SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
FD_35396_0

Case Title:  
COUNTY OF GREENVILLE, S.C.--ACQUISITION EXEMPTION--GREENVILLE COUNTY ECONOMIC DEVELOPMENT CORPORATION

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT THE COUNTY OF GREENVILLE, S.C. FILED A NOTICE OF EXEMPTION TO ACQUIRE FROM GREENVILLE COUNTY ECONOMIC DEVELOPMENT CORPORATION APPROXIMATELY 11.8 MILES OF RAIL LINE IN GREENVILLE, S.C.

    Decision Attachments

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    Full Text of Decision

35729

40991 SERVICE DATE – AUGUST 11, 2010

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35396]

County of Greenville, S.C.—Acquisition Exemption—Greenville County Economic Development Corporation

The County of Greenville, S.C. (County), a noncarrier political subdivision of the State of South Carolina, has filed a verified notice of exemption under 49 C.F.R. 1150.31 to acquire from Greenville County Economic Development Corporation (GCEDC) approximately 11.8 miles of rail line between milepost 0.0 in Greenville, S.C. and milepost 11.8 in Travelers Rest, S.C.[1]

Petitioners state that, as a result of the transaction, the County will acquire GCEDC’s interest in the line, including the residual common carrier obligation. GCEDC will assign its interest in a trail agreement reached with the Greenville County Recreation District (GCRD) on September 26, 2006, and the County will assume all of GCEDC’s rights and responsibilities under that agreement. GCRD will retain its leasehold interest in the line and will continue to be the trail owner and operator. The end result will be that all of GCEDC’s ownership rights and responsibilities in the line will be transferred to the County. According to petitioners, the proposed acquisition will not involve any provision or agreement between GCEDC and the County that would limit future interchange with a third-party connecting carrier.

The transaction is scheduled to be consummated on or after August 25, 2010 (30 days after the notice of exemption was filed).

The County certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and further certifies that its projected annual revenue will not exceed $5 million.

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 to stay must be filed no later than August 18, 2010 (at least 7 days before the exemption becomes effective).

An original and 10 copies of all pleadings, referring to Docket No. FD 35396, must be filed with the Surface Transportation Board, 395 E Street, S.W., Washington, D.C. 20423-0001. In addition, a copy must be served on William A. Mullins, 2401 Pennsylvania Ave., N.W., Suite 300, Washington, D.C. 20037.

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

Decided: August 6, 2010.

By the Board, Rachel D. Campbell, Director, Office of Proceedings.



[1] The line is railbanked in accordance with the National Trails System Act, 16 U.S.C. 1247(d). See Greenville County Economic Development Corporation—Abandonment and Discontinuance Exemption—in Greenville County, S.C., Docket No. AB 490 (Sub-No. 1X) (STB served Oct. 12, 2005 and Nov. 13, 2006).