|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|DELTA SOUTHERN RAILROAD, INC.--ABANDONMENT EXEMPTION--IN EAST CARROLL PARISH, LA|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT DELTA SOUTHERN RAILROAD, INC. FILED AN NOTICE OF EXEMPTION TO ABANDON 8 MILES OF RAIL LINE IN EAST CARROLL PARISH, LA.|
| 12 KB|
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|Full Text of Decision|
41248 SERVICE DATE – NOVEMBER 29, 2010
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 384 (Sub-No. 2X)]
Delta Southern Railroad, Inc.—Abandonment Exemption—In East Carroll Parish, La.
Delta Southern Railroad, Inc. (DSR) filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments to abandon 8 miles of rail line extending from milepost 463.0, near Shelburn, to milepost 471.0, which is approximately a mile south of Lake Providence, in East Carroll Parish, La. The line traverses United States Postal Service Zip Code 71254.
DSR has certified that: (1) no local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line to be rerouted; (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 C.F.R. § 1105.7(c) (environmental report), 49 C.F.R. § 1105.11 (transmittal letter), 49 C.F.R. § 1105.12 (newspaper publication), and 49 C.F.R. § 1152.50(d)(1) (notice to governmental agencies) have been met.
As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 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 December 29, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, formal expressions of intent to file an OFA under 49 C.F.R. § 1152.27(c)(2), and trail use/rail banking requests under 49 C.F.R. § 1152.29 must be filed by December 9, 2010. Petitions to reopen or requests for public use conditions under 49 C.F.R. § 1152.28 must be filed by December 20, 2010, with the Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001.
A copy of any petition filed with the Board should be sent to DSR’s representative: Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604-1112.
If the verified notice contains false or misleading information, the exemption is void ab initio.
has filed a combined
environmental and historic report which addresses the effects, if any, of the
abandonment on the environment and historic resources. OEA will issue an environmental assessment
(EA) by December 3, 2010.
Interested persons may obtain a copy of the EA by writing to OEA (Room
1100, Surface Transportation Board,
Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision.
Pursuant to the provisions of 49 C.F.R. § 1152.29(e)(2), DSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by DSR’s filing of a notice of consummation by November 29, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: November 22, 2010.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date.
 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 C.F.R. § 1002.2(f)(25).