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]

Download as PDF 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 srobinson on DSKHWCL6B1PROD with NOTICES 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 VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 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 (http://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 (http://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]. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 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 E:\FR\FM\10NON1.SGM 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: VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 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 http://www.ncpc.gov. Notice of the public meeting will be publicized in local newspapers and through other PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 58069 sources. Additional information about the museum is located at http:// www.nmaahc.si.edu and about the Tier I EIS at http://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] BILLING CODE 8030–03–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California; Notice of Statute of Limitations on Claims AGENCY: Federal Highway Administration (FHWA), DOT. 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[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 http://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 http://www.nmaahc.si.edu and about the Tier I EIS at http://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]
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