[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Page 23991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11051]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36174]


Fulton County Railway, LLC--Lease and Operation Exemption--HGS-
FCR, LLC

    Fulton County Railway, LLC (FCR), a Class III rail carrier, filed a 
verified notice of exemption under 49 CFR 1150.41 to lease from HGS-
FCR, LLC (HGS-FCR), and operate approximately 55 miles of rail lines 
located in Atlanta, Ga. (the Lines).\1\ The Lines extend: (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.
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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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    FCR states that in 2004 it entered into an agreement to lease the 
Lines from CSX Transportation, Inc. (CSXT). See Fulton Cty. Ry--Lease & 
Operation Exemption--CSX Transp., Inc., FD 34542 (STB served Oct. 14, 
2004). It states that HGS-FCR will shortly enter into an agreement to 
acquire the Lines from CSXT.\2\ As part of that transaction, CSXT will 
assign the lease of the Lines by FCR to HGS-FCR.
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    \2\ On March 29, 2018, HGS-FCR filed a verified notice of 
exemption to acquire the Lines from CSXT in HGS-FCR, LLC--
Acquisition Exemption--CSX Transportation, Inc., Docket No. FD 
36176.
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    FCR certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class I or Class 
II rail carrier. FCR further certifies that the annual projected 
revenue will exceed $5 million.\3\ In a letter filed on March 28, 2018, 
supplementing its notice of exemption, FCR certifies that its lease 
agreement with HGS-FCR contains no provisions that may limit future 
interchange with a third-party connecting carrier.
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    \3\ On March 19, 2018, FCR certified to the Board that on, March 
16, 2018, it posted notice of the transaction at the workplace of 
the employees on the Lines, and on March 19, 2018, it served a copy 
of the notice on the national office of the potentially affected 
employees' labor union as required under 49 CFR 1150.42(e). However, 
on March 22, 2018, FCR sought waiver of the 60-day notice 
requirements. Because the exemption will not become effective until 
June 6, 2018, FCR's request for waiver will be dismissed as moot.
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    FCR states that it expects to consummate this transaction on or 
shortly after the effective date of the exemption. The earliest this 
transaction may be consummated is June 6, 2018, the effective date of 
the 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 for stay must be filed no later than 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 36174, 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 Karl Morell, Karl Morell & Associates, 440 
1st Street NW, Suite 440, Washington, DC 20001.
    According to FCR, this action is excluded from environmental review 
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. 2018-11051 Filed 5-22-18; 8:45 am]
 BILLING CODE 4915-01-P