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This transaction is related to a concurrently filed verified notice
of exemption in Macquarie Infrastructure Partners V GP, LLC--
Continuance in Control Exemption--Georgiana & Andalusia Railroad,
Docket No. FD 36880, in which Macquarie Infrastructure Partners V GP,
LLC--on behalf of itself and the Macquarie Infrastructure Partners V
fund vehicle; MIP V Rail, LLC; Pinsly Holdco, LLC; and Pinsly Railroad
Company, LLC--seek to continue in control of GAR upon GAR's becoming a
Class III rail carrier.
GAR certifies that the agreement governing the transaction does not
include any provision that may limit future interchange with a third-
party connecting carrier. GAR also certifies that its projected annual
revenues as a result of this transaction will not result in its
becoming a Class II or Class I rail carrier and that its projected
annual revenue will not exceed $5 million.
Under 49 CFR 1150.32(b), a change in operator requires that notice
be given to shippers. GAR certifies that it has provided a copy of its
verified notice of exemption to all customers on the Lines.
The transaction may be consummated on or after October 4, 2025, the
effective date of the exemption (30 days after the verified notice was
filed).
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 September 26,
2025 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 36879, 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
GAR's representative, Theodore L. Hunt, Dentons US LLP, 1900 K Street
NW, Washington, DC 20006.
According to GAR, 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: September 12, 2025.
By the Board, Anika S. Cooper, Chief Counsel, Office of Chief
Counsel.
Zantori Dickerson,
Clearance Clerk.
[FR Doc. 2025-18113 Filed 9-18-25; 8:45 am]
BILLING CODE 4915-01-P