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

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Federal Register/Vol. 83, No. 100/Wednesday, May 23, 2018/Notices 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] will lease the Lines to Alabama & rail lines to be owned by HGS–ATN are Tennessee River Railway, which will be HGS Railway Holdings, Inc.— located in Alabama and the rail lines to the operator of the property. See Ala. & Continuance in Control Exemption— be owned by HGS–FCR are located in Tenn. River Ry. Verified Notice of HGS–FCR, LLC and HGS–ATN, LLC Atlanta, Ga.; (2) the continuance in 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 relieve a rail carrier of its statutory exemption under 49 U.S.C. 10502(d) acquire rail lines from CSX obligation to protect the interests of its may be filed at any time. The filing of Transportation, Inc. (CSXT): HGS–ATN employees. Section 11326(c), however, a petition to revoke will not for approximately 121 miles of rail line does not provide for labor protection for automatically stay the effectiveness of in Alabama, and HGS–FCR for transactions under §§ 11324 and 11325 the exemption. Petitions to stay must be approximately 55 miles of rail line in that involve only Class III rail carriers. filed by May 30, 2018 (at least seven Georgia. The transaction is also related Accordingly, the Board may not impose days before the exemption becomes to verified notices of exemption in labor protective conditions here, effective). Alabama & Tennessee River Railway— because all of the carriers involved are An original and 10 copies of all Lease & Operation Exemption—HGS– Class III carriers. pleadings, referring to Docket No. FD ATN, LLC, Docket No. FD 36173, and 36175, must be filed with the Surface Fulton County Railway—Lease & Operation Exemption—HGS–FCR, LLC, 2 OmniTRAX controls the following railroads Transportation Board, 395 E Street SW, 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); Panhandle Northern Railway, LLC (Texas); Peru Board decisions and notices are HGS Holdings is a non-carrier that owns 100 percent of the issued and Industrial Railroad, LLC (Illinois); Sand Springs available on our website at 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 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. VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1 daltland on DSKBBV9HB2PROD with NOTICES 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). from CSXT.2 As part of that transaction, BILLING CODE 4915–01–P 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 [Docket No. FD 36176] Washington, DC 20423–0001. In 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.
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