[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Notices]
[Page 59394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20442]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-314 (Sub-No. 3X)]


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

    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.
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    \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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    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.
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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.
    \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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    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.

    Decided: October 5, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-20442 Filed 10-11-05; 8:45 am]
BILLING CODE 4915-01-P