Notice of Availability to Distribute a Record of Decision for the Construction of a New U.S. Commercial Port of Entry in Derby Line, Vermont, 71690-71696 [E7-24445]

Agencies

• General Services Administration

[Federal Register Volume 72, Number 242 (Tuesday, December 18, 2007)]
[Notices]
[Pages 71690-71696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24445]


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GENERAL SERVICES ADMINISTRATION

[PBS-N01]


Notice of Availability to Distribute a Record of Decision for the 
Construction of a New U.S. Commercial Port of Entry in Derby Line, 
Vermont

AGENCY: Public Buildings Service, GSA.

ACTION: Notice of Availability.

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SUMMARY: The General Services Administration (GSA), along with the 
Federal Highway Administration and the Vermont Agency of Transportation 
as cooperating agencies, announces its intent to distribute a Record of 
Decision (ROD) prepared pursuant to the National Environmental Policy 
Act (NEPA) of 1969, as amended, 42 USC 4321--4347 (NEPA) that documents 
GSA's efforts to assess the potential impacts of the construction of a 
new U.S. Commercial Port of Entry in Derby Line, Vermont (the 
``Proposed Action''). At the request of Customs and Border Protection 
(CBP), the GSA is proposing to construct a new Commercial Port of Entry 
which meets their needs as well as the design requirements of GSA.
    The existing Port of Entry site and facilities are inefficient and 
are very difficult to maneuver through, especially for large trucks, 
resulting in extensive queuing and delays. Additionally, all building 
spaces are currently fully occupied and there is no swing or vacant 
space that could be utilized to house the additional requirements at 
this site. Due to the current layout, expansion of existing spaces is 
not possible. Due to organizational changes within CBP in the past few 
years, as well as changes in requirements and usage of the Port of 
Entry, the existing facility is outdated and no longer adequately meets 
its current or future requirements.
    The Proposed Action has been defined and includes:
    (a) Identification of land requirements, including acquisition of 
adjoining land; (b) demolition of existing government structures at the 
Port of Entry; (c) construction of a main administration building and 
ancillary support buildings; and (d) consequent potential alterations 
to Route I-91 and secondary roads.
    Studied alternatives have identified alternative locations for the 
components of the Port of Entry including the main administration and 
ancillary support buildings, the associated roadway network and 
parking. A No-Action alternative has also been studied and evaluates 
the consequences of not constructing the new facility. This alternative 
has been included to provide a basis for comparison to the action 
alternatives as required by NEPA regulations (40 CFR 1002.14(d)).

DATES: January 17, 2008.

FOR FURTHER INFORMATION CONTACT David M. Drevinsky P.E., PMP, Regional 
Environmental Quality Advocate, U.S. General Services Administration, 
10 Causeway Street, Room 975, Boston, MA 02222. Fax: (617) 565--5967. 
Phone: (617) 565--6596. E-mail: david.drevinsky@gsa.gov

SUPPLEMENTARY INFORMATION:

Distribution:

    GSA will distribute 10 copies of the Record of Decision to the 
Haskell Free Library, 96 Caswell Avenue, Derby Line, Vermont, the Daily 
Memorial Library, 101 Jr. High Drive, Derby, Vermont and the Goodrich 
Memorial Library, 202 Main Street, Newport, Vermont.

    Dated: December 11, 2007.
Glenn C. Rotondo,
Assistant Regional Administrator, Public Buildings Service, New England 
Region.

Record of Decision

    The U.S. General Services Administration has published a Final 
Environmental Impact Statement on the following project:
    New U.S. Commercial Port of Entry Derby Line, Vermont
    Purpose and Need
    The purpose of the proposed project is to replace the undersized 
and functionally obsolete Commercial Port of Entry at Derby Line with a 
new facility that meets the needs of the U.S. Customs and Border 
Protection Service (CBP), complies with the design requirements of GSA, 
and provides efficient and safe inspection and processing of vehicles 
and people at the border crossing.
    The proposed project is needed because the size and conditions of 
the existing buildings, as well as the overall site configuration, are 
substandard, preventing the agencies assigned to the port from 
adequately fulfilling their respective missions. This condition has 
become more noticeable in recent years due to the increase in 
commercial truck traffic and heightened security at the border 
following the terrorist attacks in 2001. The deficiencies with the 
existing facilities have led to extensive traffic delays for vehicles 
entering the U.S., frequently resulting in backups of over one mile on 
Highway 55 in Canada. The deficiencies fall into three broad 
categories: 1) building deficiencies, 2) overall site deficiencies, and 
3) insufficient security.

Alternatives

    The following alternatives were analyzed to determine which best 
satisfied the project's purpose and need:

The No-Build Alternative

    Under the No-Build Alternative, operation of the Port of Entry 
would continue at its existing location using the existing facilities. 
With the exception of minor repairs and upgrades to existing buildings, 
no new construction or demolition would take place. No new inspection 
lanes or facilities would be built.

The Selected Alternative

    The selected alternative (the Build Alternative) consists of a new 
facility on the existing property and requires the full or partial 
acquisition of several adjacent parcels.
    The Build Alternative was identified as GSA's preferred alternative 
in the Draft Environmental Impact Statement, and as the selected 
alternative in the Final Environmental Impact Statement, because it 
best satisfied the project's purpose and need with the least adverse 
environmental impact. Three alternatives--Alternatives 1, 2, and 3--
were developed to locate the new port facilities within different 
configurations on the existing port site. However none of these 
alternatives were found to be feasible from a traffic engineering 
perspective, as described below.

Alternatives Dismissed

    Alternative No. 1 would locate the Main Port Building to the east 
of the existing Port Building, generally in the undeveloped area 
situated between the northbound lanes of Route I-91 and the Caswell 
Avenue exit ramp. The primary inspection lanes/booths would be 
connected to the building's northwest corner and the Non-Commercial 
Secondary Inspection Building would be connected to the south. A 
combined Commercial Secondary Inspection and NII Building would be 
located to the west-southwest of the Main Port

[[Page 71691]]

Building, immediately south of the existing non-commercial secondary 
inspection facilities. A new Agency Vehicle Storage Garage would be 
located south of the existing Commercial Secondary Inspection Building 
and west of the existing primary inspection lanes/booths. Finally, an 
outbound inspection lane/booth would be located in one of the 
northbound lanes of Route I-91, northeast of the Main Port Building.
    Alternative No. 1 has the following negative aspects:
     Trucks would be required to back-up from the NII Building 
to access the Commercial Secondary Inspection Building's loading docks, 
although this movement would not impact through travel lanes;
     A vacant commercial property on Maple Street would be 
displaced to accommodate the relocated Route I-91 southbound ramp, and 
a vacant commercial property on Herrick Road would be displaced to 
accommodate the relocated Route I-91 northbound exit ramp;
     Secondary RPMs (SRPMs) would be located in a tight 
location, possibly complicating access and circulation;
     The provision of an appropriate deceleration lane on Route 
I-91 Southbound at Exit 29 would be required;
     Trucks may have difficulty accessing the parking area when 
exiting the NII building;
     The truck exit lane from the primary inspection lanes/
booths onto Route I-91 Southbound has tight clearances near the NII 
building, complicating circulation;
     The proposed Route I-91 northbound geometry does not 
fulfill the requirements of a 40 mph design speed. Examples include the 
substandard length of the horizontal curve passing under Caswell 
Avenue, as well as its close proximity (inadequate separation) to the 
next horizontal curve immediately to its south;
     Poor sight distance for Route I-91 northbound traffic to 
the nose of the proposed northbound off-ramp (approximately 400 feet);
     The alternative does not include safety improvements to 
provide positive separation between opposing traffic on the northbound 
and southbound ramps to Caswell Avenue;
     Parking facilities for the proposed Port fall within the 
clear zone of the proposed Route I-91 northbound lanes, and;
     The length of the proposed northbound off-ramp would be 
substantially reduced from the existing condition. This is very 
problematic for two reasons:
     The deceleration length for vehicles exiting the 
highway would be reduced by approximately 50 percent.
     Local residents have complained of their inability to 
exit the highway due to queued vehicles on Route I-91 from the 
Canadian port. The proposed layout for this alternative would 
seriously exacerbate the existing problems.
    Because Alternative No. 1 does not meet the proposed project's 
goals, and because it is inadequate from a traffic engineering 
standpoint, it was eliminated from further consideration.Alternative 
No. 2 is similar to Alternative No. 1 in many respects, but with 
several clear differences. Under this alternative, the Main Port 
Building would be located in the same general area as in Alternative 
No. 1; however Alternative No. 2 reorients the Main Port Building and 
combined Commercial Secondary Inspection and NII Building to be 
parallel, thereby creating a straight line through the inspection area. 
The primary inspection lanes/booths would be connected to the Main Port 
Building's northwest corner and the Non-Commercial Secondary Inspection 
Building would be connected to the south. The Agency Vehicle Storage 
Garage would be located farther north under this alternative, which 
would provide additional truck parking and improves truck access to the 
Route I-91 southbound off-ramp to Caswell Avenue.
    Alternative No. 2 has the following negative aspects:
     Local access to the Port of Entry would require the use of 
a turnout located north of the Port of Entry;
     Trucks would be required to back-up from the NII Building 
to access the Commercial Secondary Inspection Building's loading docks, 
although this movement would not impact through travel lanes;
     A vacant commercial property on Maple Street would be 
displaced to accommodate the relocated Route I-91 southbound ramp and a 
vacant commercial property on Herrick Road would be displaced to 
accommodate the relocated Route I-91 northbound ramp;
     The horizontal alignment of Route I-91 Southbound near 
Exit ramp is a concern. The provision of appropriate acceleration and 
deceleration lanes would be needed;
     Utilizing the truck parking area located near the Agency 
Vehicle Storage Garage would require trucks to back-up into the 
circulation area;
     The proposed Route I-91 northbound geometry does not 
fulfill the requirements of a 40 mph design speed. Examples include the 
substandard length of the horizontal curve passing under Caswell Avenue 
(Curve A), as well as its close proximity (inadequate separation) to 
the next horizontal curve immediately to its south (Curve B);
     Curve B is substandard in length and curvature, and;
     The proposed Route I-91 northbound geometry consists of a 
``broken back'' configuration, i.e., two adjacent horizontal curves in 
the same direction (both to the left in this instance) with minimal 
separation. This is a poor design practice.
    Because Alternative No. 2 does not meet the proposed project's 
goals, and because it is inadequate from a traffic engineering 
standpoint, it was eliminated from further consideration.
    Unlike Alternative Nos. 1 and 2, Alternative No. 3 would retain the 
existing Route I-91 Southbound entrance/exit ramp, and the NII Building 
would be a separate structure from the Commercial Secondary Inspection 
Building. The Main Port Building would be located in the same general 
area as in the other two alternatives; however its orientation would 
not be parallel to the NII Building, which also would be located in the 
same general area as in the other two alternatives. The primary 
inspection lanes/booths would be connected to the Main Port Building's 
northwest corner and the Non-Commercial Secondary Inspection Building 
would be connected to the south. The Commercial Secondary Inspection 
Building would be located in the same general area as the existing 
broker building, and the Agency Vehicle Garage would be located 
immediately north, both along the site's western perimeter.
    Alternative No. 3 has the following negative aspects:
     Southbound movements to and from Route I-91's Exit 29 
would complicate circulation;
     Trucks would be required to back-up from the NII Building 
to access the Commercial Secondary Inspection Building's loading docks;
     Would result in a tight turning radius from the NII 
Building to Exit 29;
     Would result in difficult truck maneuvering and parking 
when trucks leave the primary inspection lane/booth and are destined to 
the secondary inspection area;
     Would result in a higher potential for pedestrian/motor 
vehicle circulation conflicts on the property;
     Access to the Port of Entry from Herrick Road would 
require the use of

[[Page 71692]]

a turnout located north of the Port of Entry;
     Secondary RPMs would be located in a tight location, 
possibly complicating access and circulation.
     The proposed Route I-91 northbound geometry does not 
fulfill the requirements of a 40 mph design speed. Examples include the 
substandard length of the horizontal curve passing under Caswell 
Avenue, as well as its close proximity (inadequate separation) to the 
next horizontal curve immediately to its south;
     Poor sight distance for Route I-91 northbound traffic to 
the nose of the proposed northbound off-ramp (approximately 400 feet);
     The alternative does not include safety improvements to 
provide positive separation between opposing traffic on the northbound 
and southbound ramps to Caswell Avenue;
     Parking facilities for the proposed Port fall within the 
clear zone of the proposed Route I-91 northbound lanes;
     The length of the proposed northbound off-ramp would be 
substantially reduced from the existing condition. This is very 
problematic for two reasons:
     The deceleration length for vehicles exiting the 
highway would be reduced by approximately 50 percent.
     Local residents have complained of their inability to 
exit the highway due to queued vehicles on Route I-91 from the 
Canadian port. The proposed layout for this alternative would 
seriously exacerbate the existing problems;
     The proposed angular parking adjacent to Route I-91 for 
``Referrals'' will pose a severe safety concern, and;
     The Route I-91 southbound off-ramp geometry is poor and 
will result in poor vehicular flow exiting the Port.
    Because Alternative No. 3 does not meet the goals of the proposed 
project, and because it is inadequate from a traffic engineering 
standpoint, it was eliminated from further consideration.
    Due to the many problems associated with them and because another 
alternative exists that fully satisfies the project's purpose and need 
with less adverse impact, Alternative Nos. 1, 2, and 3 were dismissed 
from further consideration.
    Environmental Consequences of the Proposed Project
    The Build Alternative would have a small impact on the natural and 
social environment of the Derby Line region. The Build Alternative 
would require the full or partial acquisition of several adjacent 
properties. The Build Alternative would result in minor changes or 
impacts in traffic, noise, surface water runoff, and increased 
lighting. In each case, the changes would not be significant.
    As a final design for the facility is developed, GSA/CBP will 
evaluate traffic processing flow and wait times and, if necessary, 
identify appropriate idling reduction strategies. Such strategies may 
include development of signage at strategic locations and/or 
educational outreach to local industries whose drivers frequently use 
the border crossing.
    Decision
    GSA has decided to proceed with the design of the Build Alternative 
because it best meets the purpose and need of the proposed project, and 
would have positive impacts on inbound traffic compared to the No-Build 
Alternative. The traffic circulation patterns of the Build Alternative, 
with the installation of increased security and technology measures, 
would result in shorter vehicle queues and more effective and faster 
processing times for inbound vehicles. The separation of non-commercial 
traffic from commercial traffic would greatly reduce queuing that 
occurs with the No-Build Alternative when more than one truck is 
present for processing.
    The number of inbound booths for processing vehicular traffic would 
change from one commercial and four non-commercial lanes to one 
commercial, three non-commercial and one ``dual-use'' lane, with space 
reserved for the future addition of a second ``dual-use'' lane. The 
rearrangement of inspection lanes, as well as a general reconfiguration 
of the entire site, will result in the safer and more efficient 
processing of inbound vehicles. Traffic backups into Canada would be 
reduced with the new lane and site configurations.
    GSA selected the environmentally preferable alternative. The 
selected and environmentally preferable alternative best met the 
purpose and need for the project with the least impact to the natural 
and social environments, and best protects, preserves, and enhances the 
historic, cultural, and natural resources of the area.
    The following economic, technical, and GSA mission considerations 
were weighed in reaching the decision: The Build Alternative would 
adequately address the problem that the existing facility, although 
well maintained, does not meet GSA's or accessibility guidelines and 
provides only a small percentage of the total building square foot area 
required to meet the needs of the CBP and other agencies. It also 
addresses the problem that the existing Commercial Port of Entry 
suffers from a variety of basic deficiencies that hamper the CBP and 
other agencies in providing safe and efficient processing of vehicular 
and pedestrian traffic including:
     Deficiencies in the main building (size, accessibility, 
structural, etc.)
     Deficiencies in site circulation and layout
     Deficiencies in processing of inbound commercial and non-
commercial vehicles, especially in the lack of space to perform 
secondary inspections of large commercial vehicles
     Deficiencies in processing outbound vehicular and 
pedestrian traffic
     Lack of parking spaces
     Lack of a designated delivery area
     Deficiencies in exterior lighting
     Deficiencies related to security measures (equipment, 
fencing, building setbacks, etc.)
    Comments
    The Draft EIS was issued on July 28, 2006, initiating a 45-day 
public comment period. A public hearing was held on August 29, 2006 to 
receive comments. Comments received on the DEIS were responded to in 
the Final EIS.
    The Final EIS was issued on July 6, 2007, initiating a 30-day 
comment period which ended on August 6, 2007. Letters were received 
from USEPA, USACOE, State Senator Vince Illuzzi, the Town of Derby 
Select Board, the Village of Derby Line Trustees and two private 
citizens.
    Federal Agencies
    USEPA
    Comment: The Environmental Protection Agency--New England Region 
(EPA) has reviewed the U.S. General Services Administration's (GSA) 
Final Environmental Impact Statement for a new U. S. Border Station and 
Commercial Port of Entry in Derby Line, Vermont. We continue to have no 
objections to the project as described.
    Response: GSA appreciates EPA's lack of objections to the project 
and their designation of the EIS as adequate. As a final design for the 
facility is developed, GSA/CBP will evaluate traffic processing flow 
and wait times and, if necessary, identify appropriate idling reduction 
strategies.
    USACOE
    Comment 1: During a February 2, 2006 on-site meeting and in an 
April 4, 2006 e-mail message with your consultant, The Louis Berger 
Group, they were informed that the proposed project will require a 
Department of the Army permit under Section 404 of the Clean Water Act 
(CWA) and that the New England Division Highway Methodology will be 
followed.
    This process integrates the Corps of Engineers Section 404 process 
and the

[[Page 71693]]

NEPA EIS process. To this date we have not received an application to 
perform the proposed work discussed in the Final EIS. For individual 
permits you must submit information that thoroughly and clearly 
documents the need for the fill, alternatives, and mitigation 
possibilities. Without this information, we could not issue a permit to 
place the fill. Additionally, in accordance with our regulations, no 
permit can be issued unless it complies with the Environmental 
Protection Agency's 404(b)(1) guideline. These guidelines prohibit 
discharges where less environmentally damaging, practicable 
alternatives (LEDPA) exist.
    Although, the Final EIS has chosen a Build Alternative, the Corps 
has insufficient information at this time to select the LEDPA.
    Therefore, our comments on the Final EIS are relatively brief and 
relate to the information that would be required in the future to 
evaluate a Department of the Army permit application to construct the 
proposed project.
    Response 1: GSA recognizes that the Army Corps of Engineers will 
require additional information to evaluate the project. This 
information will be developed as the project advances through the 
design phase and will be furnished with the Department of the Army 
permit application.
    Comment 2: The document generally addresses the environmental 
impacts of the project and of the preferred alternative. We believe 
that additional narrative descriptions of the aquatic resources that 
would be impacted and the nature of the impacts should be provided in 
order to provide a complete understanding of the project and its' 
effects. This information will be required for our permit review.
    Response 2: As the project advances through the design phase, 
additional information will be developed that will be submitted with 
all permit applications.
    Comment 3: Summary Page S-2, Hydrology: The brief summary mentions 
that the wetlands on the site are Class Three wetlands, which are not 
subject to the Vermont Wetland Rules. However, there is no mention that 
a permit will be required by the Corps of Engineers. The project will 
involve the placement of fill into the streams and wetlands on the site 
and, therefore, require a Department of the Army permit under Section 
404 of the Clean Water Act (CWA). The need for potential mitigation for 
the proposed impacts to the aquatic resources should be mentioned.
    Response 3: GSA recognizes that a permit from the Corps of 
Engineers will be required. As the design progresses to a point where 
it can support a permit application, the application will be submitted 
and mitigation measures will be discussed.
    Comment 4: Alternatives: Three alternatives were initially 
considered and eliminated from further considerations based primarily 
on engineering. It's likely that these alternatives would have similar 
waterway and wetland impacts as the Build Alternative. Was any 
consideration given to the elimination of these alternatives based on 
their impact to the aquatic resources?
    Response 4: GSA agrees that each of the eliminated alternatives 
would have similar waterway and wetland impacts as the Build 
Alternative. Because each initially failed from an engineering 
standpoint, no further consideration was given to them.
    Comment 5: Build Alternative: Figure 6 is difficult to read with 
the yellow and green shading of the proposed highway alignments. The 
dark lines used to show proposed alignments in Figures 3, 4 & 5 allow 
you to view existing conditions.
    Response 5: Comment noted.
    Comment 6: Chapter 3, Hydrology: There is a lack of a clear 
understanding that a Department of the Army permit under the CWA will 
be required for the proposed project.
    Response 6: GSA understands that a Department of the Army permit 
under the CWA will be required for the proposed project. An application 
for said permit will be submitted once the project's design advances to 
a point where sufficient detail is available to support the 
application.
    Comment 7: Pg. 3-5: The Corps of Engineers does not have a 
``programmatic'' General Permit in Vermont.
    Response 7: Comment noted.
    Comment 8: Pg. 4-3: Surface Water--There is no discussion of the 
proposed project's impact to the two streams within the project area. 
The on-site stormwater system has the potential to impact the streams 
and wetlands. These potential impacts should be mentioned in this 
chapter.
    Response 8: As stated on Page 4-3, the existing facility has 
limited stormwater management measures in place; the proposed project 
will represent a substantial improvement over existing conditions. As a 
result, no significant impacts to surface water conditions are 
anticipated.
    Comment 9: Wetlands--Figure 17 indicates that about 1.786 acres of 
wetlands will be impacted. Yet, here about 2.1 acres of wetland will be 
impacted. Check these calculations.
    Response 9: Comment noted. Table 18 contains the correct 
information.
    Comment 10: Table 18--Approximately 1.02 acres of Wetland E will be 
filled. Yet in Figure 17 about 0.721 acre of Wetland E will be filled 
and about 1.022 acres of Wetland E will remain. Check these 
calculations.
    Response 10: Comment noted. Table 18 contains the correct 
information.
    State Officials
    State Senator Vince Illuzzi
    Comment: Enclosed are two letters, one from the Village of Derby 
Line and the other from the Town of Derby, expressing relatively 
serious concerns, based on available information, about the proposed 
construction of a new commercial I-91 Derby Line port of entry and 
border station.
    In addition to the concerns articulated in these two letters, I 
have heard from a number of area residents expressing similar concerns 
about the project.
    Please give serious consideration to addressing and resolving the 
issues raised by these two letters.
    I am also taking the liberty of sending copies of this letter with 
enclosures to Vermont's congressional delegation. This will enable our 
two U. S. Senators and our Congressman to more closely monitor the 
local issues and concerns.
    Response: GSA appreciates Senator Illuzzi's interest in the 
proposed project. GSA is in receipt of the letters from the Village of 
Derby Line and the Town of Derby and has provided responses to them 
(see below).
    Local Officials
    Derby Select Board
    Comment 1: We would like to address various concerns we have with 
the Final EIS for the proposed new commercial Port of Entry and Border 
Station, Route 1-91 Derby Line, Vermont. We do understand the need for 
a new Port of Entry and hope that it will have a minimal impact on the 
Town and Village during the entire process.
    Response 1: GSA appreciates the Town's interest in the proposed 
project and will continue to make every reasonable effort to minimize 
potential impacts to the Town and Village.
    Comment 2: The federal government will be taking significant 
portions of commercially zoned property. The remaining commercially 
zoned property will not be as valuable. The current and future effects 
of this land acquisition have not been considered as the value to the 
Town and Village is important for future economic development.
    Response 2: On the east side of Route I-91, the proposed project 
will potentially acquire a vacant commercial parcel as well as an 
amount of frontage along Herrick Road. The amount to be

[[Page 71694]]

acquired is small relative to the total area that has been commercially 
re-zoned. It should be noted that Herrick Road would merely be shifted 
to the east; access to all commercial parcels would remain. Further, 
the decrease in traffic congestion on Route I-91 would make the area 
more attractive to potential investors. It should also be noted that 
the amount of land estimated to be acquired is based upon the project's 
conceptual design, as the project advances through the design process 
the amount of land to be acquired could change and possibly be reduced.
    Comment 3: The staffing increase has not been adequately answered 
either. We know the numbers have increased since 2001. What are those 
numbers? What are the current staffing levels? How many employees of 
Homeland Security? GSA? Section 1.2.2.1 mentions the increased 
staffing, but no numbers.
    Response 3: Staffing levels are an operational issue rather than an 
environmental issue.
    Comment 4: A greater concern is addressed in the Hazardous Cargo 
Plan of the EIS. The increasing numbers of trucks carrying hazardous 
materials going through the Port is worrisome. A truck that has a 
problem is allowed to stay at the Port in a restricted area for up to 
48 hours. That is to (sic.) long for us to feel that the area residents 
are safe. The Town and Village should be notified immediately if this 
situation arises so that citizens can be notified and given the option 
to leave the area if they choose.
    Response 4: As a result of the Trade Act of 2002, Advance 
Electronic Information is required for all cargo types entering the 
U.S., including hazardous materials. The Advance Electronic Information 
system requires that manifests for all commercial loads coming into the 
U.S. be sent to CBP at least one hour prior to arrival at the Port of 
Entry. If the one hour pre-clearance is not submitted, the truck is 
refused entry and turned back to Canada. In addition, all hazardous 
materials being imported into the U.S. must make a formal entry through 
a certified Customs broker and filed with CBP. Also, all drivers 
importing into the U.S. must have a valid FAST (Free and Secure Trade) 
card from CBP, if they do not possess a FAST card the shipment will not 
be allowed to enter the U.S. and will be returned to Canada. Each of 
these programs gives CBP advance warning of any hazardous cargo that 
would be arriving at the Port.
    According to CBP operating procedures, if a truck (or any vehicle 
for that matter) arrived at the border with serious equipment issues 
constituting a hazardous situation, CBP would contact state and local 
authorities through 911 and would attempt to isolate the vehicle until 
emergency responders arrived at the scene to stabilize and remove the 
vehicle as soon as possible. Any truck that has a problem is not 
allowed to stay at the Port for up to 48 hours. CBP does not hold 
trucks at the Port at any time for reasons of unsafe operating 
conditions.
    Comment 5: The Town of Derby has a Solid Waste Plan which needs to 
be followed along with the Northeast Kingdom Solid Waste Management 
District, of which Derby is a member.
    Response 5: It is the policy of GSA to meet or exceed local 
regulations when it does not compromise the mission of the tenant 
agencies. To the extent possible, GSA will adhere to the Town's Solid 
Waste Plan and the regulations of the Northeast Kingdom Solid Waste 
Management District.
    Comment 6: The truck traffic on Caswell Avenue as mentioned in 
section 3.2.7 is too high. The Village has been trying for years to 
reduce the heavy truck traffic through the Village. During construction 
and after, what assurance do we have that more trucks will stay on the 
interstate highway system?
    Response 6: In order to reduce truck traffic on Caswell Avenue, the 
weight limits on Route I-91 would need authority to increase the weight 
limits on Route I-91; FHWA is the federal agency that regulates weight 
limits, which can only be done through Congressional action. Since this 
is an existing border station that must remain in operation for the 
duration of the construction process, the construction will be phased 
in such a way that the facility continues to effectively operate and 
perform its daily functions. Route I-91 would not be closed.
    Comment 7: The air quality issues have not been adequately 
addressed either. The increased truck traffic only increases poor air 
quality. When traffic is backed up in both directions for a mile or 
more each way, the air quality is going to be effected. Studies need to 
be done in this area, not Chittenden County. On hot summer days we have 
truck and vehicular traffic backed up idling for hours in the Port 
area. What is the air quality for our residents like then, especially 
the residents at Michaud Manor who are elderly and may have breathing 
problems already?
    Response 7: The proposed project will not result in increased truck 
traffic. It will provide more queuing space, which should help to 
alleviate traffic backups into Canada. Depending upon the CBP 
guidelines for vehicle processing in place at the time, it is possible 
that traffic backups could continue. During the project's design phase, 
additional traffic circulation modeling will be done to ascertain 
whether the proposed future 6th processing lane would be included as 
part of the project now.
    Comment 8: We hope that these issues will be considered and answers 
provided to the questions we have as well as the citizens we represent, 
prior to any final decisions being made. We would gladly invite you to 
come back to Derby/Derby Line and address the questions we still have.
    Response 8: GSA appreciates the Town's concerns and will continue 
to work with local officials to address these concerns as the project 
advances through the design process.
    Trustees of the Village of Derby Line
    Comment 1: We are writing this letter to address issues that we 
feel were not explained adequately in the Final Environmental Impact 
Statement (FEIS) for the proposed new Port of Entry on 1-91 in Derby 
Line. We know that the existing building is too small and is outdated, 
but we think that some issues need to be either explained more fully or 
changed in some way.
    Response 1: GSA appreciates the interest of the Village of Derby 
Line in the proposed project and will endeavor to address any 
outstanding issues below.
    Comment 2: First, we are concerned about both air and noise 
pollution. In the past year, Customs and Border Protection has 
instituted new inspection procedures that make the time to clear a 
vehicle (especially a passenger vehicle) much more lengthy. This means 
that vehicles stay in line longer and backups are longer, which means 
that there are more exhaust fumes and noise. The Sound Level table that 
you have page 3-47 of the FEIS is no longer valid as it dates before 
the new procedures. We would like tosee a new table based on 
measurements done under the new conditions. In addition we would like 
to see new air quality data.
    Response 2: The proposed project will provide more queuing space, 
which should help to alleviate traffic backups into Canada. Depending 
upon the CBP guidelines for vehicle processing in place at the time, it 
is possible that traffic backups could ontinue. During the project's 
design phase, additional traffic circulation modeling will be done to 
ascertain whether the proposed future 6th processing lane would be 
included as part of the project now.
    Comment 3: Also, the EPA has issued an anti-idling policy which 
cuts down

[[Page 71695]]

on air pollution and saves on fuel. We would like to see this policy 
enforced at the new facility. In connection with noise pollution, we 
trust that you will continue to maintain the line of trees on the west 
side of I-9l as a buffer, but we also would like to see more of a noise 
barrier put in place. This could be a vegetated berm or a wall. Both of 
these structures could reduce noise by up to 20 decibels or more, while 
the tree barrier reduces it by just 5 decibels.
    Response 3: As a final design for the facility is developed, GSA/
CBP will evaluate traffic processing flow and wait times and, if 
necessary, identify appropriate idling reduction strategies. Such 
strategies may include development of signage at strategic locations 
and/or educational outreach to local industries whose drivers 
frequently use the border crossing.
    With regard to noise, because of the expected improvement to 
traffic flow, future noise levels will not approach the FHWA abatement 
criteria of 67 dBA. As such, mitigation measures would not be required. 
GSA will, however, continue to evaluate potential noise impacts as the 
project progresses and will work with the community to reach a mutually 
agreeable scenario.
    Comment 4: We are concerned about the number of trucks carrying 
hazardous materials though the I-91 port. Should there be a spill or 
explosion, the Village and its residents would be immediately affected. 
We would like to see a detailed hazmat plan that would be followed in 
the event of such an accident. In addition we would like to be informed 
of what extra safety precautions are taken for such cargo in the case 
that the truck has problems and must be held for 48 hours.
    Response 4:As a result of the Trade Act of 2002, Advance Electronic 
Information is required for all cargo types entering the U.S., 
including hazardous materials. The Advance Electronic Information 
system requires that manifests for all commercial loads coming into the 
U.S. be sent to CBP at least one hour prior to arrival at the Port of 
Entry. If the one hour pre- clearance is not submitted, the truck is 
refused entry and turned back to Canada. In addition, all hazardous 
materials being imported into the U.S. must make a formal entry through 
a certified Customs broker and filed with CBP. Also, all drivers 
importing into the U.S. must have a valid FAST (Free and Secure Trade) 
card from CBP, if they do not possess a FAST card the shipment will not 
be allowed to enter the U.S. and will be returned to Canada. Each of 
these programs gives CBP advance warning of any hazardous cargo that 
would be arriving at the Port.
    According to CBP operating procedures, if a truck (or any vehicle 
for that matter) arrived at the border with serious equipment issues 
constituting a hazardous situation, CBP would contact state and local 
authorities through 911 and would attempt to isolate the vehicle until 
emergency responders arrived at the scene to stabilize and remove the 
vehicle as soon as possible. Any truck that has a problem is not 
allowed to stay at the Port for up to 48 hours. CBP does not hold 
trucks at the Port at any time for reasons of unsafe operating 
conditions.
    Comment 5: The FEIS states that the Village is due no compensation 
for the commercial land that is being appropriated due to the fact that 
no one is using it at this time, and future possibilities cannot be 
taken into account. This is ludicrous; the reason that commercial 
entities have not established themselves on the property is due to the 
very event that we are studying. No one is going to start a business on 
land that may well be appropriated by the government for port of entry 
expansion. We feel that the Village should be considered for some type 
of compensation for lost tax revenue.
    Response 5: GSA will compensate individual property owners from 
whom land is acquired according to the fair market value of the land to 
be acquired. The fair market value considers a parcel's zoning and its 
future development potential and makes adjustments for it. The fact 
that Herrick Road would be shifted to the east, without cutting off 
access to any properties, should not discourage commercial entities 
from locating to the area. The laws and regulations that control land 
acquisition allow for direct compensation to the landowner whose 
property is taken, but prohibit payments to local governments for loss 
of tax revenue.
    Comment 6: We are concerned about the increased paved area and the 
amount of stormwater runoff that will ensue. The Village already has an 
inadequate stormwater system. To burden it with more runoff could lead 
to serious flooding on Main Street in the Village. The FEIS says that 
provisions have been made for a stormwater system at the port of entry. 
The Village would like to be able to see and review this plan.
    Response 6: The project site (the existing facility) sits at an 
elevation lower than the surrounding terrain; it is unlikely that any 
flooding would occur on Main Street, which is located over 2,000 feet 
to the west and at a higher elevation. As the project advances through 
the design process a detailed stormwater management plan will be 
developed. This plan will be shared with local officials.
    Comment 7: The unnamed brook that flows from the east under the 
highway has been a brook trout habitat. We trust that every precaution 
will be taken to keep it so.
    Response 7: During the project's design phase, all precautions will 
be taken to minimize impacts to the aforementioned brook.
    Comment 8: The FEIS states that economic benefits will accrue to 
the six counties nearest the proposed new port of entry mainly in the 
labor and supplies needed to build the new building. However, this will 
last only as long as it takes to finish construction--approximately 2 
years. The Village will bear the brunt of the costs (i.e., loss of tax 
revenue, cost of infrastructure changes, etc.), and could lose jobs if 
plans to automate commercial entries eliminate customs brokers 
businesses. There should be some compensation for this.
    Response 8: As stated in the response to Comment 5, the laws and 
regulations that control land acquisition allow for direct compensation 
to the landowner whose property is taken, but prohibit payments to 
local governments for loss of tax revenue. During the design process, 
GSA will work with the Village to address the Village's concerns with 
regard to the cost of infrastructure changes.
    Comment 9: Our last concern is that construction of the new 
facility will cause 1-91 to close for periods of time, rerouting the 
traffic to Rt. 5 through the Village. Since this crossing is already 
overtaxed, and long lineups are creating both traffic safety problems 
and difficulties in accessing businesses on the west side of Main 
Street, additional traffic would be a disaster. We want assurance that 
this event will not happen, and that vehicles will be able to cross the 
border at 1-91 at all times for the duration of the project.
    Response 9: Since this is an existing border station that must 
remain in operation for the duration of the construction process, the 
construction will be phased in such a way that the facility continues 
to effectively operate and perform its daily functions. Route I-91 
would not be closed.
    Comment 10: Finally, we want to be consulted and have input on the 
final plan before it is published.
    Response 10: It is the policy of GSA to meet or exceed local 
regulations when it does not compromise the

[[Page 71696]]

mission of the tenant agencies. GSA will continue to solicit and 
welcome the coordination and cooperation of many entities from several 
local and state jurisdictions as the project advances.
    Private Individuals
    Randall Bronson
    Comment 1: I am writing you concerning the proposed upgrading and 
reconstruction of the I-91 Customs and Immigration facility in Derby 
Line. As a nephew of Royce and Joyce Wilson, owners of the Wilson 
property (last home on Maple Street) that directly borders land that 
will be used as part of this upgrading, I need to once again make my 
concerns noted and seek a solution to these concerns. I am taking this 
step on behalf of my aunt and uncle (Royce Wilson and Joyce Wilson), 
the owners of this property and also because I do not want undue stress 
placed upon my Uncle (Royce Wilson) if the Build Alternative, as it 
seems, is the choice. His health has been impacted over the past few 
years and any move forward to construct the Build Alternative will 
certainly be an impact to his quality of life. As a matter of fact, if 
any of construction proposals impact or impede on the Wilson property, 
they will significantly reduce his quality of life. Please note that my 
Uncle, Bernard Wilson, passed away in 2005, after the previous letter I 
sent you.
    Response 1: GSA appreciates Mr. Bronson's concerns and is sensitive 
to how the proposed project could affect Mr. Wilson's quality of life.
    Comment 2: As clarification to some of the history provided by some 
of the historians you quoted during the last printing of the Impact 
Study, the changes should be noted as follows:
    Elton Bennett farm and house used to exist between the I-91 South 
bound on-ramp and the current Customs Commercial Building. The house 
was moved towards Holland and located on the Jim Jacobs property during 
the construction of I-91.
    There used to be a hay barn located south of the Wilson House, by 
about. 100-200 feet, where the Brokers Building is located. This 
property was not owned by the Wilson's.
    The Cowle House was moved up Herrick Road to its present location. 
The Wilson's did not own any land south or east of their current 
property, nor did they farm any of the land. The Wilson residence did 
enjoy fresh spring water that was supplied by a spring located of a 
mile southeast of the residence. The connection to this well was 
severed during the construction of I-91.
    Response 2: Comment noted.
    Comment 3: First of all, I still believe the only option that will 
not impact the Wilson residence and property, is to not build. Not 
building will preserve the quality of the property and will have the 
least impact on the Royce and Joyce Wilson's ability to market the 
property and home in the future, if needed.
    Response 3: The No-Build Alternative has been rejected because it 
does not meet the project's purpose and need and is not in the best 
interest of the United States.
    Comment 4: The BUILD ALTERNATIVE will impact our homestead as 
follows:
    1. The I-91 Southbound on-ramp will be unacceptably close to our 
property.
    2. Loss of privacy will be realized and the closeness of the on-
ramp could subject the property to invasion and unlawful trespass.
    3. Noise level increases will be realized, even though you claim 
they won't.
    4. The front door of the house will be within 75 to 100 feet of the 
on-ramp, taking away from the esthetic value of the house, not to 
mention public safety concerns.
    5. This option will render the property unmarketable for 
residential or commercial sale because of the closeness to the I-91 
ramp. No one will want to live that close to an on-ramp.
    6. The stresses to Royce Wilson will be enormous as he has lived in 
this house and on this property for the majority of his life.
    Response 4: GSA acknowledges the concerns of Mr. Bronson and will 
work with him and other members of the community to reach mutually 
agreeable mitigation scenarios.
    Comment 5: In conclusion, as the concerned nephew of Royce and 
Joyce Wilson, I am advocating that I do not agree to the BUILD 
ALTERNATIVE. If GSA wishes to proceed with the BUILD ALTERNATIVE, the 
only option should be to negotiate monetary purchase of Royce and Joyce 
Wilson's homestead at current fair market value and not the value of 
the property post I-91 upgrade. The GSA purchase of their homestead 
could then be used as a buffer zone that could be used to allow for 
more privacy and. quality of life for remaining residents along Maple 
Street.
    Response 5: GSA is willing to work with Mr. Bronson to achieve a 
mutually agreeable solution.
    John Bullis
    Comment 1: In regards to the proposed changes to the 1-91 POE. I 
have the same concerns as many others regarding noise, lighting, air 
pollution's.
    Response 1: Comment noted.
    Comment 2: However I have another and that is the fact that there 
exists a drainage ditch between the properties of 83 and 125 Highland 
Avenue. This ditch is fed on it's West end by a culvert under Highland 
Avenue and empties on it's East end into a field that will contain the 
1-91 Southbound ramp. While most of the time this ditch is dry, there 
are times when it is full. During heavy rain and Springtime melts. Also 
there is a large amount of underdrain located under the ground proposed 
for the on ramp (165 feet I believe maybe more).
    Response 2: Comment noted. As the project advances through the 
design process a detailed stormwater management plan will be developed.
    Conclusion
    GSA has reached its decision based upon information and analysis 
contained in the FEIS and outlined in this document. Based on these 
considerations, GSA has determined that the Build Alternative: (1) best 
satisfies the project's Purpose and Need, (2) poses the least impact to 
the natural and human environments, (3) has been selected based on 
processes in compliance with NEPA and other applicable requirements, 
and (4) may be advanced through detailed design and construction.
[FR Doc. E7-24445 Filed 12-17-07; 8:45 am]
BILLING CODE 6820-A8-S