82 FR 20958 - Hartwell First United Methodist Church-Adverse Abandonment and Discontinuance-Hartwell Railroad Company and the Great Walton Railroad Company, Inc., in Hart County, GA

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 85 (May 4, 2017)

Page Range		20958-20959
FR Document		2017-09135
Federal Register, Volume 82 Issue 85 (Thursday, May 4, 2017)
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Notices]
[Pages 20958-20959]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09135]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1242]


Hartwell First United Methodist Church--Adverse Abandonment and 
Discontinuance--Hartwell Railroad Company and the Great Walton Railroad 
Company, Inc., in Hart County, GA

    On April 14, 2017, Hartwell First United Methodist Church (Hartwell 
First or Applicant) filed an application under 49 U.S.C. 10903 
requesting that the Surface Transportation Board (Board) authorize the 
third-party, or adverse, abandonment and discontinuance of 
approximately 0.25 miles of rail line and associated right-of-way (the 
Line) owned by The Great Walton Railroad Company (GWRC). The Line, 
which traverses United States Postal Service Zip Code 30643, extends 
from Athens Street to a stub end at South Forest Avenue in Hartwell, 
Hart County, Ga. It is a portion of a line of railroad, which Hartwell 
First refers to as the Hartwell Line, between Bowersville, Ga., and 
Hartwell.\1\ There are no stations associated with the Line. The 
application is available on the Board's Web site at http://www.stb.gov, 
or a copy can be secured from Hartwell First's counsel, whose name and 
address appear below.
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    \1\ In earlier filings, Hartwell First stated that the Line is 
owned by Hartwell Railroad Company (HRC) and that GWRC has trackage 
rights over it. (See, e.g., Hartwell First Pet. for Waiver 1, May 
26, 2016.) In its application, however, Hartwell First states that, 
based on additional research, it does not appear that HRC has any 
ownership or operating rights with respect to the Line. Hartwell 
First also contends that no carrier (including GWRC and HRC) has 
Board authorization to own or operate the Hartwell Line. In this 
notice, references to GWRC should be read to include HRC to the 
extent appropriate.
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    Hartwell First currently owns property on both sides of the Line 
that it wishes to develop. According to Hartwell First, the Line has 
not been used to provide local rail service since 1996, is largely 
overgrown, and public crossings have been removed and/or closed by the 
Georgia Department of Transportation. Hartwell First states that GWRC 
has entered into a 99-year lease for the Line and adjacent property 
with a local non-profit for development of a park, walking path, and 
farmers' market. Thus, Hartwell First asserts that the Line cannot 
currently be used to conduct rail service even if GWRC wanted to do so. 
Hartwell First states that GWRC has refused to seek abandonment or 
discontinuance authority voluntarily. Accordingly, Hartwell First seeks 
adverse abandonment and discontinuance

[[Page 20959]]

authority, so that it can then seek to quiet title to the Line to the 
extent it bisects Hartwell First's property between Athens Street and 
Webb Street.
    In a decision served in this proceeding on August 29, 2016 (August 
2016 Decision), Hartwell First was granted exemptions from several 
statutory provisions as well as waivers of certain Board regulations at 
49 CFR pt. 1152 that were not relevant to its adverse abandonment 
application or that sought information not available to it. 
Specifically, Hartwell First was granted an exemption from 49 U.S.C. 
10903(c) and waiver of 49 CFR 1152.22(a)(5) pertaining to System 
Diagram Maps; waivers of certain requirements pertaining to the notice 
of intent prescribed at 49 CFR 1152.21; waiver of 49 CFR 1152.20(a)(1) 
to the extent it requires service of the notice on the Board by 
certified letter rather than electronic or other delivery after a 
proceeding has been instituted; waiver of 49 CFR 1152.20(a)(2)(x) that 
notice be served on Amtrak; exemption from 49 U.S.C. 10903(a)(3)(B) 
concerning posting the notice of intent at agency stations or 
terminals; waiver of 49 CFR 1152.22(b)-(e), which require that 
discontinuance and abandonment applications include information 
regarding the condition of properties, service performed, attributable 
revenue and cost data, and rural and community impact; waiver of 49 CFR 
1152.22(i) concerning the wording of the draft Federal Register notice; 
exemption from 49 U.S.C. 10904 and waiver of 49 CFR 1152.27, which 
govern an offer of financial assistance (OFA) to continue common 
carrier rail service; exemption from the public use provisions of 49 
U.S.C. 10905 and waiver of the corresponding regulation at 49 CFR 
1152.28; and waiver of the requirement under 49 CFR 1152.29(e)(2) that 
the abandonment be consummated within one year after the abandonment 
application.
    In the August 2016 Decision, Hartwell First was directed to amend 
certain language in its notice of intent; serve copies of the notice on 
any significant shippers identified by HRC and/or GWRC; serve copies of 
the notice on any duly certified labor organizations identified by HRC 
and/or GWRC as representing their employees; and serve a copy of the 
notice on the U.S. Railroad Retirement Board. Hartwell First has 
complied with these requirements.
    Hartwell First states that the Line does not contain federally 
granted rights-of-way. Any documentation in Hartwell First's possession 
will be made available promptly to those requesting it. Hartwell 
First's entire case-in-chief for adverse abandonment and discontinuance 
was filed with the application.
    The interests of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    Any interested person may file written comments concerning the 
proposed adverse abandonment and discontinuance or protests (including 
protestant's entire opposition case) by May 29, 2017. Persons who may 
oppose the proposed adverse abandonment and discontinuance but who do 
not wish to participate fully in the process by submitting verified 
statements of witnesses containing detailed evidence should file 
comments. Persons opposing the proposed adverse abandonment and 
discontinuance who wish to participate actively and fully in the 
process should file a protest, observing the filing, service, and 
content requirements of 49 CFR 1152.25. Hartwell First's reply is due 
by June 13, 2017.
    Any request for an interim trail use/railbanking condition under 16 
U.S.C. 1247(d) and 49 CFR 1152.29 must be filed by May 29, 2017, and 
should address whether the issuance of a certificate of interim trail 
use in this case would be consistent with the grant of an adverse 
abandonment and discontinuance application. Each trail use request must 
be accompanied by a $300 filing fee. See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to Docket No. AB 
1242 and must be sent to: (1) Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001; (2) Eric M. Hocky, Esq., Clark 
Hill PLC, 2005 Market Street, Suite 1000, Philadelphia, PA 19103, (215) 
640-8500.
    Filings may be submitted either via the Board's e-filing format or 
in the traditional paper format. Any person using e-filing should 
comply with the instructions found on the Board's ``www.stb.gov'' Web 
site, at the ``E-FILING'' link. Any person submitting a filing in the 
traditional paper format should send the original and 10 copies of the 
filing to the Board with a certificate of service. Except as otherwise 
set forth in 49 CFR pt. 1152, every document filed with the Board must 
be served on all parties to this adverse abandonment and discontinuance 
proceeding. 49 CFR 1104.12(a).
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by the Board's Office of Environmental 
Analysis (OEA) will be served upon all parties of record and upon any 
agencies or other persons who commented during its preparation. Any 
other persons who would like to obtain a copy of the EA (or EIS) may 
contact OEA by phone at the number listed below. EAs in these 
abandonment proceedings normally will be made available within 33 days 
of the filing of the application. The deadline for submission of 
comments on the EA will generally be within 30 days of its service. The 
comments received will be addressed in the Board's decision. A 
supplemental EA or EIS may be issued where appropriate.
    Persons seeking further information concerning abandonment and 
discontinuance procedures may contact the Board's Office of Public 
Assistance, Governmental Affairs and Compliance at (202) 245-0238 or 
refer to the full abandonment/discontinuance regulations at 49 CFR pt. 
1152. Questions concerning environmental issues may be directed to OEA 
at (202) 245-0305. Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''

    Decided: May 1, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-09135 Filed 5-3-17; 8:45 am]
 BILLING CODE 4915-01-P
Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices 20959

authority, so that it can then seek to for adverse abandonment and Office of Environmental Analysis (OEA)
quiet title to the Line to the extent it discontinuance was filed with the will be served upon all parties of record
bisects Hartwell First’s property application. and upon any agencies or other persons
between Athens Street and Webb Street. The interests of railroad employees who commented during its preparation.
In a decision served in this will be protected by the conditions set Any other persons who would like to
proceeding on August 29, 2016 (August forth in Oregon Short Line Railroad— obtain a copy of the EA (or EIS) may
2016 Decision), Hartwell First was Abandonment Portion Goshen Branch contact OEA by phone at the number
granted exemptions from several Between Firth & Ammon, in Bingham & listed below. EAs in these abandonment
statutory provisions as well as waivers Bonneville Counties, Idaho, 360 I.C.C. proceedings normally will be made
of certain Board regulations at 49 CFR 91 (1979). available within 33 days of the filing of
pt. 1152 that were not relevant to its Any interested person may file the application. The deadline for
adverse abandonment application or written comments concerning the submission of comments on the EA will
that sought information not available to proposed adverse abandonment and generally be within 30 days of its
it. Specifically, Hartwell First was discontinuance or protests (including service. The comments received will be
granted an exemption from 49 U.S.C. protestant’s entire opposition case) by addressed in the Board’s decision. A
10903(c) and waiver of 49 CFR May 29, 2017. Persons who may oppose supplemental EA or EIS may be issued
1152.22(a)(5) pertaining to System the proposed adverse abandonment and where appropriate.
Diagram Maps; waivers of certain discontinuance but who do not wish to Persons seeking further information
requirements pertaining to the notice of participate fully in the process by concerning abandonment and
intent prescribed at 49 CFR 1152.21; submitting verified statements of discontinuance procedures may contact
waiver of 49 CFR 1152.20(a)(1) to the witnesses containing detailed evidence the Board’s Office of Public Assistance,
extent it requires service of the notice should file comments. Persons opposing Governmental Affairs and Compliance
on the Board by certified letter rather the proposed adverse abandonment and at (202) 245–0238 or refer to the full
than electronic or other delivery after a discontinuance who wish to participate abandonment/discontinuance
proceeding has been instituted; waiver actively and fully in the process should regulations at 49 CFR pt. 1152.
of 49 CFR 1152.20(a)(2)(x) that notice be file a protest, observing the filing, Questions concerning environmental
served on Amtrak; exemption from 49 service, and content requirements of 49 issues may be directed to OEA at (202)
U.S.C. 10903(a)(3)(B) concerning CFR 1152.25. Hartwell First’s reply is 245–0305. Assistance for the hearing
posting the notice of intent at agency due by June 13, 2017. impaired is available through the
stations or terminals; waiver of 49 CFR Any request for an interim trail use/
Federal Information Relay Service
1152.22(b)–(e), which require that railbanking condition under 16 U.S.C.
(FIRS) at 1–800–877–8339.
discontinuance and abandonment 1247(d) and 49 CFR 1152.29 must be
Board decisions and notices are
applications include information filed by May 29, 2017, and should
available on our Web site at
regarding the condition of properties, address whether the issuance of a
‘‘WWW.STB.GOV.’’
service performed, attributable revenue certificate of interim trail use in this
and cost data, and rural and community case would be consistent with the grant Decided: May 1, 2017.
impact; waiver of 49 CFR 1152.22(i) of an adverse abandonment and By the Board, Rachel D. Campbell,
concerning the wording of the draft discontinuance application. Each trail Director, Office of Proceedings.
Federal Register notice; exemption from use request must be accompanied by a Jeffrey Herzig,
49 U.S.C. 10904 and waiver of 49 CFR $300 filing fee. See 49 CFR Clearance Clerk.
1152.27, which govern an offer of 1002.2(f)(27). [FR Doc. 2017–09135 Filed 5–3–17; 8:45 am]
financial assistance (OFA) to continue All filings in response to this notice BILLING CODE 4915–01–P
common carrier rail service; exemption must refer to Docket No. AB 1242 and
from the public use provisions of 49 must be sent to: (1) Surface
U.S.C. 10905 and waiver of the Transportation Board, 395 E Street SW.,
corresponding regulation at 49 CFR Washington, DC 20423–0001; (2) Eric M. DEPARTMENT OF TRANSPORTATION
1152.28; and waiver of the requirement Hocky, Esq., Clark Hill PLC, 2005
under 49 CFR 1152.29(e)(2) that the Market Street, Suite 1000, Philadelphia, Federal Motor Carrier Safety
abandonment be consummated within PA 19103, (215) 640–8500. Administration
one year after the abandonment Filings may be submitted either via
[Docket No. FMCSA–2014–0383]
application. the Board’s e-filing format or in the
In the August 2016 Decision, Hartwell traditional paper format. Any person Qualification of Drivers; Exemption
First was directed to amend certain using e-filing should comply with the Applications; Hearing
language in its notice of intent; serve instructions found on the Board’s
copies of the notice on any significant ‘‘www.stb.gov’’ Web site, at the ‘‘E– AGENCY: Federal Motor Carrier Safety
shippers identified by HRC and/or FILING’’ link. Any person submitting a Administration (FMCSA), DOT.
GWRC; serve copies of the notice on any filing in the traditional paper format ACTION: Notice of renewal of
duly certified labor organizations should send the original and 10 copies exemptions; request for comments.
identified by HRC and/or GWRC as of the filing to the Board with a
representing their employees; and serve certificate of service. Except as SUMMARY: FMCSA announces its
a copy of the notice on the U.S. Railroad otherwise set forth in 49 CFR pt. 1152, decision to renew exemptions for 9
pmangrum on DSK3GDR082PROD with NOTICES

Retirement Board. Hartwell First has every document filed with the Board individuals from the hearing
complied with these requirements. must be served on all parties to this requirement in the Federal Motor
Hartwell First states that the Line adverse abandonment and Carrier Safety Regulations (FMCSRs) for
does not contain federally granted discontinuance proceeding. 49 CFR interstate commercial motor vehicle
rights-of-way. Any documentation in 1104.12(a). (CMV) drivers. The exemptions enable
Hartwell First’s possession will be made An environmental assessment (EA) (or these hard of hearing and deaf
available promptly to those requesting environmental impact statement (EIS), if individuals to continue to operate CMVs
it. Hartwell First’s entire case-in-chief necessary) prepared by the Board’s in interstate commerce.

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Document Created: 2017-05-04 01:49:02
Document Modified: 2017-05-04 01:49:02
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		82 FR 20958