Intent To Prepare a Tier II Environmental Impact Statement for Proposed Construction of the Smithsonian National Museum of African American History and Culture, 58068-58069 [E9-27002]
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58068
Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices
By clarifying its rules and abolishing
out-dated language, the Exchange is not
changing or altering any obligation,
rights, policies or practices enumerated
within its rules.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Securities Exchange Act of 1934
(the ‘‘Act’’),6 in general, and furthers the
objectives of Section 6(b)(5) of the Act,7
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to remove
impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general, to protect investors and the
public interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
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The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 8 and Rule
19b–4(f)(6) thereunder.9 Because the
proposed rule change does not: (i)
Significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 10 and Rule 19b–4(f)(6)(iii)
thereunder.11
6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
8 15 U.S.C. 78s(b)(3)(A)(iii).
9 17 CFR 240.19b–4(f)(6).
10 15 U.S.C. 78s(b)(3)(A).
11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change along with a brief
description and text of the proposed rule change,
7 15
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16:45 Nov 09, 2009
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At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–NYSEArca–2009–96 and
should be submitted on or before
December 1, 2009.
IV. Solicitation of Comments
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–26968 Filed 11–9–09; 8:45 am]
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEArca–2009–96 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2009–96. This
file number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such filing also will be
available for inspection and copying at
the principal office of the Exchange. All
comments received will be posted
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied the pre-filing requirement [sic].
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BILLING CODE 8011–01–P
SMITHSONIAN INSTITUTION
NATIONAL CAPITAL PLANNING
COMMISSION
Intent To Prepare a Tier II
Environmental Impact Statement for
Proposed Construction of the
Smithsonian National Museum of
African American History and Culture
AGENCY: Smithsonian Institution (SI),
National Capital Planning Commission
(NCPC).
ACTION: Notice.
SUMMARY: Pursuant to section 102(2)(c)
of the National Environmental Policy
Act (NEPA) of 1969, as implemented by
the Council on Environmental Quality
(40 CFR parts 1500–1509), and in
accordance with the Environmental
Policies and Procedures implemented
by the National Capital Planning
Commission, the SI and NCPC
announce their intent, as Joint-Lead
Agencies, with NCPC as the Responsible
Federal Agency, to prepare a Tier II
environmental impact statement (EIS) to
assess the potential effects of
constructing and operating the National
Museum of African American History
and Culture (NMAAHC) within the
Smithsonian Institution. The Museum
will be located on a 217,800 square foot
(SF) or 5 acre site bounded by
Constitution Avenue, Madison Drive,
14th and 15th Streets, NW., on the
National Mall in Washington, DC. A
public meeting will be conducted to
ensure that all significant issues related
to construction and operation of the
proposed museum are identified for
study in the EIS. SI and NCPC are
conducting this NEPA process
concurrent with the National Historic
Preservation Act (NHPA), section 106
process.
12 17
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CFR 200.30–3(a)(12).
10NON1
Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices
Public
Law 108–184, the National Museum of
African American History and Culture
Act enacted by the Congress of the
United States on December 16, 2003,
(the Act) established a museum within
the Smithsonian Institution to be known
as the National Museum of African
American History and Culture. It
recognizes that such a museum ‘‘would
be dedicated to the collection,
preservation, research, and exhibition of
African American historical and
cultural materials reflecting the breadth
and depth of the experience of
individuals of African descent living in
the United States.’’
Section 8 of the Act, ‘‘Building for the
National Museum of African American
History and Culture,’’ directs the
Smithsonian Board of Regents to select
one site among four in Washington, DC
for the construction of the museum.
After undertaking a site evaluation
study and consultation with parties
specified in the legislation, the Board of
Regents of the Smithsonian Institution
voted to select the area bounded by
Constitution Avenue, Madison Drive,
14th, and 15th Streets, NW., now
commonly known as the Monument
site. The decision was announced on
January 30, 2006.
After site selection, SI and NCPC,
after consultation with the Council of
Environmental Quality, decided to tier
the EIS process (40 CFR parts 1502.20
and 1508.28). The Tier I EIS was
completed with a Final EIS (FEIS)
issued on June 27, 2008 and a SI Record
of Decision issued on August 8, 2008.
The identity and description of the
action to be addressed in both EIS tiers
derive primarily from the language of
Public Law 180–184, its legislative
history, and the studies by the ‘‘National
Museum of African American History
and Culture Plan for Action Presidential
Commission’’ that led to its enactment,
and the Phase II Site Evaluation Study
of November 15, 2005.
The Tier I FEIS analyzed a ‘‘no build’’
alternative along with six diagrammatic
massing alternatives on the site.
Alternatives addressed themes that
included context, siting and mass,
orientation, form, exterior spaces, and
profiles. The Tier I FEIS concluded that
the Build Alternatives all had
comparable effects on the majority of
resources analyzed. This highlighted the
need to develop more concrete design
concepts in order to assess fully the
impacts of the NMAAHC on cultural
and visual/aesthetic resources.
Therefore, the SI chose to express the
Tier I Preferred Alternative as a set of
physical parameters related to heights,
setbacks, and configuration. The
srobinson on DSKHWCL6B1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
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physical parameters resulted in a
Smithsonian Preferred Alternative of
about 350,000 GSF that was bounded
between 60 and 105 feet in height, a
minimum 50 foot setback from the
inside face of the sidewalk of the
surrounding streets; and a subsurface
volume not lower that 45 feet. The
massing parameters ranged from
orthogonal and contextual to free-form
and non-contextual. While NCPC and
Smithsonian are working cooperatively
on this EIS, Smithsonian does not
submit a design to NCPC for review
until later in the process.
In addition to the physical
parameters, the SI developed a set of
design principles to help future design
architects to minimize adverse effects
on historic resources. The principles
speak to the importance of relating to
and respecting the character, views, and
spatial arrangements of the National
Mall; the character, scale, and historic
context of the Washington Monument
grounds; and the relationship of the
NMAAHC to adjacent architectural and
urban contexts.
The potential range of alternatives
that will be evaluated in the Tier II EIS
includes the no action or no build
alternative and no fewer than three
build alternatives that will address,
among other things, the design
principles, the analysis and findings of
the Tier I EIS and SI ROD and the issues
surfaced in the concurrent NHPA,
section 106 process. The Tier II EIS will
include a full range of alternatives
evaluating varying heights and forms,
including one with a roof height that
does not exceed the roof heights of
adjacent museums, and with building
faces that do not protrude beyond the
building faces of adjacent museum
buildings along the Mall.
Public Scoping Meeting and
Comments: The Smithsonian Institution
and the National Capital Planning
Commission will solicit public
comments for consideration and
possible incorporation in the Draft Tier
II EIS through public scoping, including
a scoping meeting, on the proposed
museum building at the Monument site.
The scoping meeting will be held on
December 10, 2009, from 5:30 p.m. to
8:30 p.m. in the ‘‘Commons’’ of the
Smithsonian Castle Building, located at
1000 Jefferson Drive, SW., Washington,
DC. Consultants representing the SI and
NCPC will be available to answer
questions and receive comments about
the scope of the Tier II EIS.
Announcements about the meeting are
provided on the NCPC Web site at
https://www.ncpc.gov. Notice of the
public meeting will be publicized in
local newspapers and through other
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58069
sources. Additional information about
the museum is located at https://
www.nmaahc.si.edu and about the
Tier I EIS at https://www.louisbergernmaahceis.com. To ensure that all
issues related to this action are
addressed and all significant issues are
identified early in the process,
comments are invited in writing and
orally from all interested and/or
potentially affected parties. These
comments may be provided at the
public meeting or provided in writing to
EDAW/AECOM, Attn: NMAAHC EIS
Comments, 601 Prince Street,
Alexandria, VA 22314 or by e-mail to
NMAAHC.EIS.Comments@aecom.com.
All public comments must be
postmarked or received by e-mail by
December 24, 2009.
FOR FURTHER INFORMATION CONTACT: Jane
Passman, Senior Facilities Planner,
Smithsonian Institution, Office of
Facilities Engineering and Operations.
For U.S. Postal Service delivery the
address is P.O. Box 37012, MRC 511,
Washington, DC 20013–7012. For all
other deliveries the address is 600
Maryland Ave., SW., Suite 5001,
Washington, DC 20024. Phone 202–633–
6549; Fax: 202–633–6233.
Dated: November 4, 2009.
Judith Leonard,
General Counsel, Smithsonian Institution.
Dated: November 4, 2009.
Lois J. Schiffer,
General Counsel, National Capital Planning
Commission.
[FR Doc. E9–27002 Filed 11–9–09; 8:45 am]
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]]>Agencies
[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Pages 58068-58069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27002]
=======================================================================
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SMITHSONIAN INSTITUTION
NATIONAL CAPITAL PLANNING COMMISSION
Intent To Prepare a Tier II Environmental Impact Statement for
Proposed Construction of the Smithsonian National Museum of African
American History and Culture
AGENCY: Smithsonian Institution (SI), National Capital Planning
Commission (NCPC).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 102(2)(c) of the National Environmental
Policy Act (NEPA) of 1969, as implemented by the Council on
Environmental Quality (40 CFR parts 1500-1509), and in accordance with
the Environmental Policies and Procedures implemented by the National
Capital Planning Commission, the SI and NCPC announce their intent, as
Joint-Lead Agencies, with NCPC as the Responsible Federal Agency, to
prepare a Tier II environmental impact statement (EIS) to assess the
potential effects of constructing and operating the National Museum of
African American History and Culture (NMAAHC) within the Smithsonian
Institution. The Museum will be located on a 217,800 square foot (SF)
or 5 acre site bounded by Constitution Avenue, Madison Drive, 14th and
15th Streets, NW., on the National Mall in Washington, DC. A public
meeting will be conducted to ensure that all significant issues related
to construction and operation of the proposed museum are identified for
study in the EIS. SI and NCPC are conducting this NEPA process
concurrent with the National Historic Preservation Act (NHPA), section
106 process.
[[Page 58069]]
SUPPLEMENTARY INFORMATION: Public Law 108-184, the National Museum of
African American History and Culture Act enacted by the Congress of the
United States on December 16, 2003, (the Act) established a museum
within the Smithsonian Institution to be known as the National Museum
of African American History and Culture. It recognizes that such a
museum ``would be dedicated to the collection, preservation, research,
and exhibition of African American historical and cultural materials
reflecting the breadth and depth of the experience of individuals of
African descent living in the United States.''
Section 8 of the Act, ``Building for the National Museum of African
American History and Culture,'' directs the Smithsonian Board of
Regents to select one site among four in Washington, DC for the
construction of the museum. After undertaking a site evaluation study
and consultation with parties specified in the legislation, the Board
of Regents of the Smithsonian Institution voted to select the area
bounded by Constitution Avenue, Madison Drive, 14th, and 15th Streets,
NW., now commonly known as the Monument site. The decision was
announced on January 30, 2006.
After site selection, SI and NCPC, after consultation with the
Council of Environmental Quality, decided to tier the EIS process (40
CFR parts 1502.20 and 1508.28). The Tier I EIS was completed with a
Final EIS (FEIS) issued on June 27, 2008 and a SI Record of Decision
issued on August 8, 2008.
The identity and description of the action to be addressed in both
EIS tiers derive primarily from the language of Public Law 180-184, its
legislative history, and the studies by the ``National Museum of
African American History and Culture Plan for Action Presidential
Commission'' that led to its enactment, and the Phase II Site
Evaluation Study of November 15, 2005.
The Tier I FEIS analyzed a ``no build'' alternative along with six
diagrammatic massing alternatives on the site. Alternatives addressed
themes that included context, siting and mass, orientation, form,
exterior spaces, and profiles. The Tier I FEIS concluded that the Build
Alternatives all had comparable effects on the majority of resources
analyzed. This highlighted the need to develop more concrete design
concepts in order to assess fully the impacts of the NMAAHC on cultural
and visual/aesthetic resources. Therefore, the SI chose to express the
Tier I Preferred Alternative as a set of physical parameters related to
heights, setbacks, and configuration. The physical parameters resulted
in a Smithsonian Preferred Alternative of about 350,000 GSF that was
bounded between 60 and 105 feet in height, a minimum 50 foot setback
from the inside face of the sidewalk of the surrounding streets; and a
subsurface volume not lower that 45 feet. The massing parameters ranged
from orthogonal and contextual to free-form and non-contextual. While
NCPC and Smithsonian are working cooperatively on this EIS, Smithsonian
does not submit a design to NCPC for review until later in the process.
In addition to the physical parameters, the SI developed a set of
design principles to help future design architects to minimize adverse
effects on historic resources. The principles speak to the importance
of relating to and respecting the character, views, and spatial
arrangements of the National Mall; the character, scale, and historic
context of the Washington Monument grounds; and the relationship of the
NMAAHC to adjacent architectural and urban contexts.
The potential range of alternatives that will be evaluated in the
Tier II EIS includes the no action or no build alternative and no fewer
than three build alternatives that will address, among other things,
the design principles, the analysis and findings of the Tier I EIS and
SI ROD and the issues surfaced in the concurrent NHPA, section 106
process. The Tier II EIS will include a full range of alternatives
evaluating varying heights and forms, including one with a roof height
that does not exceed the roof heights of adjacent museums, and with
building faces that do not protrude beyond the building faces of
adjacent museum buildings along the Mall.
Public Scoping Meeting and Comments: The Smithsonian Institution
and the National Capital Planning Commission will solicit public
comments for consideration and possible incorporation in the Draft Tier
II EIS through public scoping, including a scoping meeting, on the
proposed museum building at the Monument site. The scoping meeting will
be held on December 10, 2009, from 5:30 p.m. to 8:30 p.m. in the
``Commons'' of the Smithsonian Castle Building, located at 1000
Jefferson Drive, SW., Washington, DC. Consultants representing the SI
and NCPC will be available to answer questions and receive comments
about the scope of the Tier II EIS. Announcements about the meeting are
provided on the NCPC Web site at https://www.ncpc.gov. Notice of the
public meeting will be publicized in local newspapers and through other
sources. Additional information about the museum is located at https://www.nmaahc.si.edu and about the Tier I EIS at https://www.louisberger-nmaahceis.com. To ensure that all issues related to this action are
addressed and all significant issues are identified early in the
process, comments are invited in writing and orally from all interested
and/or potentially affected parties. These comments may be provided at
the public meeting or provided in writing to EDAW/AECOM, Attn: NMAAHC
EIS Comments, 601 Prince Street, Alexandria, VA 22314 or by e-mail to
NMAAHC.EIS.Comments@aecom.com. All public comments must be postmarked
or received by e-mail by December 24, 2009.
FOR FURTHER INFORMATION CONTACT: Jane Passman, Senior Facilities
Planner, Smithsonian Institution, Office of Facilities Engineering and
Operations. For U.S. Postal Service delivery the address is P.O. Box
37012, MRC 511, Washington, DC 20013-7012. For all other deliveries the
address is 600 Maryland Ave., SW., Suite 5001, Washington, DC 20024.
Phone 202-633-6549; Fax: 202-633-6233.
Dated: November 4, 2009.
Judith Leonard,
General Counsel, Smithsonian Institution.
Dated: November 4, 2009.
Lois J. Schiffer,
General Counsel, National Capital Planning Commission.
[FR Doc. E9-27002 Filed 11-9-09; 8:45 am]
BILLING CODE 8030-03-P
