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, Issue 100 (May 23, 2018)
| Page Range | 23989-23990 | |
| FR Document | 2018-11052 |
[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] ----------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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
![Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices 23989
determination who might have a SURFACE TRANSPORTATION BOARD letter filed on March 28, 2018,
constitutional presence in the United supplementing its notice of exemption,
[Docket No. FD 36173]
States, because to do so would render ATN certifies that its lease agreement
ineffectual the measures authorized in Alabama & Tennessee River Railway, with HGS–ATN contains no provisions
the Order. LLC—Lease and Operation that may limit future interchange with
This notice shall be published in the Exemption—HGS–ATN, LLC a third-party connecting carrier.
Federal Register. ATN states that it expects to
Alabama & Tennessee River Railway consummate this transaction on or
John J. Sullivan,
(ATN), a Class III rail carrier, filed a shortly after the effective date of the
Deputy Secretary of State. verified notice of exemption under 49 exemption. The earliest this transaction
[FR Doc. 2018–11011 Filed 5–22–18; 8:45 am] CFR 1150.41 to lease from HGS–ATN, may be consummated is June 6, 2018,
BILLING CODE 4710–AD–P LLC (HGS–ATN), and operate the effective date of the exemption.
approximately 121 miles of rail lines If the verified notice contains false or
located in Alabama (the Lines).1 The misleading information, the exemption
DEPARTMENT OF STATE Lines extend (1) from milepost SG is void ab initio. Petitions to revoke the
[Public Notice: 10420] 737.06, at or near Birmingham, to exemption under 49 U.S.C. 10502(d)
approximately milepost SG 673.43 at or may be filed at any time. The filing of
Culturally Significant Objects Imported near Wellington (Birmingham a petition to revoke will not
for Exhibition Determinations: Subdivision); (2) from OAM 522.91 at or automatically stay the effectiveness of
‘‘Fabergé Rediscovered’’ Exhibition; near Wellington to OAM 545.93 at or the exemption. Petitions for stay must
Notice of Determinations near Moragne (Gadsden Subdivision); be filed no later than May 30, 2018 (at
(3) from milepost 114.81 at or near least seven days before the exemption
SUMMARY: Notice is hereby given of the Moragne to AG 85.0, at or near
following determinations: I hereby becomes effective).
Guntersville (Guntersville Subdivision); An original and 10 copies of all
determine that certain objects to be and (4) from milepost 0LE 447.89 at or
included in the exhibition ‘‘Fabergé pleadings, referring to Docket No. FD
near Moragne, to milepost 0LE 442.60 at 36173, must be filed with the Surface
Rediscovered,’’ imported from abroad or near Ivalee (Ivalee Spur), in Jefferson,
for temporary exhibition within the Transportation Board, 395 E Street SW,
St. Clair, Calhoun, Etowah, and Washington, DC 20423–0001. In
United States, are of cultural Marshall Counties, Ala.
significance. The objects are imported addition, a copy of each pleading must
ATN states that in 2004 it entered into be served on Karl Morell, Karl Morell &
pursuant to loan agreements with the an agreement to lease the Lines from
foreign owners or custodians. I also Associates, 440 1st Street NW, Suite
CSX Transportation, Inc. (CSXT). See 440, Washington, DC 20001.
determine that the exhibition or display Ala. & Tenn. River Ry.—Lease &
of the exhibit objects at the Hillwood According to ATN, this action is
Operation Exemption—CSX Transp., excluded from environmental review
Estate, Museum & Gardens, Washington, Inc., FD 34611 (STB served Dec. 17,
District of Columbia, from on or about under 49 CFR 1105.6(c).
2004). ATN further states that HGS– Board decisions and notices are
June 9, 2018, until on or about January ATN will shortly enter into an
13, 2019, and at possible additional available on our website at
agreement to acquire the Lines from WWW.STB.GOV.
exhibitions or venues yet to be CSXT.2 As part of that transaction,
determined, is in the national interest. CSXT will assign the ATN’s lease of the Decided: May 18, 2018.
I have ordered that Public Notice of Lines to HGS–ATN. By the Board, Scott M. Zimmerman, Acting
these determinations be published in ATN certifies that its projected annual Director, Office of Proceedings.
the Federal Register. revenues as a result of this transaction Jeffrey Herzig,
FOR FURTHER INFORMATION CONTACT: will not result in the creation of a Class Clearance Clerk.
Elliot Chiu, Attorney-Adviser, Office of I or Class II rail carrier. ATN further [FR Doc. 2018–11050 Filed 5–22–18; 8:45 am]
the Legal Adviser, U.S. Department of certifies that the annual projected BILLING CODE 4915–01–P
State (telephone: 202–632–6471; email: revenue will exceed $5 million.3 In a
section2459@state.gov). The mailing
address is U.S. Department of State, 1 By decision served April 13, 2018, the Board
SURFACE TRANSPORTATION BOARD
held this and four related exemption proceedings in
L/PD, SA–5, Suite 5H03, Washington, abeyance pending the filing of supplemental [Docket No. FD 36175]
DC 20522–0505. information in HGS Railway Holdings, Inc.—
SUPPLEMENTARY INFORMATION: The Continuance in Control Exemption—HGS–FCR, LLC HGS–ATN, LLC—Acquisition
foregoing determinations were made & HGS–ATN, LLC, Docket No. FD 36180. On April
23, 2018, HGS Railway Holdings, Inc. filed a reply
Exemption—CSX Transportation, Inc.
pursuant to the authority vested in me and revised notice of exemption in that docket. The
by the Act of October 19, 1965 (79 Stat. Board is serving and publishing in the Federal
HGS–ATN, LLC (HGS–ATN), a
985; 22 U.S.C. 2459), E.O. 12047 of Register today notices of the exemptions in all five noncarrier, has filed a verified notice of
March 27, 1978, the Foreign Affairs dockets, thus removing them from abeyance. exemption under 49 CFR 1150.31 to
2 On March 29, 2018, HGS–ATN filed a verified
Reform and Restructuring Act of 1998 acquire from CSX Transportation, Inc.
notice of exemption to acquire the Lines from CSXT
(112 Stat. 2681, et seq.; 22 U.S.C. 6501 in HGS–ATN, LLC—Acquisition Exemption—CSX
(CSXT) approximately 121 miles of rail
note, et seq.), Delegation of Authority Transportation, Inc., Docket No. FD 36175. line in Alabama (the Lines). The Lines
No. 234 of October 1, 1999, and 3 On March 19, 2018, ATN certified to the Board extend (1) from milepost SG 737.06, at
Delegation of Authority No. 236–3 of that on, March 16, 2018, it posted notice of the or near Birmingham, to approximately
daltland on DSKBBV9HB2PROD with NOTICES
transaction at the workplace of the employees on milepost SG 673.43 at or near
August 28, 2000. the Lines, and on March 19, 2018, it served a copy
of the notice on the national office of the potentially Wellington (Birmingham Subdivision);
Marie Therese Porter Royce, affected employees’ labor union as required under (2) from OAM 552.91 at or near
Assistant Secretary for Educational and 49 CFR 1150.42(e). However, on March 22, 2018, Wellington to OAM 545.93 at or near
Cultural Affairs, Department of State. ATN sought waiver of the 60-day notice
requirements. Because the exemption will not
Moragne (Gadsden Subdivision); (3)
[FR Doc. 2018–11003 Filed 5–22–18; 8:45 am] become effective until June 6, 2018, ATN’s request from milepost AG114.81 at or near
BILLING CODE 4710–05–P for waiver will be dismissed as moot. Moragne to AG 85.0, at or near
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![23990 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices
Guntersville (Guntersville Subdivision); By the Board, Scott M. Zimmerman, Acting Holdings Combined, Inc. (OmniTRAX),
and (4) from milepost 0LE 447.89 at or Director, Office of Proceedings. is a non-carrier that controls 18 Class III
near Moragne, to milepost 0LE 442.60 at Jeffrey Herzig, railroads.2 HGS Holdings and
or near Ivalee (Ivalee Spur).1 Clearance Clerk. OmniTRAX share the same address,
According to HGS–ATN, it is [FR Doc. 2018–11052 Filed 5–22–18; 8:45 am] chief executive officer, and additional
acquiring the Lines from CSXT for BILLING CODE 4915–01–P officials or officers. Together, the two
continued rail operations. HGS–ATN companies’ holdings appear to
states that it is in the process of entering encompass the entirety of the rail
into a Purchase and Sale Agreement SURFACE TRANSPORTATION BOARD carriers in the corporate family.3
with CSXT. HGS–ATN also states that it HGS Holdings represents that: (1) The
[Docket No. FD 36180] rail lines to be owned by HGS–ATN are
will lease the Lines to Alabama &
Tennessee River Railway, which will be located in Alabama and the rail lines to
HGS Railway Holdings, Inc.—
the operator of the property. See Ala. & be owned by HGS–FCR are located in
Continuance in Control Exemption—
Tenn. River Ry. Verified Notice of Atlanta, Ga.; (2) the continuance in
HGS–FCR, LLC and HGS–ATN, LLC
Exemption, Mar. 22, 2018, Ala. & Tenn. control is not part of a series of
River Ry., LLC—Lease & Operation HGS Railway Holdings, Inc. (HGS anticipated transactions that would
Exemption— HGS–ATN, LLC, Docket Holdings), has filed a verified notice of connect the rail lines to be operated by
No. FD 36173. exemption under 49 CFR 1180.2(d)(2) to HGS–ATN, HGS–FCR, and the 18
HGS–ATN certifies that, as a result of continue in control of HGS–ATN, LLC railroads in the OmniTRAX family; and
the proposed transaction, its projected (HGS–ATN), and HGS–FCR, LLC (HGS– (3) there are no Class I rail carriers in
annual revenues will not result in its FCR) (collectively, the LLCs), upon the HGS Holdings/OmniTRAX
becoming a Class I or Class II rail carrier HGS–ATN’s and HGS–FCR’s becoming corporate family. Moreover, the verified
and will not exceed $5 million. HGS– Class III rail carriers. notice shows that the rail lines to be
ATN also certifies that the proposed This transaction is related to verified acquired by HGS–ATN and HGS–FCR
transaction does not involve any notices of exemption in HGS–ATN, do not connect with each other or with
interchange commitments. LLC—Acquisition Exemption—CSX any railroads in the OmniTRAX family.
The proposed transaction may be Transportation, Inc., Docket No. FD Therefore, the proposed transaction is
consummated on or after June 6, 2018, 36175 and HGS–FCR, LLC—Acquisition exempt from the prior approval
the effective date of this exemption. If Exemption—CSX Transportation, Inc., requirements of 49 U.S.C. 11323. See 49
the verified notice contains false or Docket No. FD 36176. In those CFR 1180.2(d)(2).
misleading information, the exemption proceedings, the LLCs individually seek Under 49 U.S.C. 10502(g), the Board
is void ab initio. Petitions to revoke the authority pursuant to 49 CFR 1150.31 to may not use its exemption authority to
acquire rail lines from CSX relieve a rail carrier of its statutory
exemption under 49 U.S.C. 10502(d)
Transportation, Inc. (CSXT): HGS–ATN obligation to protect the interests of its
may be filed at any time. The filing of
for approximately 121 miles of rail line employees. Section 11326(c), however,
a petition to revoke will not
in Alabama, and HGS–FCR for does not provide for labor protection for
automatically stay the effectiveness of
approximately 55 miles of rail line in transactions under §§ 11324 and 11325
the exemption. Petitions to stay must be
Georgia. The transaction is also related that involve only Class III rail carriers.
filed by May 30, 2018 (at least seven
to verified notices of exemption in Accordingly, the Board may not impose
days before the exemption becomes
Alabama & Tennessee River Railway— labor protective conditions here,
effective).
Lease & Operation Exemption—HGS– because all of the carriers involved are
An original and 10 copies of all
ATN, LLC, Docket No. FD 36173, and Class III carriers.
pleadings, referring to Docket No. FD
36175, must be filed with the Surface Fulton County Railway—Lease &
2 OmniTRAX controls the following railroads
Transportation Board, 395 E Street SW, Operation Exemption—HGS–FCR, LLC, operating in the identified states: ATN (Alabama);
Washington, DC 20423–0001. In Docket No. FD 36174. In those FCR (Georgia); Brownsville & Rio Grande
addition, a copy of each pleading must proceedings, Alabama & Tennessee International Railway, LLC (Texas); Chicago Rail
River Railway (ATN), and Fulton Link, LLC (Illinois); Georgia & Florida Railway, LLC
be served on applicant’s representative, (Georgia, Florida); Georgia Woodlands Railroad,
Karl Morell, Karl Morell & Associates, County Railway, LLC (FCR), seek LLC (Georgia); Great Western Railway of Colorado,
440 1st Street NW, Suite 440, authority to lease and operate over the LLC (Colorado); Illinois Railway, LLC (Illinois);
Washington, DC 20001. Alabama and Georgia lines, Kettle Falls International Railway, LLC
respectively.1 (Washington); Manufacturers’ Junction Railway,
According to HGS–ATN, this action is LLC (Illinois); Nebraska, Kansas & Colorado
categorically excluded from The earliest this transaction may be Railway, LLC (Nebraska, Kansas, Colorado);
environmental reporting under 49 CFR consummated is June 6, 2018, the Newburgh & South Shore Railroad, LLC (Ohio);
1105.6(c). effective date of the exemption. Northern Ohio & Western Railway (Ohio);
HGS Holdings is a non-carrier that Panhandle Northern Railway, LLC (Texas); Peru
Board decisions and notices are Industrial Railroad, LLC (Illinois); Sand Springs
available on our website at owns 100 percent of the issued and Railway Company (Oklahoma); Stockton Terminal
WWW.STB.GOV. outstanding stock of HGS–ATN and and Eastern Railroad (California); and Central Texas
HGS–FCR, two limited liability & Colorado River Railway, LLC (Texas).
Decided: May 18, 2018. companies and non-carriers that were 3 HGS Holdings concedes in its April 23, 2018
formed for the purpose of acquiring supplemental filing that it and OmniTRAX are
1 By decision served April 13, 2018, the Board under joint managerial and operational control
held this and four related exemption proceedings in certain lines from CSXT. OmniTrax because individuals who are officers or officials at
daltland on DSKBBV9HB2PROD with NOTICES
abeyance pending the filing of supplemental both companies are able to direct the day-to-day
information in HGS Railway Holdings, Inc.— 1 By decision served April 13, 2018, the Board operations of the railroad subsidiaries. HGS
Continuance in Control Exemption—HGS–FCR, LLC held all five exemption proceedings in abeyance Holdings is reminded that common control can be
& HGS–ATN, LLC, Docket No. FD 36180. On April pending HGS Holdings’ filing of supplemental established due to other factors as well, e.g.,
23, 2018, HGS Railway Holdings, Inc. filed a reply information about its corporate family. On April 23, common ownership. See 49 U.S.C. 11323(b), (c). To
and revised notice of exemption in that docket. The 2018, HGS Holdings filed a reply and revised notice the extent that any additional rail carriers come
Board is serving and publishing in the Federal of exemption. The information in that filing is under the control of an entity with an ownership
Register today notices of the exemptions in all five sufficient for the Board to remove all five interest in HGS Holdings or OmniTRAX, prior
dockets, thus removing them from abeyance. proceedings from abeyance and publish the notices. authorization by the Board could be required. Id.
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Document Created: 2018-05-22 23:49:15
Document Modified: 2018-05-22 23:49:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 23989 |
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