83 FR 23989 - HGS-ATN, LLC-Acquisition Exemption-CSX Transportation, Inc.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 100 (May 23, 2018)

[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23989-23990]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11052]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36175]


HGS-ATN, LLC--Acquisition Exemption--CSX Transportation, Inc.

    HGS-ATN, LLC (HGS-ATN), a noncarrier, has filed a verified notice 
of exemption under 49 CFR 1150.31 to acquire from CSX Transportation, 
Inc. (CSXT) approximately 121 miles of rail line in Alabama (the 
Lines). The Lines extend (1) from milepost SG 737.06, at or near 
Birmingham, to approximately milepost SG 673.43 at or near Wellington 
(Birmingham Subdivision); (2) from OAM 552.91 at or near Wellington to 
OAM 545.93 at or near Moragne (Gadsden Subdivision); (3) from milepost 
AG114.81 at or near Moragne to AG 85.0, at or near

[[Page 23990]]

Guntersville (Guntersville Subdivision); and (4) from milepost 0LE 
447.89 at or near Moragne, to milepost 0LE 442.60 at or near Ivalee 
(Ivalee Spur).\1\
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    \1\ By decision served April 13, 2018, the Board held this and 
four related exemption proceedings in abeyance pending the filing of 
supplemental information in HGS Railway Holdings, Inc.--Continuance 
in Control Exemption--HGS-FCR, LLC & HGS-ATN, LLC, Docket No. FD 
36180. On April 23, 2018, HGS Railway Holdings, Inc. filed a reply 
and revised notice of exemption in that docket. The Board is serving 
and publishing in the Federal Register today notices of the 
exemptions in all five dockets, thus removing them from abeyance.
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    According to HGS-ATN, it is acquiring the Lines from CSXT for 
continued rail operations. HGS-ATN states that it is in the process of 
entering into a Purchase and Sale Agreement with CSXT. HGS-ATN also 
states that it will lease the Lines to Alabama & Tennessee River 
Railway, which will be the operator of the property. See Ala. & Tenn. 
River Ry. Verified Notice of Exemption, Mar. 22, 2018, Ala. & Tenn. 
River Ry., LLC--Lease & Operation Exemption-- HGS-ATN, LLC, Docket No. 
FD 36173.
    HGS-ATN certifies that, as a result of the proposed transaction, 
its projected annual revenues will not result in its becoming a Class I 
or Class II rail carrier and will not exceed $5 million. HGS-ATN also 
certifies that the proposed transaction does not involve any 
interchange commitments.
    The proposed transaction may be consummated on or after June 6, 
2018, the effective date of this exemption. 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 by May 30, 2018 (at least seven days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36175, must be filed with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on applicant's representative, Karl Morell, 
Karl Morell & Associates, 440 1st Street NW, Suite 440, Washington, DC 
20001.
    According to HGS-ATN, this action is categorically excluded from 
environmental reporting under 49 CFR 1105.6(c).
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: May 18, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-11052 Filed 5-22-18; 8:45 am]
 BILLING CODE 4915-01-P