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Notice

Chicago, Central & Pacific Railroad Company'Abandonment Exemption'in Linn County, IA

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Chicago, Central & Pacific Railroad Company (CC&P) has filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon a 0.79-mile line of railroad, the North Cedar Rapids Spur, extending from milepost 87.74 at 16th Street, NE., to milepost 88.53 near 20th Street NE., at the end of the track, in Cedar Rapids, Linn County, IA. The line traverses United States Postal Service Zip Code 52402.

CC&P has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic formerly handled on the line 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 Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period;[1] and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 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 abandonment 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 November 11, 2005, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,[2] formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),[3] and trail use/rail banking requests under 49 CFR 1152.29 must be filed by October 21, 2005. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by November 1, 2005, with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.

A copy of any petition filed with the Board should be sent to CC&P's representative: Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832.

If the verified notice contains false or misleading information, the exemption is void ab initio.

CC&P has filed an environmental/historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by October 17, 2005. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) or by calling SEA, at (202) 565-1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public.

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 CFR 1152.29(e)(2), CC&P 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 CC&P's filing of a notice of consummation by October 12, 2006, 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 Web site at http://www.stb.dot.gov.

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Decided: October 5, 2005.

By the Board, David M. Konschnik, Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

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Footnotes

1.  CC&P states that a portion of the North Cedar Rapids Spur is immediately adjacent to the industrial facilities of Cedarapids, Inc. (Cedarapids). In 2002, Cedarapids initiated litigation in state court, which was later removed to federal court, with CC&P regarding use of and title to the adjacent portion of the North Cedar Rapids Spur right-of-way. See Cedarapids, Inc. v. Chicago, Central & Pac. R. Co., 265 F. Supp.2d 1005 (N.D. Iowa 2003). As part of a settlement of that litigation, the parties agreed that CC&P would abandon the North Cedar Rapids Spur and transfer the subject right-of-way to Cedarapids. The settlement is conditioned upon Board approval or exemption of the abandonment.

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2.  The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Service 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.

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3.  Each OFA must be accompanied by the filing fee, which currently is set at $1,200. See 49 CFR 1002.2(f)(25).

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[FR Doc. 05-20442 Filed 10-11-05; 8:45 am]

BILLING CODE 4915-01-P