83 FR 23991 - HGS-FCR, LLC-Acquisition Exemption-CSX Transportation, Inc.

SURFACE TRANSPORTATION BOARD

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

Page Range		23991-23992
FR Document		2018-11053

Federal Register, Volume 83 Issue 100 (Wednesday, 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]


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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\
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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-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

Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices 23991

If the notice contains false or appurtenant sidings, and industrial Board decisions and notices are
misleading information, the exemption tracks. available on our website at
is void ab initio. Petitions to revoke the FCR states that in 2004 it entered into WWW.STB.GOV.
exemption under 49 U.S.C. 10502(d) an agreement to lease the Lines from Decided: May 18, 2018.
may be filed at any time. The filing of CSX Transportation, Inc. (CSXT). See By the Board, Scott M. Zimmerman, Acting
a petition to revoke will not Fulton Cty. Ry—Lease & Operation Director, Office of Proceedings.
automatically stay the effectiveness of Exemption—CSX Transp., Inc., FD Jeffrey Herzig,
the exemption. Stay petitions must be 34542 (STB served Oct. 14, 2004). It Clearance Clerk.
filed no later than May 30, 2018 (at least states that HGS–FCR will shortly enter
[FR Doc. 2018–11051 Filed 5–22–18; 8:45 am]
seven days before the exemption into an agreement to acquire the Lines
becomes effective). BILLING CODE 4915–01–P
from CSXT.2 As part of that transaction,
An original and 10 copies of all CSXT will assign the lease of the Lines
pleadings, referring to Docket No. FD by FCR to HGS–FCR. SURFACE TRANSPORTATION BOARD
36180 must be filed with the Surface FCR certifies that its projected annual
Transportation Board, 395 E Street SW, revenues as a result of this transaction
Washington, DC 20423–0001. In [Docket No. FD 36176]
will not result in the creation of a Class
addition, a copy of each pleading must I or Class II rail carrier. FCR further HGS–FCR, LLC—Acquisition
be served on Karl Morell, Karl Morell & certifies that the annual projected Exemption—CSX Transportation, Inc.
Associates, 440 1st Street NW, Suite revenue will exceed $5 million.3 In a
440, Washington, DC 20001. letter filed on March 28, 2018, HGS–FCR, LLC (HGS–FCR), a
Board decisions and notices are supplementing its notice of exemption, noncarrier, has filed a verified notice of
available on our website at FCR certifies that its lease agreement exemption under 49 CFR 1150.31 to
WWW.STB.GOV. with HGS–FCR contains no provisions acquire from CSX Transportation, Inc.
Decided: May 18, 2018. that may limit future interchange with (CSXT) approximately 55 miles of rail
By the Board, Scott M. Zimmerman, Acting a third-party connecting carrier. line in Atlanta, Ga. (the Lines),
Director, Office of Proceedings. FCR states that it expects to extending: (1) From milepost ANO
Jeffrey Herzig, consummate this transaction on or 855.06, V.S. 3 + 30, at Fulco Junction,
Clearance Clerk. shortly after the effective date of the westerly to milepost ANO 858.72, V.S.
exemption. The earliest this transaction 196 + 31; (2) from milepost ANO 858.72,
[FR Doc. 2018–11054 Filed 5–22–18; 8:45 am]
may be consummated is June 6, 2018, V.S. 196 + 31 northeasterly to milepost
BILLING CODE 4915–01–P
the effective date of the exemption. ANO 860.75, V.S. 304 + 70, at the
If the verified notice contains false or northeast end of the line; and (3) from
SURFACE TRANSPORTATION BOARD misleading information, the exemption V.S. 196 + 31 = V.S. 0 + 00
is void ab initio. Petitions to revoke the southwesterly to V.S. 208 + 94 at the
exemption under 49 U.S.C. 10502(d) southwest end of the line through the
[Docket No. FD 36174] Fulco Industrial Park, including the
may be filed at any time. The filing of
Fulton County Railway, LLC—Lease a petition to revoke will not track in the Fulco Yard and the
and Operation Exemption—HGS–FCR, automatically stay the effectiveness of appurtenant sidings, and industrial
LLC the exemption. Petitions for stay must tracks.1
be filed no later than May 30, 2018 (at According to HGS–FCR, it is
Fulton County Railway, LLC (FCR), a least seven days before the exemption acquiring the Lines from CSXT for
Class III rail carrier, filed a verified becomes effective). continued rail operations. HGS–FCR
notice of exemption under 49 CFR states that it is in the process of entering
1150.41 to lease from HGS–FCR, LLC An original and 10 copies of all into a Purchase and Sale Agreement
(HGS–FCR), and operate approximately pleadings, referring to Docket No. FD with CSXT. HGS–FCR also states that it
55 miles of rail lines located in Atlanta, 36174, must be filed with the Surface will lease the Lines to Fulton County
Ga. (the Lines).1 The Lines extend: (1) Transportation Board, 395 E Street SW, Railway, LLC, which will be the
From milepost ANO 855.06, V.S. 3+30, Washington, DC 20423–0001. In operator of the property. See Fulton Cty
at Fulco Junction, westerly to milepost addition, a copy of each pleading must Ry. Verified Notice of Exemption, Mar.
ANO 858.72, V.S. 196+31; (2) from be served on Karl Morell, Karl Morell & 22, 2018, Fulton Cty. Ry.—Lease &
milepost ANO 858.72, V.S. 196+31 Associates, 440 1st Street NW, Suite Operation Exemption—HGS–FCR, LLC,
northeasterly to milepost ANO 860.75, 440, Washington, DC 20001. Docket No. FD 36174.
V.S. 304+70, at the northeast end of the According to FCR, this action is HGS–FCR certifies that, as a result of
line; and (3) from V.S. 196+31 = V.S. excluded from environmental review the proposed transaction, its projected
0+00 southwesterly to V.S. 208+94 at under 49 CFR 1105.6(c). annual revenues will not result in its
the southwest end of the line through becoming a Class I or Class II rail carrier
2 On March 29, 2018, HGS–FCR filed a verified
the Fulco Industrial Park, including the and will not exceed $5 million. HGS–
notice of exemption to acquire the Lines from CSXT
track in the Fulco Yard and the in HGS–FCR, LLC—Acquisition Exemption—CSX
FCR also certifies that the proposed
Transportation, Inc., Docket No. FD 36176.
1 By decision served April 13, 2018, the Board 3 On March 19, 2018, FCR certified to the Board 1 By decision served April 13, 2018, the Board

held this and four related exemption proceedings in that on, March 16, 2018, it posted notice of the held this and four related exemption proceedings in
daltland on DSKBBV9HB2PROD with NOTICES

abeyance pending the filing of supplemental transaction at the workplace of the employees on abeyance pending the filing of supplemental
information in HGS Railway Holdings, Inc.— the Lines, and on March 19, 2018, it served a copy information in HGS Railway Holdings, Inc.—
Continuance in Control Exemption—HGS–FCR, LLC of the notice on the national office of the potentially Continuance in Control Exemption—HGS–FCR, LLC
& HGS–ATN, LLC, Docket No. FD 36180. On April affected employees’ labor union as required under & HGS–ATN, LLC, Docket No. FD 36180. On April
23, 2018, HGS Railway Holdings, Inc. filed a reply 49 CFR 1150.42(e). However, on March 22, 2018, 23, 2018, HGS Railway Holdings, Inc. filed a reply
and revised notice of exemption in that docket. The FCR sought waiver of the 60-day notice and revised notice of exemption in that docket. The
Board is serving and publishing in the Federal requirements. Because the exemption will not Board is serving and publishing in the Federal
Register today notices of the exemptions in all five become effective until June 6, 2018, FCR’s request Register today notices of the exemptions in all five
dockets, thus removing them from abeyance. for waiver will be dismissed as moot. dockets, thus removing them from abeyance.

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23992 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices

transaction does not involve any DATES: Comments must be received on Issued in Atlanta, GA, on May 16, 2018.
interchange commitments. or before June 22, 2018. Aimee McCormick,
The proposed transaction may be Acting Manager, Atlanta Airports District
consummated on or after June 6, 2018, ADDRESSES: Comments on this Office.
the effective date of this exemption. If application may be mailed or delivered [FR Doc. 2018–10953 Filed 5–22–18; 8:45 am]
the verified notice contains false or to the FAA at the following address: Rob
BILLING CODE 4910–13–P
misleading information, the exemption Rau, Federal Aviation Administration,
is void ab initio. Petitions to revoke the Atlanta Airports District Office, 1701
exemption under 49 U.S.C. 10502(d) Columbia Ave., Ste. 220, College Park, DEPARTMENT OF TRANSPORTATION
may be filed at any time. The filing of GA 30337.
a petition to revoke will not In addition, one copy of any Federal Aviation Administration
automatically stay the effectiveness of comments submitted to the FAA must
the exemption. Petitions to stay must be Notice of Intent To Rule on Request To
be mailed or delivered to: Toby Release Airport Property at Myrtle
filed by May 30, 2018 (at least seven Chappell, County Manager, Greenwood
days before the exemption becomes Beach International Airport, Myrtle
County, Park Plaza 102, 600 Monument Beach, SC
effective). Street, Box P–103, Greenwood, SC
An original and 10 copies of all AGENCY: Federal Aviation
29646.
pleadings, referring to Docket No. FD Administration (FAA), DOT.
36176, must be filed with the Surface FOR FURTHER INFORMATION CONTACT: Rob ACTION: Notice and request for comment.
Transportation Board, 395 E Street SW, Rau, Federal Aviation Administration,
Washington, DC 20423–0001. In Atlanta Airports District Office, 1701 SUMMARY: The FAA proposes to rule and
addition, a copy of each pleading must invites public comment on the release of
Columbia Ave., Ste. 220, College Park,
be served on applicant’s representative, land at Myrtle Beach International
GA 30337, robert.rau@faa.gov. The
Karl Morell, Karl Morell & Associates, Airport, Myrtle Beach, SC.
request to release property may be
440 1st Street NW, Suite 440, DATES: Comments must be received on
reviewed, by appointment, in person at
Washington, DC 20001. or before June 22, 2018.
According to HGS–FCR, this action is this same location.
ADDRESSES: Comments on this
categorically excluded from SUPPLEMENTARY INFORMATION: The FAA application may be mailed or delivered
environmental reporting under 49 CFR is reviewing a request to release 13.254 to the FAA at the following address:
1105.6(c). acres of surplus property at the Aimee McCormick, Federal Aviation
Board decisions and notices are Greenwood County Airport (GRD) under Administration, Atlanta Airports
available on our website at the provisions of 49 U.S.C. 47151(d). District Office, 1701 Columbia Ave., Ste.
WWW.STB.GOV. 220, College Park, GA 30337.
On May 2, 2018, Greenwood County
Decided: May 18, 2018. In addition, one copy of any
requested the FAA release of 13.254 comments submitted to the FAA must
By the Board, Scott M. Zimmerman, Acting
acres of surplus property for be mailed or delivered to: Kirk Lovell,
Director, Office of Proceedings.
commercial/industrial development. Director of Air Service and Business
Jeffrey Herzig,
The FAA has determined that the Development, Horry County Department
Clearance Clerk.
proposed property release at Greenwood of Airports, 1100 Jetport Rd., Myrtle
[FR Doc. 2018–11053 Filed 5–22–18; 8:45 am]
County Airport (GRD), as submitted by Beach, SC 29577.
BILLING CODE 4915–01–P
Greenwood County, meets the FOR FURTHER INFORMATION CONTACT:
procedural requirements of the Federal Aimee McCormick, Federal Aviation
Aviation Administration and release of Administration, Atlanta Airports
DEPARTMENT OF TRANSPORTATION the property does not and will not District Office, 1701 Columbia Ave., Ste.
Federal Aviation Administration impact future aviation needs at the 220, College Park, GA 30337,
airport. The FAA may approve the aimee.mccormick@faa.gov. The request
Notice of Intent To Rule on a Request request, in whole or in part, no sooner to release property may be reviewed, by
To Release Surplus Property at the than thirty days after the publication of appointment, in person at this same
Greenwood County Airport, this notice. In accordance with 49 location.
Greenwood, SC U.S.C. 47107(c)(2)(B)(i) and (iii), the SUPPLEMENTARY INFORMATION: The FAA
AGENCY: Federal Aviation airport will receive fair market value for invites public comment on the request
Administration (FAA), DOT. the property, which will be to release 17.5 acres of airport property
ACTION: Notice and request for comment.
subsequently reinvested in another at Myrtle Beach International Airport
eligible airport improvement project for (MYR) under the provisions of 49 U.S.C.
SUMMARY: Notice is being given that the aviation facilities at the Greenwood 47107(h)(2).
Federal Aviation Administration (FAA) County Airport. On February 2, 2018, the Horry
is considering a request from Any person may inspect, by County Department of Airports
Greenwood County to waive the appointment, the request in person at requested the FAA release of 17.5 acres
requirement that 13.254 acres of surplus of property for sale to the Veteran’s
the FAA office listed above under FOR
property located at the Greenwood Administration (VA) for development
FURTHER INFORMATION CONTACT. In
County Airport be used for aeronautical and use of a medical facility with no
daltland on DSKBBV9HB2PROD with NOTICES

addition, any person may, upon
purposes. Currently, the ownership of overnight patient bed services.) FAA has
the property provides for the protection appointment and request, inspect the determined that the proposed property
of FAR Part 77 surfaces and compatible application, notice and other documents release at Myrtle Beach International
land use which would continue to be determined by the FAA to be related to Airport (MYR), as submitted by Horry
protected with deed restrictions the application in person at the County Department of Airports, meets
required in the transfer of land Greenwood County Airport. the procedural requirements of the
ownership. Federal Aviation Administration and

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Document Created: 2018-05-22 23:48:31
Document Modified: 2018-05-22 23:48:31

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 23991