[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Notices]
[Page 66196]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29638]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1051X]


Gloster Southern Railroad Company LLC--Discontinuance of Service 
Exemption--in Amite and Wilkinson Counties, MS and East Feliciana 
Parish, LA

    Gloster Southern Railroad Company LLC (GLSR) has filed a verified 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments 
and Discontinuances of Service to discontinue service over a 32.7-mile 
line of railroad between milepost 0.0, at Slaughter, LA, and milepost 
32.7, at Gloster, MS, in East Feliciana Parish, LA, and Wilkinson and 
Amite Counties, MS. The line traverses United States Postal Service Zip 
Codes 39631, 39638, 70730, 70761, and 70777.
    GLSR has certified that: (1) No traffic has moved over the line for 
at least 2 years; (2) any overhead traffic can 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 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.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service 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 January 13, 2010,\1\ unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues and formal expressions of intent to file an OFA for continued 
rail service under 49 CFR 1152.27(c)(2),\2\ must be filed by December 
24, 2009.\3\ Petitions to reopen must be filed by January 5, 2010, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
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    \1\ GLSR submitted its original notice of exemption on October 
27, 2009, without an affidavit certifying newspaper publication as 
required under 49 CFR 1105.12. On November 24, 2009, GLSR filed such 
an affidavit. Accordingly, the file date for this notice of 
exemption is November 24, 2009.
    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
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    A copy of any petition filed with the Board should be sent to 
GLSR's representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1920 N 
Street, NW. (8th floor), Washington, DC 20036.
    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: 
http://www.stb.dot.gov.

    Decided: December 8, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-29638 Filed 12-11-09; 8:45 am]
BILLING CODE 4915-01-P