Railroad operation, acquisition, construction, etc.: Central of Georgia Railroad Co.,

[Federal Register: January 7, 1999 (Volume 64, Number 4)]

[Notices]

[Page 1068-1069]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr07ja99-66]

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33688]

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 fileda verified notice of exemption under 49 CFR 1150.31 to acquire from Central of Georgia Railroad Company (COG) certain railroad assets, including approximately 42.4 miles of rail line. The assets consist of two portions of rail line: (1) a previously abandoned line of railroad between milepost GF-152.2 near Vidalia, Toombs County, GA, and milepost GF-171.0 near Kirby, Emanuel County, GA; and (2) COG's active rail line between milepost GF-171.0 near Kirby and milepost 194.6 near Midville, Burke County, GA.

GDOT, COG, and Ogeechee Railway Company (Ogeechee), 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 Ogeechee, which will continue to conduct freight operations over the line.‹SUP›1‹/SUP› It is intended that Ogeechee 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.

\1\ Ogeechee currently leases and operates over both portions of the line. See Ogeechee Railway Company--Lease Exemption--Line of Central of Georgia Railroad Company, STB Finance Docket No. 33683 (STB served Dec. 16, 1998).

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. 33689, Ogeechee Railway Company--Acquisition and Operation Exemption--Line of Central of Georgia Railroad Company, wherein Ogeechee 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.‹SUP›2‹/SUP› Petitions to reopen the proceeding to revoke the exemption under 49 U.S.C. 10502(d) may be filedat any time. The filing of a petition to revoke will not automatically stay the transaction.

\2\ A motion to dismiss has been filedin this proceeding. The motion will be addressed in a subsequent Board decision.

An original and 10 copies of all pleadings, referring to STB Finance Docket No. 33688, must be filedwith 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

[[Page 1069]]

Transportation, #2 Capitol Square, Atlanta, GA 30334-1002.

Board decisions and notices are available on our website at ``WWW.STB.DOT.GOV.''

Decided: December 29, 1998.

By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary.

[FR Doc. 99-204Filed1-6-99; 8:45 am]

BILLING CODE 4915-00-P