83 FR 23991 - HGS-FCR, 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 23991-23992]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11053]


-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36176]


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

    HGS-FCR, LLC (HGS-FCR), a noncarrier, has filed a verified notice 
of exemption under 49 CFR 1150.31 to acquire from CSX Transportation, 
Inc. (CSXT) approximately 55 miles of rail line in Atlanta, Ga. (the 
Lines), extending: (1) From milepost ANO 855.06, V.S. 3 + 30, at Fulco 
Junction, westerly to milepost ANO 858.72, V.S. 196 + 31; (2) from 
milepost ANO 858.72, V.S. 196 + 31 northeasterly to milepost ANO 
860.75, V.S. 304 + 70, at the northeast end of the line; and (3) from 
V.S. 196 + 31 = V.S. 0 + 00 southwesterly to V.S. 208 + 94 at the 
southwest end of the line through the Fulco Industrial Park, including 
the track in the Fulco Yard and the appurtenant sidings, and industrial 
tracks.\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-FCR, it is acquiring the Lines from CSXT for 
continued rail operations. HGS-FCR states that it is in the process of 
entering into a Purchase and Sale Agreement with CSXT. HGS-FCR also 
states that it will lease the Lines to Fulton County Railway, LLC, 
which will be the operator of the property. See Fulton Cty Ry. Verified 
Notice of Exemption, Mar. 22, 2018, Fulton Cty. Ry.--Lease & Operation 
Exemption--HGS-FCR, LLC, Docket No. FD 36174.
    HGS-FCR 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-FCR also 
certifies that the proposed

[[Page 23992]]

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 36176, 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-FCR, 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. 2018-11053 Filed 5-22-18; 8:45 am]
 BILLING CODE 4915-01-P