[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Notices]
[Page 68830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28757]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1089X]


Mississippi & Skuna Valley Railroad, LLC--Abandonment Exemption--
in Yalobusha and Calhoun Counties, MS

    On October 18, 2011, Mississippi & Skuna Valley Railroad, LLC (MSV) 
filed with the Surface Transportation Board (Board) a petition under 49 
U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to 
abandon its entire 21-mile rail line extending between milepost 21.0 at 
Bruce Junction, and milepost 0.0 at Bruce, in Yalobusha and Calhoun 
Counties, Miss.\1\ The line traverses United States Postal Service Zip 
Codes 38915 and 38922, and includes the stations of Bruce Junction 
(milepost 21.0) and Bruce (milepost 0.0).
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    \1\ MSV acquired the line in November 2010. See Miss. & Skuna 
Valley R.R. LLC-Acq. & Operation Exemp.-Miss. & Skuna Valley R.R., 
FD 35429 (STB served Nov. 5, 2010). MSV states that no traffic was 
moving over the line at the time it was acquired from the 
Mississippi & Skuna Valley Railroad Company (MSVR), and before that 
no traffic had moved over the line since April 17, 2008.
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    MSV states that, based on information in its possession, the line 
does contain federally granted rights-of-way. Any documentation in 
MSV's possession will be made available promptly to those requesting 
it.
    Where, as here, the carrier is abandoning its entire line, the 
Board generally does not impose labor protection under 49 U.S.C. 
10502(g), unless the evidence indicates the existence of: (1) A 
corporate affiliate that will continue substantially similar rail 
operations; or (2) a corporate parent that will realize substantial 
financial benefits over and above relief from the burden of deficit 
operations by its subsidiary railroad. See Honey Creek R.R.-Aban. 
Exemp.-in Henry Cnty., Ind., AB 865X (STB served Aug. 20, 2004); 
Wellsville, Addison & Galeton R.R.-Aban. of Entire Line in Potter & 
Tioga Cntys., Pa., 354 I.C.C. 744 (1978); and Northampton & Bath R.R.-
Aban. near Northampton and Bath Junction, in Northampton Cnty., Pa., 
354 I.C.C. 784 (1978). Therefore, if the Board grants the petition for 
exemption, in the absence of a showing of one or more of these 
exceptions, labor protective conditions will not be imposed. The Board 
will consider and address comments on the petition, including comments 
regarding labor protection, in its final decision on the merits.
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by February 3, 2012.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
the petition for exemption. Each OFA must be accompanied by a $1,500 
filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than November 28, 2011. Each trail 
use request must be accompanied by a $250 filing fee. See 49 CFR 
1002.2(f)(27).
    All filings in response to this notice must refer to Docket No. AB 
1089X, and must be sent to: (1) Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001; and (2) Melanie B. Yasbin, 600 
Baltimore Ave., Suite 301, Towson, MD 21204. Replies to the petition 
are due on or before November 28, 2011.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full abandonment or discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to the 
Board's Office of Environmental Analysis (OEA) at (202) 245-0305. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-(800) 877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA generally will be within 
30 days of its service.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 2, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-28757 Filed 11-4-11; 8:45 am]
BILLING CODE 4915-01-P