[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
[Notices]
[Page 11680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6828]



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DEPARTMENT OF TRANSPORTATION
[Docket No. AB-33 (Sub-No. 70)]


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

AGENCY: Surface Transportation Board, DOT.

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the Act), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions to the Surface 
Transportation Board (Board). This notice relates to functions that 
are subject to Board jurisdiction pursuant to 49 U.S.C. 10903.
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ACTION: Extension of comment filing period.

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SUMMARY: The Rails to Trails Conservancy seeks the issuance of a 
certificate of interim trail use under section 8(d) of the National 
Trails System Act, 16 U.S.C. 1247(d), for a 71.5-mile rail line of 
Union Pacific Railroad Company 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. The ICC issued a notice 
on December 29, 1995 (60 FR 67364) 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. Comments were originally due on 
January 29, 1996. At the request of the Environmental and Natural 
Resources Division of the United States Department of Justice (DOJ), 
acting on behalf of the Departments of Interior and Agriculture, the 
Board extended the comment period for 45 days to March 14, 1996.

    DOJ now requests an additional 6 month period within which to file 
its comments in order to conduct a natural resource damages assessment. 
Further, DOJ states that the assessment must consider not only the 
environmental but also the potential human health effects of bringing 
recreators into the area. DOJ states that the Coeur d'Alene Tribe 
supports the extension and that the Union Pacific Railroad Company will 
not oppose it. The Rails-to-Trails Conservancy opposes any extension.
    While the Board supports the pursuit of negotiated resolutions, the 
Board does not favor granting lengthy extensions of time in established 
procedural schedules, especially where, as here, a prior extension has 
been granted. The Board will grant a 2 month extension of the comment 
period until May 14, 1996. DOJ is directed to report to the Board by 
May 1, 1996 on the status of its efforts to negotiate settlement of 
certain issues.

DATES: The report is due by May 1, 1996 and comments are due by May 14, 
1996.

ADDRESSES: An original and 10 copies of the report and all comments, 
referring to Docket No. AB-33 (Sub-No. 70), should be filed with the 
Office of the Secretary, Case Control Branch, Surface Transportation 
Board, 1201 Constitution Avenue, N.W., Washington, DC 20423. In 
addition, a copy of the report and all comments must be served on all 
parties of record.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-5660. 
[Assistance for the hearing impaired is available through TDD at (202) 
927-5721.]

    Decided: March 14, 1996.
    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-6828 Filed 3-20-96; 8:45 am]
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