[Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
[Notices]
[Page 67364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31404]



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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-33 (Sub-No. 70)]


Union Pacific Railroad Company--Abandonment--Wallace Branch, ID

AGENCY: Interstate Commerce Commission.

ACTION: Request for comments.

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SUMMARY: The Rails to Trails Conservancy (RTC) seeks the immediate 
issuance of a certificate of interim trail use (CITU) under section 
8(d) of the National Trails System Act, 16 U.S.C. 1247(d) (Trails Act), 
for a 71.5-mile rail line of Union Pacific Railroad Company (UP) 
between milepost 16.5, near Plummer, and milepost 7.6, near Mullan, via 
milepost 80.4/0.0, near Wallace, in Benewah, Kootenai, and Shoshone 
Counties, ID. This notice is to request comments from all interested 
parties, agencies, and members of the public as to whether there is any 
impediment to the issuance of Trails Act authority in the unusual 
circumstances of this case.
    In Union Pacific RR. Co.--Aband.--Wallace Branch, ID, 9 I.C.C.2d 
325 (1992), 9 I.C.C.2d 377 (1992), and 9 I.C.C.2d 446 (1993), the 
Commission granted UP's application to abandon this line, subject to 
various conditions. Specifically, the Commission allowed UP to 
discontinue service on the line, but provided that the carrier could 
not fully abandon the line (i.e., salvage the line and give up the 
right-of-way) until the environmental impacts of those actions are 
fully addressed and resolved. A request for a CITU was filed in 1992, 
but it was not acted on because an offer of financial assistance (OFA) 
under 49 U.S.C. 10905 was filed to acquire the line for continued rail 
service. The OFA process, however, terminated without a sale agreement 
or a request to the agency to set terms.
    On judicial review of the abandonment decision, the United States 
Court of Appeals for the District of Columbia Circuit affirmed in part 
and reversed in part. State of Idaho et al. v. ICC, 35 F.3d 585 (D.C. 
Cir. 1994). As pertinent here, the court affirmed the Commission's 
decision to permit UP to discontinue rail operations on the line. But 
the court concluded that the Commission had attempted to delegate away 
too much of its responsibility to look at the potential environmental 
impacts of salvage activity and accordingly remanded the conditional 
salvage authorization.
    By decision served December 2, 1994, the Commission reopened the 
abandonment proceeding. The Commission's decision vacated the 
conditional authorization of salvage activity here, except for the 
portion of the line within a ``Superfund'' site, where section 
121(e)(1), 42 U.S.C. 962(e)(1), relieves UP of the requirement to 
obtain permission from the Commission if it does so in compliance with 
the Comprehensive Environmental Response Compensation and Liability 
Act. The decision also clarified that UP may not engage in any other 
salvage activity on this line until it has complied with the six 
environmental conditions previously imposed by the agency (under 
Commission supervision) and appropriate environmental documentation is 
prepared taking a final look at the environmental impacts of salvage 
followed by a determination as to whether the economic benefits of 
salvage outweigh the potential environmental harm.
    Following the issuance of that decision, RTC, in August 1995, 
requested the immediate issuance of a CITU to permit trail use under 
section 8(d) on the entire 71.5-mile right-of-way, including the 
portion of the line within the Superfund site. RTC submitted the 
statement of willingness to assume financial responsibility and 
liability for the right-of-way required by the Commission's Trails Act 
rules and agreed to rail banking. UP stated that it is willing to 
negotiate with RTC. In addition, the railroad, in view of the 
outstanding environmental conditions imposed in this case, stated that 
if there is an agreement in principle between UP and RTC or any other 
group for trail use or other use of this right-of-way, it would request 
Commission approval of that use prior to execution of any written 
agreement between the parties.
    Given the unusual circumstances of this case, we request comments 
from all interested parties, agencies, and members of the public as to 
whether there are any impediments to the issuance of Trails Act 
authority here.

DATES: Comments are due by January 29, 1996.

ADDRESSES: An original and 10 copies of all comments, referring to 
Docket No. AB-33 (Sub-No. 70), should be filed with the Office of the 
Secretary, Case Control Branch, Interstate Commerce Commission, 1201 
Constitution Avenue NW, Washington, DC 20423.<SUP>1 In addition, a copy 
of all comments must be served on all parties of record.

    \1\  Legislation to sunset the Commission on December 31, 1995, 
and transfer remaining functions is now under consideration in 
Congress. Until further notice, parties submitting pleadings should 
continue to use the current name and address.
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FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-5660. 
[Assistance for the hearing-impaired is available through TDD at (202) 
927-5721.]

    Decided: December 22, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-31404 Filed 12-28-95; 8:45 am]
BILLING CODE 7035-01-P