federal_register: 95-31404
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| 95-31404 | Union Pacific Railroad CompanyAbandonmentWallace Branch, ID | Notice | 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. | 1995-12-29 | 1995 | 12 | https://www.federalregister.gov/documents/1995/12/29/95-31404/union-pacific-railroad-companyabandonmentwallace-branch-id | https://www.govinfo.gov/content/pkg/FR-1995-12-29/pdf/95-31404.pdf | Interstate Commerce Commission | 543 | 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... |