[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Notices]
[Pages 34393-34394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14025]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35756]


Hartwell Railroad Company--Construction of Connecting Track 
Exemption--in Elbert County, Ga.

    Hartwell Railroad Company (Hartwell), a Class III railroad, has 
filed a verified notice of exemption under 49 CFR 1150.36 to construct 
approximately 1,360 feet of connecting track in Elbert County, Ga. (the 
Line), on land within existing railroad rights-of-way either owned by 
Hartwell or CSX Transportation, Inc. (CSXT). Hartwell is the proposed 
operator.
    In 1995, Hartwell acquired approximately 48.3 miles of rail line 
from Norfolk Southern Railway Company (NSR) between Toccoa (milepost P 
0.5) and Elberton (milepost 48.80), in Elbert, Franklin, Hart, and 
Stephens Counties, Ga.\1\ At the time of the acquisition, Hartwell 
interchanged traffic with NSR at Toccoa on the west end of the Toccoa-
Elberton Line. However, NSR retained about 1.9 miles of rail line 
between mileposts P 48.5 and P 50.4 that connected to the east end of 
the Toccoa-Elberton Line, which segment had been used to effect 
interchange with CSXT. NSR subsequently abandoned that segment.\2\ 
Consequently, the abandonment severed Hartwell's close access to 
interchange with CSXT at Elberton, requiring Hartwell to interchange 
solely with NSR at Toccoa (where access to CSXT was 60 miles to the 
northeast and about 37 miles to the southwest).
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    \1\ See Hartwell R.R.--Acquis. & Oper. Exemption--Line of 
Norfolk S. Ry., FD 32675 (ICC served Mar. 31, 1995).
    \2\ See Norfolk S. Ry.--Aban. Exemption--in Elberton, Ga., AB 
290 (Sub-No. 158X) (ICC served Apr. 11, 1995).
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    Hartwell seeks to construct the Line to be able to re-establish an 
interchange between itself and CSXT at Elberton, located on CSXT's main 
line between Atlanta, Ga., and Greenwood, S.C. Hartwell states that the 
construction and operation of the Line will permit it to offer 
competitive alternatives to existing and future shippers on the Toccoa-
Elberton Line. Hartwell adds that its customers will also benefit from 
the ability to use single-line service offered by CSXT to: (1) Reach 
points served by CSXT that NSR does not serve; and (2) eliminate the 
inefficiency that would otherwise involve three carriers (Hartwell, 
NSR, and CSXT) instead of two (Hartwell and CSXT) to reach points 
served solely by CSXT. Hartwell expects to handle one train per day in

[[Page 34394]]

each direction over the new connection with CSXT.
    In addition, Hartwell states that CSXT will construct a connection 
between the Line and the Atlanta-Greenwood Line in its right-of-way, 
and that Hartwell and CSXT have agreed to enter into an interchange 
agreement.
    Construction is proposed to begin no earlier than 90 days after the 
filing of this notice of exemption.
    Hartwell has certified that it has complied with the Board's 
environmental rules at 49 CFR 1105 and with the pre-filing notice 
requirements at 49 CFR 1150.36(c)(1).
    Pursuant to 49 CFR 1150.36(d), Hartwell states that it has engaged 
the services of a third-party consultant who has been approved by the 
Board's Office of Environmental Analysis (OEA) and is acting under 
OEA's direction and supervision in the preparation of an Environmental 
Analysis (EA). Hartwell further states that the EA is nearing 
completion and is anticipated to be completed within the deadline 
contemplated by 49 CFR 1150.36.
    Under 49 CFR 1150.36(c)(3), OEA will generally issue an EA 15 days 
after publication of the notice of exemption in the Federal Register 
(here by July 1, 2014). However, under 49 CFR 1150.36(c)(10), a stay of 
the effective date may be issued if an informed decision on 
environmental issues cannot be made prior to August 25, 2014.\3\ 
Interested persons may obtain a copy of the EA by writing to OEA (Room 
1100, Surface Transportation Board, Washington, DC 20423-0001) or by 
calling OEA, at (202) 245-0304. [Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.] Comments on environmental and historic preservation 
matters must be filed within 30 days after the EA becomes available to 
the public.
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    \3\ See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 
(1989).
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    Upon completion of the environmental review, the Board will issue a 
decision addressing those matters and making the exemption effective at 
that time, if appropriate, subject to any necessary conditions, thereby 
allowing construction to begin.
    This exemption will be effective on August 25, 2014, unless stayed. 
Petitions to stay that do not involve environmental issues must be 
filed by June 26, 2014. Petitions for reconsideration must be filed by 
July 7, 2014.
    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 transaction.
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35756, 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 Matthew D. Williams, 2215 Pilgrim Mill 
Circle, Cumming, GA 30041.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: June 11, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014-14025 Filed 6-13-14; 8:45 am]
BILLING CODE 4915-01-P