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)

[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