Adoption of Environmental Impact Statement, Participation in a Section 106 Programmatic Agreement, and Notice of Availability of Section 4(f)/303 Statement, 47862-47863 [E6-13531]
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47862
Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Notices
from the planned Loop 49 West/IH 20
interchange to connect with the existing
U.S. 69 north of the City of Lindale, a
roadway distance of approximately 5–6
miles.
The proposed Lindale Reliever Route
would serve as a connector between
Loop 49 and U.S. 69 and address safety,
mobility, connectivity and capacity
needs.
Alternatives under consideration
include (1) taking no action (the nobuild alternative), (2) constructing a
proposed Lindale Reliever Route facility
built to current highway standards, and
(3) improvements to existing highways.
The proposed facility will be evaluated
as a toll road project. A Feasibility
Study prepared in 2001 evaluated four
corridor alternatives along new location
right-of-way and a No-Build alternative,
resulting in the identification of a
recommended study corridor.
Subsequent public involvement
opportunities have identified additional
study corridors. Evaluation of a
reasonable number of alignment
alternatives will be documented in the
EIS, as well as the no-build and existing
highway improvement alternatives,
based on input from federal, state, and
local agencies, as well as private
organizations and concerned citizens.
The EIS will evaluate potential
impacts from construction and
operation of the proposed roadway
including, but not limited to, the
following: Impacts to residences and
businesses, including potential
relocations and displacements;
transportation impacts (construction
detours, construction traffic, and
mobility improvement); air and noise
impacts from construction equipment
and operation of the roadway; social
and economic impacts; impacts to
cultural resources; water quality
impacts from construction and roadway
runoff; impacts related to tolling; and
impacts to waters of the U.S. including
wetlands from right-of-way
encroachment.
Correspondence describing the
proposed project and soliciting
comments will be sent to appropriate
federal, state, and local agencies, and to
private organizations and citizens who
have previously expressed interest in
the proposal. TxDOT completed a
Feasibility Study for the project in May
2001. In conjunction with the
Feasibility Study, TxDOT developed a
steering committee, provided project
information at two public meetings, and
met with interested stakeholders. An
agency scoping meeting is anticipated to
be held by TxDOT in September 2006 to
coordinate and solicit agency
representatives’ input on project plans
VerDate Aug<31>2005
18:35 Aug 17, 2006
Jkt 208001
including the purpose and need and the
range of alternatives, introduce project
team members, obtain comments
pertaining to the scope of the EIS,
identify important issues, set goals,
develop project schedule, and respond
to questions. A continuing public
involvement program will include a
project mailing list, project newsletters,
a public scoping meeting (public notice
will be given of the time and place), and
numerous informal meetings with
interested citizens and stakeholders. In
addition, a public hearing will be held
after the publication of the Draft EIS.
Public notice will be given of the time
and place of the hearing. The Draft EIS
will be available for public and agency
review and comment prior to the public
hearing.
To ensure that the full range of issues
related to this proposed action are
addressed and all significant issues
identified, comments and suggestions
are invited from all interested parties.
Comments or questions concerning this
proposed action and the EIS should be
directed to the FHWA at the address
provided above.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Research
Planning and Construction. The regulations
implementing Executive Order 12373
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Donald E. Davis,
District Engineer.
[FR Doc. 06–7012 Filed 8–17–06; 8:45 am]
BILLING CODE 4910–22–M
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Adoption of Environmental Impact
Statement, Participation in a Section
106 Programmatic Agreement, and
Notice of Availability of Section 4(f)/
303 Statement
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Adoption and Recirculation of
Final Environmental Impact Statement
and Final Supplemental Environmental
Impact Statement; Participation as a
Concurring Party to a Section 106
Programmatic Agreement; and Notice of
Availability of a Draft Section 4(f)/303
Statement.
AGENCY:
SUMMARY: FRA is issuing this notice to
advise the public and interested
agencies that FRA has decided to adopt
the Environmental Impact Statement
(EIS) and Supplemental Environmental
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Fmt 4703
Sfmt 4703
Impact Statement (SEIS) issued by the
Surface Transportation Board (STB) for
construction and operation of a new rail
line and related improvements by the
Dakota, Minnesota and Eastern Railroad
Corporation (DM&E). Under applicable
regulations, FRA is allowed to adopt
and recirculate the STB’s Final EIS and
Final SEIS as its own, since FRA’s
proposed action is substantially the
same as the action covered by the STB’s
EISs. The FRA further announces the
availability of a draft Section 4(f)/303
Statement prepared for the Project by
the FRA pursuant to Section 4(f) of the
Department of Transportation Act (49
U.S.C. § 303(c)). The draft Section 4(f)/
303 Statement and STB’s EISs are
available and comments may be
submitted as indicated below.
This project, known as the Powder
River Basin Expansion Project (Project),
would involve construction of
approximately 280 miles of new rail line
to reach the coal mines of Wyoming’s
Powder River Basin and reconstruction
of another approximately 600 miles of
DM&E’s existing rail line that would
allow operation of unit coal trains along
the reconstructed route to and from the
new line. The Project takes place in the
States of Minnesota, South Dakota and
Wyoming. The DM&E has applied to the
FRA for a $2.3 billion loan under the
Railroad Rehabilitation and
Improvement Financing (RRIF) program
to finance the Project.
DATES: Submit comments on the Final
EIS, Final SEIS, or the draft Section 4(f)/
303 Statement no later than October 10,
2006 to David Valenstein,
Environmental Program Manager, at the
address listed below.
ADDRESSES: The EIS documents and the
draft Section 4(f)/303 Statement can be
inspected at the FRA office at the
address listed below. The draft Section
4(f)/303 Statement may be obtained
from the FRA Web site at https://
www.fra.dot.gov or by contacting the
FRA. Additionally, the STB’s Draft EIS,
Final EIS, Draft SEIS and Final SEIS are
available in electronic format on the
STB Web site at https://www.stb.dot.gov
under Environmental Matters, Key
Cases, DM&E Links and one or more of
the EISs may be viewed in 70 libraries
in the Project area as listed on FRA’s
Web site.
FOR FURTHER INFORMATION CONTACT:
David Valenstein, Environmental
Program Manager; 1120 Vermont
Avenue, NW.; Mail Stop 20;
Washington, DC 20590; Phone (202)
493–6368.
SUPPLEMENTARY INFORMATION: The
DM&E filed an application in 1998 with
the STB for authority to construct and
E:\FR\FM\18AUN1.SGM
18AUN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Notices
operate the Project, which would
involve construction of approximately
280 miles of new rail line to reach the
coal mines of Wyoming’s Powder River
Basin. See STB Finance Docket No.
33407. Reconstruction of another
approximately 600 miles of DM&E’s
existing rail lines would be required in
conjunction with the new line
construction to allow operation of unit
coal trains along the reconstructed route
to and from the new line. STB’s
National Environmental Policy Act
(NEPA) review considered the impacts
of both the new line construction and
existing line reconstruction. The STB’s
Section of Environmental Analysis
(SEA) prepared a Draft Environmental
Impact Statement (DEIS) for the Project
on September 27, 2000, provided a
comment period from October 6, 2000 to
March 6, 2001, and prepared a Final EIS
on November 19, 2001. After litigation
challenging the adequacy of the EIS, the
court remanded the case back to the
STB. Mid States Coalition for Progress v.
Surface Transportation Board, 345 F.3d
520 (8th Cir. 2003). The STB
subsequently issued a Draft SEIS on
April 15, 2005, and a Final SEIS on
December 30, 2005. On February 15,
2006, the STB issued a decision
approving the construction and
operation of the proposed project,
subject to various environmental
conditions and oversight. The STB
issued the above-mentioned EISs with
assistance from the following five
cooperating agencies which had
jurisdiction over various aspects of the
Project: The U.S. Department of
Agriculture, Forest Service; the U.S.
Department of Interior, Bureau of Land
Management; the U.S. Army Corps of
Engineers; the U.S. Department of
Interior, Bureau of Reclamation; and the
U.S. Coast Guard. The FRA was not a
cooperating agency because it had no
involvement or jurisdiction over any
aspect of the Project at that time.
Amendments to the RRIF program
adopted in section 9003 of the Safe
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (Pub. L. 109–59, 119 Stat 1144)
expanded the scope of the RRIF program
and made other changes to the
underlying statute and implementing
regulations which, when taken together,
made possible the DM&E RRIF
application to finance the Project. The
DM&E originally submitted a
preliminary application for RRIF
financing in late 2005 that contained
several components, including the
construction of a new rail line into the
Powder River Basin (PRB), and the
rehabilitation of several segments of its
VerDate Aug<31>2005
18:35 Aug 17, 2006
Jkt 208001
existing system. However, that
application was subsequently replaced
by two separate applications, one in
February, 2006 for the PRB construction
and another in March, 2006 for some
rehabilitation work necessary for the
west end of the DM&E rail system
independent of the PRB project.
Provision of a loan to the DM&E under
the RRIF program requires FRA
compliance with the requirements of the
NEPA, Section 4(f) of the Department of
Transportation Act, 49 U.S.C. 303(c),
and FRA’s Environmental Procedures
[64 FR 28545, 28522 at § 12 (May 6,
1999)], see also 49 CFR 260.35.
FRA has conducted an independent
review of the EIS and SEIS for the
purpose of determining whether FRA
could adopt these documents pursuant
to 40 CFR 1506.3. FRA’s review
concluded that the action encompassed
by the DM&E RRIF application is
substantially the same as the action
documented in the EIS and SEIS, that
the EIS and SEIS adequately assess the
environmental impacts associated with
the Project and meet the standards of
the Council on Environmental Quality
(CEQ) NEPA Regulation (40 CFR parts
1500–1508), and that the EIS and SEIS
can be adopted by the FRA. CEQ’s
regulations implementing NEPA
strongly encourage agencies to reduce
paperwork and duplication, 40 CFR
1500.4. One of the methods identified
by CEQ to accomplish this goal is
adopting the environmental documents
prepared by other agencies in
appropriate circumstances, 40 CFR
1500.4(n), 1500.5(h), and 1506.3. In
instances where the actions covered by
the original environmental impact
statement and the proposed action are
substantially the same, the agency
adopting another agency’s statement is
not required to recirculate it except as
a final statement, 40 CFR 1506.3(b).
In accordance with the Environmental
Protection Agency’s (EPA) requirements
regarding the filing of EISs, FRA has
provided the EPA with a notice of
adoption and five copies of the STB’s
Final EIS and Final SEIS. EPA will
publish a notice of availability of the
Final EIS and SEIS in the Federal
Register consistent with its usual
practices. Because of the multi-volume
size of the FEIS and SEIS and its
continued availability in libraries in the
affected States and on the STB’s Web
site, FRA is not republishing the
document on its own. This would be
costly, defeat CEQ’s goals of reducing
paperwork and duplication of effort,
and be of little or no additional value to
other agencies or the public. FRA has
mailed a notification of FRA’s adoption
and where the EISs are available to
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Fmt 4703
Sfmt 4703
47863
persons and parties of record who have
participated in the most recent phase of
STB’s EIS process.
Because the STB’s EIS for the Project
did not include an evaluation pursuant
to Section 4(f) of the Department of
Transportation Act (49 U.S.C. § 303(c)),
the FRA, with assistance from an
independent contractor, has prepared a
separate draft Section 4(f)/303
Statement consistent with FRA
procedures and posted it on FRA’s Web
site (https://www.fra.dot.gov). Comments
on the draft section 4(f)/303 Statement
may be forwarded to the FRA at the
address listed above.
In adopting the STB EIS and issuing
a draft 4(f)/303 Statement, the FRA finds
that FRA’s undertaking under Section
106 of the National Historic
Preservation Act is substantially the
same as the undertaking addressed by
the STB and consequently FRA seeks to
join, as a concurring party, the March
2003 Programmatic Agreement (PA)
agreed to pursuant to Section 106 for the
Project and included in the Draft SEIS
as Appendix D. The PA was developed
and executed by the STB, the DM&E, the
Advisory Council on Historic
Preservation, State Historic Preservation
Officers, and other invited signatories in
the affected States to coordinate
additional evaluation and consultation
regarding historic and cultural
resources. FRA agrees with the area of
potential effects, the level of effort for
identification of historic properties, and
the procedures to be followed for
treatment of affected historic properties
outlined in the PA. By joining as a
concurring party, the FRA would be
better able to require the applicant to
comply with the PA as a condition of
the FRA loan and permit continued FRA
involvement in future decisions
regarding historic resources should the
FRA decide to approve the loan.
Accordingly, FRA has adopted the
STB EIS and SEIS, is recirculating the
Final EIS and Final SEIS, is seeking to
join the PA, and has concluded that no
supplement or additional environmental
review beyond the Section 4(f)/303
Statement referenced herein is required
to support the FRA’s proposed action.
FRA anticipates that a final Section 4(f)/
303 Statement and Record of Decision
will be issued after October 10, 2006.
Issued in Washington, DC on August 10,
2006.
Joseph H. Boardman,
Federal Railroad Administrator.
[FR Doc. E6–13531 Filed 8–17–06; 8:45 am]
BILLING CODE 4910–06–P
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]]>Agencies
[Federal Register Volume 71, Number 160 (Friday, August 18, 2006)]
[Notices]
[Pages 47862-47863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13531]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Adoption of Environmental Impact Statement, Participation in a
Section 106 Programmatic Agreement, and Notice of Availability of
Section 4(f)/303 Statement
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Adoption and Recirculation of Final Environmental Impact
Statement and Final Supplemental Environmental Impact Statement;
Participation as a Concurring Party to a Section 106 Programmatic
Agreement; and Notice of Availability of a Draft Section 4(f)/303
Statement.
-----------------------------------------------------------------------
SUMMARY: FRA is issuing this notice to advise the public and interested
agencies that FRA has decided to adopt the Environmental Impact
Statement (EIS) and Supplemental Environmental Impact Statement (SEIS)
issued by the Surface Transportation Board (STB) for construction and
operation of a new rail line and related improvements by the Dakota,
Minnesota and Eastern Railroad Corporation (DM&E). Under applicable
regulations, FRA is allowed to adopt and recirculate the STB's Final
EIS and Final SEIS as its own, since FRA's proposed action is
substantially the same as the action covered by the STB's EISs. The FRA
further announces the availability of a draft Section 4(f)/303
Statement prepared for the Project by the FRA pursuant to Section 4(f)
of the Department of Transportation Act (49 U.S.C. Sec. 303(c)). The
draft Section 4(f)/303 Statement and STB's EISs are available and
comments may be submitted as indicated below.
This project, known as the Powder River Basin Expansion Project
(Project), would involve construction of approximately 280 miles of new
rail line to reach the coal mines of Wyoming's Powder River Basin and
reconstruction of another approximately 600 miles of DM&E's existing
rail line that would allow operation of unit coal trains along the
reconstructed route to and from the new line. The Project takes place
in the States of Minnesota, South Dakota and Wyoming. The DM&E has
applied to the FRA for a $2.3 billion loan under the Railroad
Rehabilitation and Improvement Financing (RRIF) program to finance the
Project.
DATES: Submit comments on the Final EIS, Final SEIS, or the draft
Section 4(f)/303 Statement no later than October 10, 2006 to David
Valenstein, Environmental Program Manager, at the address listed below.
ADDRESSES: The EIS documents and the draft Section 4(f)/303 Statement
can be inspected at the FRA office at the address listed below. The
draft Section 4(f)/303 Statement may be obtained from the FRA Web site
at https://www.fra.dot.gov or by contacting the FRA. Additionally, the
STB's Draft EIS, Final EIS, Draft SEIS and Final SEIS are available in
electronic format on the STB Web site at https://www.stb.dot.gov under
Environmental Matters, Key Cases, DM&E Links and one or more of the
EISs may be viewed in 70 libraries in the Project area as listed on
FRA's Web site.
FOR FURTHER INFORMATION CONTACT: David Valenstein, Environmental
Program Manager; 1120 Vermont Avenue, NW.; Mail Stop 20; Washington, DC
20590; Phone (202) 493-6368.
SUPPLEMENTARY INFORMATION: The DM&E filed an application in 1998 with
the STB for authority to construct and
[[Page 47863]]
operate the Project, which would involve construction of approximately
280 miles of new rail line to reach the coal mines of Wyoming's Powder
River Basin. See STB Finance Docket No. 33407. Reconstruction of
another approximately 600 miles of DM&E's existing rail lines would be
required in conjunction with the new line construction to allow
operation of unit coal trains along the reconstructed route to and from
the new line. STB's National Environmental Policy Act (NEPA) review
considered the impacts of both the new line construction and existing
line reconstruction. The STB's Section of Environmental Analysis (SEA)
prepared a Draft Environmental Impact Statement (DEIS) for the Project
on September 27, 2000, provided a comment period from October 6, 2000
to March 6, 2001, and prepared a Final EIS on November 19, 2001. After
litigation challenging the adequacy of the EIS, the court remanded the
case back to the STB. Mid States Coalition for Progress v. Surface
Transportation Board, 345 F.3d 520 (8th Cir. 2003). The STB
subsequently issued a Draft SEIS on April 15, 2005, and a Final SEIS on
December 30, 2005. On February 15, 2006, the STB issued a decision
approving the construction and operation of the proposed project,
subject to various environmental conditions and oversight. The STB
issued the above-mentioned EISs with assistance from the following five
cooperating agencies which had jurisdiction over various aspects of the
Project: The U.S. Department of Agriculture, Forest Service; the U.S.
Department of Interior, Bureau of Land Management; the U.S. Army Corps
of Engineers; the U.S. Department of Interior, Bureau of Reclamation;
and the U.S. Coast Guard. The FRA was not a cooperating agency because
it had no involvement or jurisdiction over any aspect of the Project at
that time.
Amendments to the RRIF program adopted in section 9003 of the Safe
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (Pub. L. 109-59, 119 Stat 1144) expanded the scope of the
RRIF program and made other changes to the underlying statute and
implementing regulations which, when taken together, made possible the
DM&E RRIF application to finance the Project. The DM&E originally
submitted a preliminary application for RRIF financing in late 2005
that contained several components, including the construction of a new
rail line into the Powder River Basin (PRB), and the rehabilitation of
several segments of its existing system. However, that application was
subsequently replaced by two separate applications, one in February,
2006 for the PRB construction and another in March, 2006 for some
rehabilitation work necessary for the west end of the DM&E rail system
independent of the PRB project. Provision of a loan to the DM&E under
the RRIF program requires FRA compliance with the requirements of the
NEPA, Section 4(f) of the Department of Transportation Act, 49 U.S.C.
303(c), and FRA's Environmental Procedures [64 FR 28545, 28522 at Sec.
12 (May 6, 1999)], see also 49 CFR 260.35.
FRA has conducted an independent review of the EIS and SEIS for the
purpose of determining whether FRA could adopt these documents pursuant
to 40 CFR 1506.3. FRA's review concluded that the action encompassed by
the DM&E RRIF application is substantially the same as the action
documented in the EIS and SEIS, that the EIS and SEIS adequately assess
the environmental impacts associated with the Project and meet the
standards of the Council on Environmental Quality (CEQ) NEPA Regulation
(40 CFR parts 1500-1508), and that the EIS and SEIS can be adopted by
the FRA. CEQ's regulations implementing NEPA strongly encourage
agencies to reduce paperwork and duplication, 40 CFR 1500.4. One of the
methods identified by CEQ to accomplish this goal is adopting the
environmental documents prepared by other agencies in appropriate
circumstances, 40 CFR 1500.4(n), 1500.5(h), and 1506.3. In instances
where the actions covered by the original environmental impact
statement and the proposed action are substantially the same, the
agency adopting another agency's statement is not required to
recirculate it except as a final statement, 40 CFR 1506.3(b).
In accordance with the Environmental Protection Agency's (EPA)
requirements regarding the filing of EISs, FRA has provided the EPA
with a notice of adoption and five copies of the STB's Final EIS and
Final SEIS. EPA will publish a notice of availability of the Final EIS
and SEIS in the Federal Register consistent with its usual practices.
Because of the multi-volume size of the FEIS and SEIS and its continued
availability in libraries in the affected States and on the STB's Web
site, FRA is not republishing the document on its own. This would be
costly, defeat CEQ's goals of reducing paperwork and duplication of
effort, and be of little or no additional value to other agencies or
the public. FRA has mailed a notification of FRA's adoption and where
the EISs are available to persons and parties of record who have
participated in the most recent phase of STB's EIS process.
Because the STB's EIS for the Project did not include an evaluation
pursuant to Section 4(f) of the Department of Transportation Act (49
U.S.C. Sec. 303(c)), the FRA, with assistance from an independent
contractor, has prepared a separate draft Section 4(f)/303 Statement
consistent with FRA procedures and posted it on FRA's Web site (https://
www.fra.dot.gov). Comments on the draft section 4(f)/303 Statement may
be forwarded to the FRA at the address listed above.
In adopting the STB EIS and issuing a draft 4(f)/303 Statement, the
FRA finds that FRA's undertaking under Section 106 of the National
Historic Preservation Act is substantially the same as the undertaking
addressed by the STB and consequently FRA seeks to join, as a
concurring party, the March 2003 Programmatic Agreement (PA) agreed to
pursuant to Section 106 for the Project and included in the Draft SEIS
as Appendix D. The PA was developed and executed by the STB, the DM&E,
the Advisory Council on Historic Preservation, State Historic
Preservation Officers, and other invited signatories in the affected
States to coordinate additional evaluation and consultation regarding
historic and cultural resources. FRA agrees with the area of potential
effects, the level of effort for identification of historic properties,
and the procedures to be followed for treatment of affected historic
properties outlined in the PA. By joining as a concurring party, the
FRA would be better able to require the applicant to comply with the PA
as a condition of the FRA loan and permit continued FRA involvement in
future decisions regarding historic resources should the FRA decide to
approve the loan.
Accordingly, FRA has adopted the STB EIS and SEIS, is recirculating
the Final EIS and Final SEIS, is seeking to join the PA, and has
concluded that no supplement or additional environmental review beyond
the Section 4(f)/303 Statement referenced herein is required to support
the FRA's proposed action. FRA anticipates that a final Section 4(f)/
303 Statement and Record of Decision will be issued after October 10,
2006.
Issued in Washington, DC on August 10, 2006.
Joseph H. Boardman,
Federal Railroad Administrator.
[FR Doc. E6-13531 Filed 8-17-06; 8:45 am]
BILLING CODE 4910-06-P
