[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Notices]
[Page 40780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11267]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 273X)]


The Alabama Great Southern Railroad Company--Discontinuance of 
Service Exemption--in Saint Bernard Parish, LA

    The Alabama Great Southern Railroad Company (AGS), a wholly owned 
subsidiary of Norfolk Southern Railway Company (NSR), has filed a 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments 
and Discontinuances of Service to discontinue service over a 4.50-mile 
line of railroad, between milepost 0.00 PT, at Poydras Junction, and 
milepost 4.50 PT, at Toca, in Saint Bernard Parish, LA. The line 
traverses United States Postal Service Zip Code 70085.
    AGS has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has moved over the 
line for at least 2 years, and that overhead traffic, if there were 
any, could be rerouted over other lines; (3) no formal complaint filed 
by a user of rail service on the line (or by a state or local 
government entity acting on behalf of such user) regarding cessation of 
service over the line either is pending with the Surface Transportation 
Board (Board) or with any U.S. District Court or has been decided in 
favor of complainant within the 2-year period; and (4) the requirements 
at 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) 
(notice to governmental agencies) have been met.\1\
---------------------------------------------------------------------------

    \1\ Because this is a discontinuance of service proceedingand 
not an abandonment, the proceeding is exempt from the requirements 
of 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic 
reports), and 49 CFR 1105.11 (transmittal letter).
---------------------------------------------------------------------------

    As a condition to this exemption, any employee adversely affected 
by the discontinuance shall be protected under Oregon Short Line R. 
Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this 
condition adequately protects affected employees, a petition for 
partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on August 17, 2006,\2\ unless stayed pending reconsideration. 
Petitions to stay and formal expressions of intent to file an OFA under 
49 CFR 1152.27(c)(2),\3\ must be filed by July 28, 2006. Petitions to 
reopen must be filed by August 7, 2006, with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ Because this is a discontinuance proceeding, trailuse/rail 
banking and public use conditions are not applicable.
    \3\ Each OFA must be accompanied by the filing fee, whichwas 
increased to $1,300 effective on April 19, 2006. See Regulations 
Governing Fees for Services Performed in Connection with Licensing 
and Related Services--2006 Update, STB Ex Parte No. 542 (Sub-No. 13) 
(STB served Mar. 20, 2006).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: James R. Paschall, Senior General Attorney, 
The Alabama Great Southern Railroad Company, Three Commercial Place, 
Norfolk, VA 23510.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: July 11, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-11267 Filed 7-17-06; 8:45 am]
BILLING CODE 4915-01-P