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

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

Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)

Notices

Pages 23989-23990

From the Federal Register Online via the Government Publishing Office www.gpo.gov

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

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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