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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

STB ID: [STB Ex Parte No. 552 (Sub-No. 9)]

NOTICE: NOTICES

ACTION: Rail carriers:

DOCUMENT ACTION: Notice of decision.

SUBJECT CATEGORY: Railroad Revenue Adequacy--2004 Determination

DATES: Effective Date: This decision is effective November 23, 2005.

DOCUMENT SUMMARY: On November 23, 2005, the Board served a decision announcing the 2004 revenue adequacy determinations for the Nation's Class I railroads. One carrier, Norfolk Southern Railway Company, is found to be revenue adequate.

SUMMARY: Railroad revenue adequacy determinations; Class I railroads; 2004 determination,

SUPPLEMENTAL INFORMATION

The Board is required to make an annual determination of railroad revenue adequacy. A railroad is considered revenue adequate under 49 U.S.C. 10704(a) if it achieves a rate of return on net investment equal to at least the current cost of capital for the railroad industry for 2004, determined to be 10.1% in Railroad Cost of Capital2004, STB Ex Parte No. 558 (SubNo. 8) (STB served June 30, 2005). This revenue adequacy standard was applied to each Class I railroad, and one carrier was found to be revenue adequate for 2004.

The Board's decision is posted on the Board's Web site, http://www.stb.dot.gov. In addition, copies of the decision may be purchased
from ASAP Document Solutions by calling 2023064004 (assistance for the hearing impaired is available through FIRS at 18008778339), or by email at asapdc@verizon.net. Environmental and Energy Considerations

This action will not significantly affect either the quality of the human environment or the conservation of energy resources.

Regulatory Flexibility Analysis

Pursuant to 5 U.S.C. 603(b), we conclude that our action in this proceeding will not have a significant economic impact on a substantial number of small entities. The purpose and effect of the action is merely to update the annual railroad industry revenue adequacy finding. No new reporting or other regulatory requirements are imposed, directly or indirectly, on small entities.

Decided: November 17, 2005.

[[Page 70919]]

By the Board, Chairman Nober, Vice Chairman Buttrey, and Commissioner Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. 0523259 Filed 112205; 8:45 am]
BILLING CODE 491501P

FOR FURTHER INFORMATION CONTACT Leonard J. Blistein, (202) 565-1529. (Federal Information Relay Service (FIRS) for the hearing impaired: 1 (800) 8778339).