Intent To Prepare a Supplemental Draft Environmental Impact Statement for the Capitol Expressway Light Rail Project in the City of San Jose and County of Santa Clara, CA., 47640-47642 [E9-22322]
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Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices
CFR 1152.27(c)(2) 3 must be filed by
September 28, 2009.4 Petitions to
reopen must be filed by October 6, 2009,
with the Surface Transportation Board,
395 E Street, SW., Washington, DC
20423–0001.
A copy of any petition filed with the
Board should be sent to RJCK’s
representative: Ronald A. Lane, Fletcher
& Sippel LLC, 29 N. Wacker Dr., Suite
920, Chicago, IL 60606.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: September 10, 2009.
By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–22263 Filed 9–15–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Intent To Prepare a Supplemental Draft
Environmental Impact Statement for
the Capitol Expressway Light Rail
Project in the City of San Jose and
County of Santa Clara, CA.
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY: Federal Transit Administration
(FTA), Department of Transportation
(DOT).
ACTION: Notice of Intent to prepare a
Supplemental Draft Environmental
Impact Statement (EIS).
SUMMARY: The Federal Transit
Administration and the Santa Clara
Valley Transportation Authority (VTA)
are planning to prepare a Supplemental
Draft Environmental Impact Statement
(EIS) for the proposed 2.3 mile
extension of light rail along Capitol
Expressway from the existing Alum
Rock Station to Eastridge Transit Center
in the City of San Jose. Pursuant to 23
C.F.R 771.129(a) and 771.130, the
Supplemental Draft EIS will replace the
Draft EIS that was made available for
public review in April 2004. The Final
EIS required under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et. seq.) (NEPA) was never
completed for this project as a result of
limited opportunities for securing
3 Each OFA must be accompanied by the filing
fee, which is currently set at $1,500. See 49 CFR
1002.2(f)(25).
4 Because this is a discontinuance proceeding and
not an abandonment, trail use/rail banking and
public use conditions are not appropriate.
VerDate Nov<24>2008
17:40 Sep 15, 2009
Jkt 217001
federal funds at that time. Due to
dramatic declines in local and state
funding sources as a result of the global
economic recession, VTA is now
preparing a Supplemental Draft EIS in
order to be eligible for federal funds for
this project. A Supplemental Draft EIS
is needed to address major changes to
the project since April 2004.
The Supplemental Draft EIS will be
prepared in accordance with regulations
set by the NEPA as well as the
provisions of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users. The purpose of
this Notice of Intent is to alert interested
parties about the plan to prepare the
Supplemental Draft EIS, to invite public
participation in the scoping process and
to announce that a public scoping
meeting will be conducted.
DATES: Written comments on the scope
of the Supplemental Draft EIS should be
sent to Tom Fitzwater, VTA
Environmental Programs and Resources
Management Manager, by October 19,
2009. A Public scoping meeting will be
held on September 30, 2009 from 6 p.m.
to 7:30 p.m. at the location indicated
under ADDRESSES below.
ADDRESSES: Written comments on the
scope of the Supplemental Draft EIS
should be submitted via mail, e-mail,
fax, or the project Web site, with
attention to: Tom Fitzwater,
Manager,VTA Environmental Programs
and Resources Management, 3331 North
First Street, Building B–2, San Jose, CA
95134–1927, E-mail:
Tom.Fitzwater@vta.org, Fax: (408) 321–
5787, Project Web site: https://
www.vta.org.
Comments may also be offered at the
public scoping meeting. The address for
the public scoping meeting is in the
Community Room on the second floor of
Eastridge Shopping Center located at
2200 Eastridge Loop Road in San Jose
California (Old Navy/JC Penney’s
entrance). The meeting facility will be
accessible to persons with disabilities. If
special translation or signing services or
other special accommodations are
needed, please contact VTA Customer
Service five days prior to the meeting at
(408) 321–2300, or e-mail
community.outreach@vta.org.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
proposed project, environmental review
process, or to be placed on the project
mailing list, contact Tom Fitzwater,
VTA Environmental Programs and
Resources Management, at VTA, 3331
North First Street, Building B–2, San
Jose, CA 95134–2709, (408) 321–5789 or
Eric Eidlin, Community Planner, at
Federal Transit Administration, San
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Francisco Regional Office, 201 Mission
Street, Room 1650, San Francisco, CA
94105–1926, (415) 744–2502.
SUPPLEMENTARY INFORMATION:
I. Scoping
Scoping is the process of determining
the scope, focus and content of an EIS.
FTA and VTA invite all interested
individuals and organizations, public
agencies, and Native American Tribes to
comment on the scope of the
Supplemental Draft EIS, including the
project’s purpose and need, the
alternatives to be studied, the impacts to
be evaluated, and the evaluation
methods to be used. Comments should
focus on: alternatives that may be less
costly or have less environmental or
community impacts while achieving
similar transportation objectives, and
the identification of any significant
social, economic, or environmental
issues relating to the alternatives.
NEPA ‘‘scoping’’ has specific and
fairly limited objectives, one of which is
to identify the significant issues
associated with alternatives that will be
examined in detail in the document,
while simultaneously limiting
consideration and development of
issues that are not truly significant. It is
in the NEPA scoping process that
potentially significant environmental
impacts—those that give rise to the need
to prepare an environmental impact
statement—should be identified;
impacts that are deemed not to be
significant need not be developed
extensively in the context of the impact
statement, thereby keeping the
statement focused on impacts of
consequence. Transit projects may also
generate environmental benefits; these
should be highlighted as well—the
impact statement process should draw
attention to positive impacts, not just
negative impacts.
Once the scope of the environmental
study, including significant
environmental issues to be addressed, is
settled, an annotated outline of the
document will be prepared and shared
with interested agencies and the public.
The outline serves at least three worthy
purposes, including (1) documenting
the results of the scoping process; (2)
contributing to the transparency of the
process; and (3) providing a clear
roadmap for concise development of the
environmental document.
II. Description of Project Study Areas
and Need
Purpose of the Supplemental Draft
EIS: The original Notice of Intent to
prepare a Draft Environmental Impact
Statement/Environmental Impact Report
(EIS/EIR) was issued on September 18,
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Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices
2001. Following the circulation of the
Draft EIS/EIR in April 2004, it was
determined that the opportunity for
securing federal funds at that time was
limited. As a result, a Final EIS was
never completed.
A Final EIR was prepared to comply
with the state process (California
Environmental Quality Act) and was
certified by the VTA Board of Directors
in May 2005. A Final Supplemental EIR
was later prepared to address changes to
the project and was certified by the VTA
Board of Directors in August 2007.
Due to dramatic declines in local and
state funding sources as a result of the
global economic recession, a
Supplemental Draft EIS will be prepared
in order to be eligible for federal funds.
The purpose of the Supplemental Draft
EIS is to fully disclose the
environmental consequences of building
and operating the Project in advance of
any federal decisions to commit
substantial financial or other resources
towards its implementation. The
Supplemental Draft EIS explores the
extent to which project alternatives and
design options result in environmental
impacts and will discuss actions to
reduce or eliminate such impacts as
required by current federal (NEPA)
environmental laws and current Council
on Environmental Quality and FTA
guidelines.
Project Description: The proposed
project will extend light rail along
Capitol Expressway between the
existing Alum Rock Light Rail Station
and Eastridge Transit Center, a distance
of approximately 2.3 miles. Light rail
will operate primarily in the median of
Capitol Expressway within exclusive
and semi-exclusive rights-of-way.
Property acquisition for the project will
be minimized through the removal of
two High Occupancy Vehicle (HOV)
lanes on Capitol Expressway. The
alignment will include an elevated
section north of Capitol Avenue and
south of Story Road, and an elevated
crossing of Tully Road. The project will
include new light rail stations at Story
Road (aerial), Ocala Avenue (optional,
at-grade) and Eastridge Transit Center
(at-grade and aerial options). At
Eastridge Mall, the existing transit
center and park-and-ride lot will be
modified and expanded to
accommodate the project. The project
will also include traction power
substations at Ocala Avenue and
Eastridge Transit Center. Approximately
seven 115-kilovolt electrical
transmission towers and two tubular
steel poles (TSPs) will require relocation
from the median of Capitol Expressway
to the east side of Capitol Expressway in
order to accommodate the project.
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17:40 Sep 15, 2009
Jkt 217001
While the project will cross over Silver
Creek, no work is anticipated below the
top of the bank.
Project Purpose and Need: The
Capitol Expressway Light Rail Project is
needed to:
• Improve public transit service in
the Capitol Expressway Corridor by
providing increased capacity and faster,
convenient access to downtown San
Jose and major employment and activity
centers;
• make transit an attractive
alternative to the automobile for travel
along the expressway; enhance regional
connectivity through expanded,
interconnected transit services along
some of the primary travel corridors in
Santa Clara County, including U.S. 101
(Guadalupe Corridor) and I–680
(Tasman East, Capitol Avenue, and
Capitol Expressway Corridors);
• improve regional air quality by
reducing the growth in automobile
emissions;
• improve mobility options to
employment, education, medical and
retail centers for all corridor residents
and in particular, low-income, transit
dependent, youth, elderly, disabled, and
ethnic minority populations; and
• support local economic and land
development goals.
III. Proposed Project Alternatives
The No-Build Alternative represents
conditions that would be reasonably
expected to occur in the foreseeable
future if the proposed build alternative
were not implemented. This includes
existing transit conditions and
programmed transportation projects that
will be constructed by 2035. A Baseline
Alternative representing the optimal
level of bus service that could be
provided in the corridor without an
investment in major new infrastructure
is not proposed. VTA is not only
currently operating Line 522 Rapid Bus
service in the Capitol Expressway
Corridor, but is also proposing to
improve this service with Bus Rapid
Transit (BRT). BRT will provide more
frequent headways, upgraded facilities,
real-time information, transit priority,
and specialized vehicles. VTA will also
analyze any reasonable alternatives that
are uncovered during public scoping.
IV. Probable Effects
The Supplemental Draft EIS will
explore the extent to which project
alternatives and design options result in
environmental impacts and will discuss
actions to reduce or eliminate such
impacts. Environmental issues to be
examined may include: Changes in the
physical environment (natural
resources, air quality, climate change,
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47641
noise, water quality, geology,
aesthetics); changes in the social
environment (land use, business and
neighborhood disruptions); changes in
traffic and pedestrian circulation;
changes in transit service and patronage;
associated changes in traffic congestion;
and impacts on parklands and historic
resources. Impacts will be identified
both for the construction period and for
the long-term operation of the
alternatives. Based on the findings of
the Final and Supplemental EIR, it is
anticipated that the project will result in
adverse noise, vibration, and traffic
impacts.
V. FTA Procedures
The regulations implementing NEPA,
as well as provisions of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU), call for public
involvement in the EIS process. Section
6002 of SAFETEA–LU requires that FTA
and VTA do the following: (1) Extend an
invitation to other Federal and nonFederal agencies and Native American
tribes that may have an interest in the
proposed project to become
‘‘participating agencies;’’ (2) provide an
opportunity for involvement by
participating agencies and the public to
help define the purpose and need for a
proposed project, as well as the range of
alternatives for consideration in the EIS;
and (3) establish a plan for coordinating
public and agency participation in, and
comment on, the environmental review
process. An invitation to become a
participating or cooperating agency,
with scoping materials appended, will
be extended to other Federal and nonFederal agencies and Native American
tribes that may have an interest in the
proposed project. It is possible that FTA
and VTA will not be able to identify all
Federal and non-Federal agencies and
Native American tribes that may have
such an interest. Any Federal or nonFederal agency or Native American tribe
interested in the proposed project that
does not receive an invitation to become
a participating agency should notify at
the earliest opportunity the Project
Manager identified above under
ADDRESSES.
A comprehensive public involvement
program and a Coordination Plan for
public and interagency involvement
will be developed for the project and
posted on https://www.vta.org. The
public involvement program includes a
full range of activities including the
development and distribution of project
newsletters, and outreach to local
officials, community and civic groups,
and the public. Specific activities or
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47642
Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices
events for involvement will be detailed
in the public involvement program.
The Paperwork Reduction Act seeks,
in part, to minimize the cost to the
taxpayer of the creation, collection,
maintenance, use, dissemination, and
disposition of information. Consistent
with this goal and with principles of
economy and efficiency in government,
it is FTA policy to limit insofar as
possible distribution of complete
printed sets of environmental
documents. Accordingly, unless a
specific request for a complete printed
set of environmental documents is
received (preferably in advance of
printing), FTA and its grantees will
distribute only the executive summary
of the environmental document together
with a Compact Disc of the complete
environmental document. A complete
printed set of the environmental
document is available for review at the
grantee’s offices and elsewhere; an
electronic copy of the complete
environmental document is also
available on https://www.vta.org.
The Supplemental Draft EIS will be
prepared in accordance with NEPA and
its implementing regulations issued by
the Council on Environmental Quality
(40 CFR parts 1500–1508) and with the
FTA/Federal Highway Administration
regulations ‘‘Environmental Impact and
Related Procedures’’ (23 CFR part 771).
In accordance with 23 CFR 771.105(a)
and 771.133, FTA will comply with all
Federal environmental laws,
regulations, and executive orders
applicable to the proposed project
during the environmental review
process to the maximum extent
practicable. These requirements
include, but are not limited to, the
environmental and public hearing
provisions of Federal transit laws (49
U.S.C. 5301(e), 5323(b), and 5324); the
project-level air quality conformity
regulation of the U.S. Environmental
Protection Agency (EPA) (40 CFR part
93); the section 404(b)(1) guidelines of
EPA (40 CFR part 230); the regulation
implementing section 106 of the
National Historic Preservation Act (36
CFR part 800); the regulation
implementing section 7 of the
Endangered Species Act (50 CFR part
402); section 4(f) of the Department of
Transportation Act (23 CFR 771.135);
and Executive Orders 12898 on
environmental justice, 11988 on
floodplain management, and 11990 on
wetlands.
Related Documents: The Final
Environmental Impact Report (April
2005), and the Final Supplemental
Environmental Impact Report (April
2007) for the Capitol Expressway
Corridor are available by contacting
VerDate Nov<24>2008
17:40 Sep 15, 2009
Jkt 217001
Tom Fitzwater at the address and phone
number given above.
Issued on: September 9, 2009.
Raymond Sukys,
Acting Regional Administrator.
[FR Doc. E9–22322 Filed 9–15–09; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Issuance of Final Report of the 2008
Amateur-Built Aircraft Aviation
Rulemaking Committee.
AGENCY: Federal Aviation
Administration, DOT.
SUMMARY: This notice announces the
issuance of the final report of the 2008
Amateur-Built Aircraft Aviation
Rulemaking Committee (2008 ARC). The
report provides the 2008 ARC’s
recommendations regarding the
disposition of (1) public comments
received on the proposed changes to
Order 8130.2F and AC 20–27G; (2) the
definition of ‘‘fabrication’’ as it differs
from ‘‘assembly’’ within the scope of
Title 14, Code of Federal Regulations
(14 CFR) part 21, Certification
Procedures for Products and Parts,
§ 21.191(g), Operating amateur-built
aircraft; and (3) a process to minimize
the impact of the proposed policy on
amateur-built kits evaluated by the FAA
before February 15, 2008.
FOR FURTHER INFORMATION CONTACT:
Frank P. Paskiewicz, Manager,
Production and Airworthiness Division,
Aircraft Certification Service, AIR–200,
Federal Aviation Administration, 950
L’Enfant Plaza, SW., 5th Floor, Suite
500, Washington, DC 20024; telephone
number: (202) 385–6346. A copy of the
final report may be obtained by
accessing the FAA’s Web site at https://
www.faa.gov/aircraft/gen_av/
ultralights/amateur_built/media/ARC
_FINAL_2008_report.pdf.
SUPPLEMENTARY INFORMATION:
Background
On February 14, 2008, the 2006
Amateur-Built Aircraft Aviation
Rulemaking Committee (ARC)
published its Final Report. This report
found that FAA directives setting policy
for amateur-built aircraft ‘‘do not
adequately address the issue of
commercial assistance,’’ determined
that the ‘‘aircraft kit evaluation process
is not standardized,’’ and cited the need
for additional training for inspectors to
‘‘fully understand the FAA’s
expectations when determining an
aircraft’s eligibility for an amateur-built
certificate.’’ Based on the ARC’s report,
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the FAA published a notice in the
Federal Register on February 15, 2008,1
temporarily suspending amateur-built
aircraft kit evaluations. The FAA
decided that its directives governing the
amateur-built aircraft sector required
review and revision.
Subsequently, the FAA published a
notice in the Federal Register on July
15, 2008, announcing proposed changes
to, and seeking public comments on (1)
FAA Order 8130.2F, Airworthiness
Certification of Aircraft and Related
Products, Chapter 4, Special
Airworthiness Certification, Section 9,
Experimental Amateur-Built
Airworthiness Certifications; and (2) AC
20–27G, Certification and Operation of
Amateur-Built Aircraft.2 The original
comment period opened on July 15,
2008, and closed on August 15, 2008.
Upon request, the FAA extended the
comment period to September 30,
2008,3 and then reopened the comment
period from October 31, 2008, through
December 15, 2008.4
On November 4, 2008, the AmateurBuilt ARC was rechartered with Order
1110.143A, Amateur-Built Aircraft
Aviation Rulemaking Committee to
advise the FAA on issues concerning
disposition of the public comments, the
enhanced definition of the term
‘‘fabrication’’ and grandfathering of
FAA-listed amateur-built aircraft kits.
The 2008 ARC met in Washington, DC
on January 27 through 29, 2009, to
consider the items listed above; the ARC
also—
• Reevaluated the 20/20/11
requirement; 5
• Evaluated an updated FAA Form
8000–38, Fabrication/Assembly
Operation Checklist;
• Discussed the creation of a National
Kit Evaluation Team, consisting of FAA
1 Notice of Temporary Suspension of AmateurBuilt Aircraft Kit Evaluations Previously Conducted
by the Federal Aviation Administration, Aircraft
Certification Service (73 FR 8926, February 15,
2008).
2 Notification of Policy Revisions, and Requests
for Comments on the Percentage of Fabrication and
Assembly that Must Be Completed by an Amateur
Builder to Obtain an Experimental Airworthiness
Certificate for an Amateur-Built Aircraft (73 FR
40652, July 15, 2008).
3 See Notification of Policy Revisions, and
Requests for Comments on the Percentage of
Fabrication and Assembly That Must Be Completed
by an Amateur Builder to Obtain an Experimental
Airworthiness Certificate for an Amateur-Built
Aircraft; Extension of Comment Period (73 FR
43278, July 24, 2008).
4 The FAA reopened the comment period because
the proposed Order 8130.2F and AC 20–27G had
been inadvertently removed from the FAA Web site
during the comment period. (See 73 FR 65007,
October 31, 2008.)
5 20/20/11 was an FAA proposal requiring an
amateur builder to fabricate a minimum 20 percent
of an aircraft and assemble a minimum of 20
percent of the aircraft.
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]]>Agencies
[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Pages 47640-47642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22322]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Intent To Prepare a Supplemental Draft Environmental Impact
Statement for the Capitol Expressway Light Rail Project in the City of
San Jose and County of Santa Clara, CA.
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of Intent to prepare a Supplemental Draft Environmental
Impact Statement (EIS).
-----------------------------------------------------------------------
SUMMARY: The Federal Transit Administration and the Santa Clara Valley
Transportation Authority (VTA) are planning to prepare a Supplemental
Draft Environmental Impact Statement (EIS) for the proposed 2.3 mile
extension of light rail along Capitol Expressway from the existing Alum
Rock Station to Eastridge Transit Center in the City of San Jose.
Pursuant to 23 C.F.R 771.129(a) and 771.130, the Supplemental Draft EIS
will replace the Draft EIS that was made available for public review in
April 2004. The Final EIS required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et. seq.) (NEPA) was never completed
for this project as a result of limited opportunities for securing
federal funds at that time. Due to dramatic declines in local and state
funding sources as a result of the global economic recession, VTA is
now preparing a Supplemental Draft EIS in order to be eligible for
federal funds for this project. A Supplemental Draft EIS is needed to
address major changes to the project since April 2004.
The Supplemental Draft EIS will be prepared in accordance with
regulations set by the NEPA as well as the provisions of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users. The purpose of this Notice of Intent is to alert interested
parties about the plan to prepare the Supplemental Draft EIS, to invite
public participation in the scoping process and to announce that a
public scoping meeting will be conducted.
DATES: Written comments on the scope of the Supplemental Draft EIS
should be sent to Tom Fitzwater, VTA Environmental Programs and
Resources Management Manager, by October 19, 2009. A Public scoping
meeting will be held on September 30, 2009 from 6 p.m. to 7:30 p.m. at
the location indicated under ADDRESSES below.
ADDRESSES: Written comments on the scope of the Supplemental Draft EIS
should be submitted via mail, e-mail, fax, or the project Web site,
with attention to: Tom Fitzwater, Manager,VTA Environmental Programs
and Resources Management, 3331 North First Street, Building B-2, San
Jose, CA 95134-1927, E-mail: Tom.Fitzwater@vta.org, Fax: (408) 321-
5787, Project Web site: https://www.vta.org.
Comments may also be offered at the public scoping meeting. The
address for the public scoping meeting is in the Community Room on the
second floor of Eastridge Shopping Center located at 2200 Eastridge
Loop Road in San Jose California (Old Navy/JC Penney's entrance). The
meeting facility will be accessible to persons with disabilities. If
special translation or signing services or other special accommodations
are needed, please contact VTA Customer Service five days prior to the
meeting at (408) 321-2300, or e-mail community.outreach@vta.org.
FOR FURTHER INFORMATION CONTACT: For additional information about the
proposed project, environmental review process, or to be placed on the
project mailing list, contact Tom Fitzwater, VTA Environmental Programs
and Resources Management, at VTA, 3331 North First Street, Building B-
2, San Jose, CA 95134-2709, (408) 321-5789 or Eric Eidlin, Community
Planner, at Federal Transit Administration, San Francisco Regional
Office, 201 Mission Street, Room 1650, San Francisco, CA 94105-1926,
(415) 744-2502.
SUPPLEMENTARY INFORMATION:
I. Scoping
Scoping is the process of determining the scope, focus and content
of an EIS. FTA and VTA invite all interested individuals and
organizations, public agencies, and Native American Tribes to comment
on the scope of the Supplemental Draft EIS, including the project's
purpose and need, the alternatives to be studied, the impacts to be
evaluated, and the evaluation methods to be used. Comments should focus
on: alternatives that may be less costly or have less environmental or
community impacts while achieving similar transportation objectives,
and the identification of any significant social, economic, or
environmental issues relating to the alternatives.
NEPA ``scoping'' has specific and fairly limited objectives, one of
which is to identify the significant issues associated with
alternatives that will be examined in detail in the document, while
simultaneously limiting consideration and development of issues that
are not truly significant. It is in the NEPA scoping process that
potentially significant environmental impacts--those that give rise to
the need to prepare an environmental impact statement--should be
identified; impacts that are deemed not to be significant need not be
developed extensively in the context of the impact statement, thereby
keeping the statement focused on impacts of consequence. Transit
projects may also generate environmental benefits; these should be
highlighted as well--the impact statement process should draw attention
to positive impacts, not just negative impacts.
Once the scope of the environmental study, including significant
environmental issues to be addressed, is settled, an annotated outline
of the document will be prepared and shared with interested agencies
and the public. The outline serves at least three worthy purposes,
including (1) documenting the results of the scoping process; (2)
contributing to the transparency of the process; and (3) providing a
clear roadmap for concise development of the environmental document.
II. Description of Project Study Areas and Need
Purpose of the Supplemental Draft EIS: The original Notice of
Intent to prepare a Draft Environmental Impact Statement/Environmental
Impact Report (EIS/EIR) was issued on September 18,
[[Page 47641]]
2001. Following the circulation of the Draft EIS/EIR in April 2004, it
was determined that the opportunity for securing federal funds at that
time was limited. As a result, a Final EIS was never completed.
A Final EIR was prepared to comply with the state process
(California Environmental Quality Act) and was certified by the VTA
Board of Directors in May 2005. A Final Supplemental EIR was later
prepared to address changes to the project and was certified by the VTA
Board of Directors in August 2007.
Due to dramatic declines in local and state funding sources as a
result of the global economic recession, a Supplemental Draft EIS will
be prepared in order to be eligible for federal funds. The purpose of
the Supplemental Draft EIS is to fully disclose the environmental
consequences of building and operating the Project in advance of any
federal decisions to commit substantial financial or other resources
towards its implementation. The Supplemental Draft EIS explores the
extent to which project alternatives and design options result in
environmental impacts and will discuss actions to reduce or eliminate
such impacts as required by current federal (NEPA) environmental laws
and current Council on Environmental Quality and FTA guidelines.
Project Description: The proposed project will extend light rail
along Capitol Expressway between the existing Alum Rock Light Rail
Station and Eastridge Transit Center, a distance of approximately 2.3
miles. Light rail will operate primarily in the median of Capitol
Expressway within exclusive and semi-exclusive rights-of-way. Property
acquisition for the project will be minimized through the removal of
two High Occupancy Vehicle (HOV) lanes on Capitol Expressway. The
alignment will include an elevated section north of Capitol Avenue and
south of Story Road, and an elevated crossing of Tully Road. The
project will include new light rail stations at Story Road (aerial),
Ocala Avenue (optional, at-grade) and Eastridge Transit Center (at-
grade and aerial options). At Eastridge Mall, the existing transit
center and park-and-ride lot will be modified and expanded to
accommodate the project. The project will also include traction power
substations at Ocala Avenue and Eastridge Transit Center. Approximately
seven 115-kilovolt electrical transmission towers and two tubular steel
poles (TSPs) will require relocation from the median of Capitol
Expressway to the east side of Capitol Expressway in order to
accommodate the project. While the project will cross over Silver
Creek, no work is anticipated below the top of the bank.
Project Purpose and Need: The Capitol Expressway Light Rail Project
is needed to:
Improve public transit service in the Capitol Expressway
Corridor by providing increased capacity and faster, convenient access
to downtown San Jose and major employment and activity centers;
make transit an attractive alternative to the automobile
for travel along the expressway; enhance regional connectivity through
expanded, interconnected transit services along some of the primary
travel corridors in Santa Clara County, including U.S. 101 (Guadalupe
Corridor) and I-680 (Tasman East, Capitol Avenue, and Capitol
Expressway Corridors);
improve regional air quality by reducing the growth in
automobile emissions;
improve mobility options to employment, education, medical
and retail centers for all corridor residents and in particular, low-
income, transit dependent, youth, elderly, disabled, and ethnic
minority populations; and
support local economic and land development goals.
III. Proposed Project Alternatives
The No-Build Alternative represents conditions that would be
reasonably expected to occur in the foreseeable future if the proposed
build alternative were not implemented. This includes existing transit
conditions and programmed transportation projects that will be
constructed by 2035. A Baseline Alternative representing the optimal
level of bus service that could be provided in the corridor without an
investment in major new infrastructure is not proposed. VTA is not only
currently operating Line 522 Rapid Bus service in the Capitol
Expressway Corridor, but is also proposing to improve this service with
Bus Rapid Transit (BRT). BRT will provide more frequent headways,
upgraded facilities, real-time information, transit priority, and
specialized vehicles. VTA will also analyze any reasonable alternatives
that are uncovered during public scoping.
IV. Probable Effects
The Supplemental Draft EIS will explore the extent to which project
alternatives and design options result in environmental impacts and
will discuss actions to reduce or eliminate such impacts. Environmental
issues to be examined may include: Changes in the physical environment
(natural resources, air quality, climate change, noise, water quality,
geology, aesthetics); changes in the social environment (land use,
business and neighborhood disruptions); changes in traffic and
pedestrian circulation; changes in transit service and patronage;
associated changes in traffic congestion; and impacts on parklands and
historic resources. Impacts will be identified both for the
construction period and for the long-term operation of the
alternatives. Based on the findings of the Final and Supplemental EIR,
it is anticipated that the project will result in adverse noise,
vibration, and traffic impacts.
V. FTA Procedures
The regulations implementing NEPA, as well as provisions of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU), call for public involvement in the EIS
process. Section 6002 of SAFETEA-LU requires that FTA and VTA do the
following: (1) Extend an invitation to other Federal and non-Federal
agencies and Native American tribes that may have an interest in the
proposed project to become ``participating agencies;'' (2) provide an
opportunity for involvement by participating agencies and the public to
help define the purpose and need for a proposed project, as well as the
range of alternatives for consideration in the EIS; and (3) establish a
plan for coordinating public and agency participation in, and comment
on, the environmental review process. An invitation to become a
participating or cooperating agency, with scoping materials appended,
will be extended to other Federal and non-Federal agencies and Native
American tribes that may have an interest in the proposed project. It
is possible that FTA and VTA will not be able to identify all Federal
and non-Federal agencies and Native American tribes that may have such
an interest. Any Federal or non-Federal agency or Native American tribe
interested in the proposed project that does not receive an invitation
to become a participating agency should notify at the earliest
opportunity the Project Manager identified above under ADDRESSES.
A comprehensive public involvement program and a Coordination Plan
for public and interagency involvement will be developed for the
project and posted on https://www.vta.org. The public involvement
program includes a full range of activities including the development
and distribution of project newsletters, and outreach to local
officials, community and civic groups, and the public. Specific
activities or
[[Page 47642]]
events for involvement will be detailed in the public involvement
program.
The Paperwork Reduction Act seeks, in part, to minimize the cost to
the taxpayer of the creation, collection, maintenance, use,
dissemination, and disposition of information. Consistent with this
goal and with principles of economy and efficiency in government, it is
FTA policy to limit insofar as possible distribution of complete
printed sets of environmental documents. Accordingly, unless a specific
request for a complete printed set of environmental documents is
received (preferably in advance of printing), FTA and its grantees will
distribute only the executive summary of the environmental document
together with a Compact Disc of the complete environmental document. A
complete printed set of the environmental document is available for
review at the grantee's offices and elsewhere; an electronic copy of
the complete environmental document is also available on https://www.vta.org.
The Supplemental Draft EIS will be prepared in accordance with NEPA
and its implementing regulations issued by the Council on Environmental
Quality (40 CFR parts 1500-1508) and with the FTA/Federal Highway
Administration regulations ``Environmental Impact and Related
Procedures'' (23 CFR part 771). In accordance with 23 CFR 771.105(a)
and 771.133, FTA will comply with all Federal environmental laws,
regulations, and executive orders applicable to the proposed project
during the environmental review process to the maximum extent
practicable. These requirements include, but are not limited to, the
environmental and public hearing provisions of Federal transit laws (49
U.S.C. 5301(e), 5323(b), and 5324); the project-level air quality
conformity regulation of the U.S. Environmental Protection Agency (EPA)
(40 CFR part 93); the section 404(b)(1) guidelines of EPA (40 CFR part
230); the regulation implementing section 106 of the National Historic
Preservation Act (36 CFR part 800); the regulation implementing section
7 of the Endangered Species Act (50 CFR part 402); section 4(f) of the
Department of Transportation Act (23 CFR 771.135); and Executive Orders
12898 on environmental justice, 11988 on floodplain management, and
11990 on wetlands.
Related Documents: The Final Environmental Impact Report (April
2005), and the Final Supplemental Environmental Impact Report (April
2007) for the Capitol Expressway Corridor are available by contacting
Tom Fitzwater at the address and phone number given above.
Issued on: September 9, 2009.
Raymond Sukys,
Acting Regional Administrator.
[FR Doc. E9-22322 Filed 9-15-09; 8:45 am]
BILLING CODE 4910-57-P
