[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65783-65784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27524]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36247]
Florida Gulf & Atlantic Railroad, LLC--Acquisition and Operation
Exemption With Interchange Commitment--CSX Transportation, Inc.
Florida Gulf & Atlantic Railroad, LLC (FGA), a noncarrier, has
filed a verified notice of exemption under 49 CFR 1150.31 to acquire
from CSX Transportation, Inc. (CSXT), and to operate, approximately 373
miles of rail line pursuant to a purchase and sale agreement and a
freight operating agreement with CSXT. The rail lines to be acquired
and operated by FGS consists of the following: (1) The Tallahassee
Subdivision between
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Baldwin, Fla., at or near CSXT milepost SP 653.3, and Chattahoochee,
Fla., at or near CSXT milepost SP 842.5; (2) the P&A Subdivision
between Chattahoochee, at or near CSXT milepost 00K810.7, and
Pensacola, Fla., at or near CSXT milepost 00K651.0; and (3) portions of
the Bainbridge Subdivision between Tallahassee, Fla., at or near CSXT
milepost SLC 52.0, and Attapulgus, Ga., at or near CSXT milepost SLC
79.0 (collectively, the ``Lines'').
As part of this transaction, CSXT will retain limited overhead
trackage rights only for the movement of certain CSXT freight traffic,
in CSXT's trains, locomotives, cars, and equipment with CSXT's own
crews over the following segments of the Lines: (1) The Tallahassee
Subdivision between the connection with CSXT at Baldwin, at or near
CSXT milepost SP 653.3 and Chattahoochee, at or near CSXT milepost SP
842.5; and (2) the P&A Subdivision between Chattahoochee, at or near
CSXT milepost 00K810.7, and the connection with CSXT at Pensacola, at
or near CSXT milepost 00K 651.0. In addition, FGA will acquire trackage
rights to operate its trains, locomotives, cars and equipment with its
own crews, solely for the purposes of conducting interchange with CSXT,
on the following segments of CSXT rail lines: (1) CSXT milepost
00K651.0 to milepost 00K 649.0, near Pensacola; and (2) CSXT milepost
SP 653.3 to milepost S 653.0, near Baldwin.
This transaction is related to a concurrently filed verified notice
of exemption under 49 CFR 1180.2(d)(2) in RailUSA, LLC & American Rail
Partners, LLC--Continuance in Control Exemption--Florida Gulf &
Atlantic Railroad, LLC, Docket No. FD 36248, in which RailUSA, LLC, and
American Rail Partners, LLC, the direct owner and indirect owner of
FGA, respectively, seek Board approval to continue in control of FGA
upon FGA's becoming a Class III rail carrier.
As required under 49 CFR 1150.33(h)(1), FGA has disclosed in its
verified notice that the freight operating agreement between FGA and
CSXT \1\ contains an interchange commitment that affects the
interchange with carriers other than CSXT at the interchange points of
Chattahoochee and Cottondale, Fla. In addition, FGA has provided the
additional information regarding the interchange commitment required by
section 1150.33(h)(1).
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\1\ FGA filed a confidential version of the freight operating
agreement with its notice of exemption to be kept confidential by
the Board under 49 CFR 1104.14(a) without need for the filing of an
accompanying motion for protective order under 49 CFR 1104.14(b).
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FGA certifies that its projected annual revenues do not exceed
those that would qualify it as a Class III rail carrier. FGA notes,
however, that its annual operating revenues will exceed $5 million.
Accordingly, in compliance with 49 CFR 1150.32(e), FGA certified on
November 6, 2018, that, on that day, the required 60-day notice of this
transaction was posted at the workplaces of CSXT employees on the Lines
and served on the national offices of those employees' unions.
The earliest this transaction may be consummated is January 6,
2019, the effective date of the exemption (30 days after the verified
notice was filed).
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 no later than December 28,
2018 (at least seven days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 36247, 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 Peter W. Denton, Steptoe & Johnson LLP, 1330
Connecticut Ave. NW, Washington, DC 20036.
According to FGA, this action is excluded from environmental review
under 49 CFR 1105.6(c) and from historic reporting under 49 CFR
1105.8(b)(1).
Board decisions and notices are available on our website at
www.stb.gov.
Decided: December 14, 2018.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-27524 Filed 12-20-18; 8:45 am]
BILLING CODE 4915-01-P