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###### Department of Transportation

###### Surface Transportation Board 

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

# AGENCY:

Surface Transportation Board, DOT. 

# ACTION:

Notice of decision. 

# 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. 

# DATES:

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

# FOR FURTHER INFORMATION CONTACT:

Leonard J. Blistein, (202) 565-1529. (Federal Information Relay Service (FIRS) for the hearing impaired: 1 (800) 877-8339). 

# SUPPLEMENTARY 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 Capital—2004,*                     STB Ex Parte No. 558 (Sub-No. 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 202-306-4004 (assistance for the hearing impaired is available through FIRS at 1-800-877-8339), or by e-mail 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. 
      ( print page 70919)    
By the Board, Chairman Nober, Vice Chairman Buttrey, and Commissioner Mulvey. 

Vernon A. Williams,

Secretary. 

[FR Doc. 05-23259 Filed 11-22-05; 8:45 am] 

BILLING CODE 4915-01-P