Notice of Availability of the Final Environmental Impact Report/Final Environmental Impact Statement, Bay Delta Conservation Plan/California WaterFix, 96485-96486 [2016-31735]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR02800000, 17XR0687ND,
RX185279142060200]
Notice of Availability of the Final
Environmental Impact Report/Final
Environmental Impact Statement, Bay
Delta Conservation Plan/California
WaterFix
Reclamation, Mid-Pacific Region, BayDelta Office, 801 I Street, Suite 140,
Sacramento, CA 95814–2536, by calling
(916) 414–2402, or emailing bwhite@
usbr.gov.
To view or download the Final EIR/
EIS, or for a list of locations to view
hard-bound copies, go to
www.baydeltaconservationplan.com.
FOR FURTHER INFORMATION CONTACT:
ACTION:
Interior.
Notice.
Brook White, Bureau of Reclamation,
(916) 414–2402, or by email at bwhite@
usbr.gov.
SUPPLEMENTARY INFORMATION:
The Bureau of Reclamation
(Reclamation), in coordination with the
California Department of Water
Resources (DWR), has prepared a Final
Environmental Impact Report/Final
Environmental Impact Statement (Final
EIR/EIS) for the Bay Delta Conservation
Plan/California WaterFix pursuant to
the California Environmental Quality
Act (CEQA) and the National
Environmental Policy Act (NEPA). The
DWR proposes to implement a strategy
to help restore ecological functions of
the Delta and improve water supply
reliability in the state of California. The
Final EIR/EIS describes and analyzes
potential environmental impacts of
alternatives and identifies mitigation
measures to help avoid or minimize
impacts. The initial approach focused
on a Habitat Conservation Plan, referred
to as the Bay Delta Conservation Plan
(BDCP), which included modifications
to the State Water Project (SWP) and
associated Conservation Measures. A
new alternative strategy emerged after
public input on the Draft EIR/EIS and
was further refined in a Recirculated
Draft EIR/Supplemental Draft EIS
(RDEIR/SDEIS). This new strategy, the
California Waterfix, focuses on a new
water conveyance facility, habitat
restoration measures necessary to
minimize or avoid project effects, and a
revised set of Conservation Measures.
Endangered Species Act compliance
would be achieved through Section 7
consultation.
DATES: No Federal or State decision on
the proposed action will be made until
at least 30 days after the U.S.
Environmental Protection Agency (EPA)
publishes a notice of availability of the
Final EIR/EIS. After the 30-day period,
the U.S. Department of the Interior will
sign a Record of Decision and DWR will
complete a Notice of Decision. The
Record of Decision will state the actions
that will be implemented by
Reclamation and will discuss factors
leading to the decisions.
ADDRESSES: Send requests for the Final
EIR/EIS to Brook White, Bureau of
Background
On January 24, 2008, the U.S. Fish
and Wildlife Service (USFWS) and the
National Marine Fisheries Service
(NMFS) issued a Notice of Intent (NOI)
to prepare an EIS on the BDCP (73 FR
4178). The NOI was reissued on April
15, 2008, to include Reclamation as a
co-lead Federal agency, update the
status of the planning process, and
provide revised information related to
scoping meetings (73 FR 20326). The
NOI dated April 15, 2008 identified
scoping meeting locations and stated
that written comments would be
accepted until May 30, 2008. Additional
information was later developed to
describe the proposed BDCP, and
subsequent scoping activities were
initiated on February 13, 2009, with the
publication of a revised NOI (74 FR
7257). The NOI identified scoping
meeting locations and stated that
written comments would be accepted
until May 14, 2009.
In December 2010, the California
Natural Resources Agency provided to
the public a summary of the BDCP, its
status, and a list of outstanding issues.
In 2011 and 2012, public meetings
continued in Sacramento, California, to
update stakeholders and the public on
elements of the Draft BDCP and EIR/EIS
that were being developed.
On December 13, 2013, the Draft
BDCP and associated Draft EIR/EIS were
released to the public and a 120-day
public comment period was opened
through notification in the Federal
Register (78 FR 75939). This notice
described the proposed action and a
reasonable range of alternatives. Twelve
more public meetings were held in
California in early 2014. In response to
requests from the public, the comment
period was extended for an additional
60 days and closed on June 13, 2014 (79
FR 17135). A Draft Implementing
Agreement for the BDCP was also made
available to the public on May 30, 2014,
for a 60-day review and comment
period, which closed on July 29, 2014.
The comment period for the Draft EIR/
AGENCY:
Bureau of Reclamation,
srobinson on DSK5SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:18 Dec 29, 2016
Jkt 241001
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
96485
EIS was also extended to the later date.
All draft documents are available at
www.BayDeltaConservationPlan.com.
As a result of considering comments
on the Draft BDCP, Draft EIR/EIS, and
Draft Implementing Agreement,
Reclamation and DWR proposed three
additional conveyance alternatives for
analysis in a RDEIR/SDEIS released on
July 10, 2015 (80 FR 39797). These new
alternatives, 2D, 4A, and 5A, each
contain fewer Conservation Measures
than the alternatives circulated in the
Draft EIS/EIR. Each of the new
alternatives is not structured as a
Habitat Conservation Plan/Natural
Communities Conservation Plan but is
structured to achieve compliance with
the Endangered Species Act through
consultation under Section 7 and with
the California Endangered Species Act
through the incidental take permit
process under Section 2081(b) of the
California Fish & Game Code. On July
10, 2015, the RDEIR/SDEIS was released
to the public. Comments were due on
August 31, 2015.
The RDEIR/SDEIS described and
analyzed project modifications and
refinement of the resource area analyses,
alternatives, and actions. Reclamation
became the Federal lead agency and
NMFS, USFWS, and the U.S. Army
Corps of Engineers, by virtue of their
regulatory review requirements, became
cooperating agencies for the RDEIR/
SDEIS. All other entities identified as
Cooperating Agencies through prior
agreements retained their status for the
RDEIR/SDEIS.
DWR identified Alternative 4A
(known as the California WaterFix) as
their proposed project and Reclamation
has selected Alternative 4A as the
National Environmental Policy Act
preferred alternative. This alternative
consists of a water conveyance facility
with three intakes, habitat restoration
measures necessary to minimize or
avoid project effects, and modified
versions of a subset of Conservation
Measures from the BDCP. Alternative
4A is proposed to make physical and
operational improvements to the SWP
in the Delta necessary to restore and
protect ecosystem health, water supplies
of the SWP and CVP south-of-Delta, and
water quality within a stable regulatory
framework, consistent with statutory
and contractual obligations. For further
background information, see the
December 13, 2013 Federal Register
notice for the draft EIR/EIS (78 FR
75939).
The Final EIR/EIS contains responses
to all substantive comments received on
the Draft EIR/EIS and RDEIR/SDEIS, and
reflects comments and any additional
E:\FR\FM\30DEN1.SGM
30DEN1
96486
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
information received during the review
period.
DWR’s certification of the EIR and
final decision-making under the CEQA
will not occur until at least 30 days after
EPA publishes a notice of availability of
the Final EIR/EIS. This distribution of
the Final EIR/EIS, including the written
proposed responses to comments
submitted by public agencies, is
intended to satisfy the requirement to
provide these responses to commenting
public agencies at least 10 days prior to
certification, consistent with CEQA
Guidelines Section 15088(b). In
addition, the end of the Federal Register
notice period is intended by DWR to
close the period by which any person
may submit to DWR any grounds for
noncompliance with CEQA, CA Public
Resources Code Section 21177(a).
Public Disclosure
Before including your address, phone
number, email address, or other
personal identifying information in any
correspondence, you should be aware
that your entire correspondence—
including your personal identifying
information—may be made publicly
available at any time. While you may
ask us in your correspondence to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: December 27, 2016.
Camille Touton,
Acting Principal Deputy Assistant Secretary—
Water and Science.
[FR Doc. 2016–31735 Filed 12–29–16; 8:45 am]
BILLING CODE 4332–90–P
DEPARTMENT OF JUSTICE
Antitrust Division
srobinson on DSK5SPTVN1PROD with NOTICES
United States v. AMC Entertainment
Holdings, Inc., et al.; Proposed Final
Judgment and Competitive Impact
Statement
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
15 U.S.C. 16(b)–(h), that a proposed
Final Judgment, Hold Separate
Stipulation and Order, and Competitive
Impact Statement have been filed with
the United States District Court for the
District of Columbia in United States of
America v. AMC Entertainment
Holdings, Inc., et al., Civil Action No.
1:16–cv–2475. On December 20, 2016,
the United States filed a Complaint
alleging that the proposed acquisition
by AMC Entertainment Holdings, Inc. of
Carmike Cinemas, Inc. would violate
Section 7 of the Clayton Act, 15 U.S.C.
VerDate Sep<11>2014
20:15 Dec 29, 2016
Jkt 241001
18. The proposed Final Judgment, filed
at the same time as the Complaint,
requires AMC to divest certain theatre
assets, reduce its equity holdings and
relinquish its governance rights in
National CineMedia, LLC, and complete
screen transfers to the cinema
advertising network of Screenvision,
LLC.
Copies of the Complaint, proposed
Final Judgment, Hold Separate
Stipulation and Order, and Competitive
Impact Statement are available for
inspection on the Antitrust Division’s
website at https://www.justice.gov/atr
and at the Office of the Clerk of the
United States District Court for the
District of Columbia. Copies of these
materials may be obtained from the
Antitrust Division upon request and
payment of the copying fee set by
Department of Justice regulations.
Public comment is invited within 60
days of the date of this notice. Such
comments, including the name of the
submitter, and responses thereto, will be
posted on the Antitrust Division’s
website, filed with the Court, and, under
certain circumstances, published in the
Federal Register.Comments should be
directed to Owen M. Kendler, Acting
Chief, Litigation III Section, Antitrust
Division, Department of Justice, 450
Fifth Street N.W., Suite 4000,
Washington, DC 20530 (telephone: 202–
305–8376).
Patricia A. Brink,
Director of Civil Enforcement.
United States District Court for the
District of Columbia
United States of America, Antitrust
Division, 450 Fifth Street NW., Suite
4000, Washington, DC 20530, Plaintiff,
v. AMC Entertainment Holdings, Inc.,
One AMC Way, 11500 Ash Street,
Leawood, KS 64105, and, Carmike
Cinemas, Inc., 1301 First Avenue,
Columbus, GA 31901, Defendants.
Case No.: 1:16–cv–02475.
Judge: Randolph D. Moss.
Filed: 12/20/2016.
Complaint
The United States of America, acting
under the direction of the Attorney
General of the United States, brings this
civil antitrust action to prevent the
proposed acquisition by Defendant
AMC Entertainment Holdings, Inc.
(‘‘AMC’’) of all of the outstanding voting
securities of Defendant Carmike
Cinemas, Inc. (‘‘Carmike’’).
I. Nature of Action
1. AMC is a significant competitor to
Carmike in the exhibition of first-run
commercial movies in multiple areas
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
around the United States, including the
areas in and around Montgomery,
Alabama; Destin and Miramar Beach,
Florida; Orange Park and Fleming
Island, Florida; Cumming, Georgia;
Lithonia and Conyers, Georgia;
Crestwood and Lansing, Illinois; Normal
and Bloomington, Illinois; Pekin, Peoria,
and Washington, Illinois; Inver Grove
Heights and Oakdale, Minnesota; Coon
Rapids and Mounds View, Minnesota;
Rockaway and Sparta, New Jersey;
Westfield and Cranford, New Jersey;
Lawton, Oklahoma; Allentown and
Center Valley, Pennsylvania; and
Madison and Fitchburg, Wisconsin
(collectively, the ‘‘Local Markets’’). If
AMC acquires Carmike, AMC would
obtain direct control of one of its most
significant competitors in the Local
Markets, likely resulting in higher ticket
prices and/or a lower quality viewing
experience for moviegoers in these
areas.
2. AMC is also a founding member of
National CineMedia, LLC (‘‘NCM’’)—the
nation’s largest provider of preshow
services to exhibitors—and remains one
of NCM’s largest investors and
exhibitors. Carmike is the largest
exhibitor in the network of NCM’s main
competitor, Screenvision Exhibitions,
Inc. (‘‘Screenvision’’), and is one of
Screenvision’s largest investors. NCM
and Screenvision are the country’s two
leading preshow cinema advertising
networks and together cover over 80%
of movie theatre screens in the United
States. If AMC’s proposed acquisition of
Carmike were to proceed, it would
likely weaken competition between
NCM and Screenvision because they
would have a significant common
owner. In addition, the proposed merger
would undermine Screenvision’s ability
to compete for advertisers and
exhibitors because, as explained below,
Screenvision will no longer be able to
rely on Carmike’s growth to expand its
network. The loss of competition in the
markets for preshow services and
cinema advertising will likely result in
lower preshow services revenues to
exhibitors, higher prices to cinema
advertisers, and lower quality preshow
services and advertising.
3. Accordingly, AMC’s proposed
acquisition of Carmike likely would
substantially lessen competition in each
of the Local Markets for the exhibition
of first-run, commercial movies and in
the markets for the sale of preshow
services to exhibitors and the sale of
cinema advertising to advertisers in the
United States in violation of Section 7
of the Clayton Act, 15 U.S.C. 18, and
should be enjoined.
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96485-96486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31735]
[[Page 96485]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR02800000, 17XR0687ND, RX185279142060200]
Notice of Availability of the Final Environmental Impact Report/
Final Environmental Impact Statement, Bay Delta Conservation Plan/
California WaterFix
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Reclamation (Reclamation), in coordination with
the California Department of Water Resources (DWR), has prepared a
Final Environmental Impact Report/Final Environmental Impact Statement
(Final EIR/EIS) for the Bay Delta Conservation Plan/California WaterFix
pursuant to the California Environmental Quality Act (CEQA) and the
National Environmental Policy Act (NEPA). The DWR proposes to implement
a strategy to help restore ecological functions of the Delta and
improve water supply reliability in the state of California. The Final
EIR/EIS describes and analyzes potential environmental impacts of
alternatives and identifies mitigation measures to help avoid or
minimize impacts. The initial approach focused on a Habitat
Conservation Plan, referred to as the Bay Delta Conservation Plan
(BDCP), which included modifications to the State Water Project (SWP)
and associated Conservation Measures. A new alternative strategy
emerged after public input on the Draft EIR/EIS and was further refined
in a Recirculated Draft EIR/Supplemental Draft EIS (RDEIR/SDEIS). This
new strategy, the California Waterfix, focuses on a new water
conveyance facility, habitat restoration measures necessary to minimize
or avoid project effects, and a revised set of Conservation Measures.
Endangered Species Act compliance would be achieved through Section 7
consultation.
DATES: No Federal or State decision on the proposed action will be made
until at least 30 days after the U.S. Environmental Protection Agency
(EPA) publishes a notice of availability of the Final EIR/EIS. After
the 30-day period, the U.S. Department of the Interior will sign a
Record of Decision and DWR will complete a Notice of Decision. The
Record of Decision will state the actions that will be implemented by
Reclamation and will discuss factors leading to the decisions.
ADDRESSES: Send requests for the Final EIR/EIS to Brook White, Bureau
of Reclamation, Mid-Pacific Region, Bay-Delta Office, 801 I Street,
Suite 140, Sacramento, CA 95814-2536, by calling (916) 414-2402, or
emailing bwhite@usbr.gov.
To view or download the Final EIR/EIS, or for a list of locations
to view hard-bound copies, go to www.baydeltaconservationplan.com.
FOR FURTHER INFORMATION CONTACT: Brook White, Bureau of Reclamation,
(916) 414-2402, or by email at bwhite@usbr.gov.
SUPPLEMENTARY INFORMATION:
Background
On January 24, 2008, the U.S. Fish and Wildlife Service (USFWS) and
the National Marine Fisheries Service (NMFS) issued a Notice of Intent
(NOI) to prepare an EIS on the BDCP (73 FR 4178). The NOI was reissued
on April 15, 2008, to include Reclamation as a co-lead Federal agency,
update the status of the planning process, and provide revised
information related to scoping meetings (73 FR 20326). The NOI dated
April 15, 2008 identified scoping meeting locations and stated that
written comments would be accepted until May 30, 2008. Additional
information was later developed to describe the proposed BDCP, and
subsequent scoping activities were initiated on February 13, 2009, with
the publication of a revised NOI (74 FR 7257). The NOI identified
scoping meeting locations and stated that written comments would be
accepted until May 14, 2009.
In December 2010, the California Natural Resources Agency provided
to the public a summary of the BDCP, its status, and a list of
outstanding issues. In 2011 and 2012, public meetings continued in
Sacramento, California, to update stakeholders and the public on
elements of the Draft BDCP and EIR/EIS that were being developed.
On December 13, 2013, the Draft BDCP and associated Draft EIR/EIS
were released to the public and a 120-day public comment period was
opened through notification in the Federal Register (78 FR 75939). This
notice described the proposed action and a reasonable range of
alternatives. Twelve more public meetings were held in California in
early 2014. In response to requests from the public, the comment period
was extended for an additional 60 days and closed on June 13, 2014 (79
FR 17135). A Draft Implementing Agreement for the BDCP was also made
available to the public on May 30, 2014, for a 60-day review and
comment period, which closed on July 29, 2014. The comment period for
the Draft EIR/EIS was also extended to the later date. All draft
documents are available at www.BayDeltaConservationPlan.com.
As a result of considering comments on the Draft BDCP, Draft EIR/
EIS, and Draft Implementing Agreement, Reclamation and DWR proposed
three additional conveyance alternatives for analysis in a RDEIR/SDEIS
released on July 10, 2015 (80 FR 39797). These new alternatives, 2D,
4A, and 5A, each contain fewer Conservation Measures than the
alternatives circulated in the Draft EIS/EIR. Each of the new
alternatives is not structured as a Habitat Conservation Plan/Natural
Communities Conservation Plan but is structured to achieve compliance
with the Endangered Species Act through consultation under Section 7
and with the California Endangered Species Act through the incidental
take permit process under Section 2081(b) of the California Fish & Game
Code. On July 10, 2015, the RDEIR/SDEIS was released to the public.
Comments were due on August 31, 2015.
The RDEIR/SDEIS described and analyzed project modifications and
refinement of the resource area analyses, alternatives, and actions.
Reclamation became the Federal lead agency and NMFS, USFWS, and the
U.S. Army Corps of Engineers, by virtue of their regulatory review
requirements, became cooperating agencies for the RDEIR/SDEIS. All
other entities identified as Cooperating Agencies through prior
agreements retained their status for the RDEIR/SDEIS.
DWR identified Alternative 4A (known as the California WaterFix) as
their proposed project and Reclamation has selected Alternative 4A as
the National Environmental Policy Act preferred alternative. This
alternative consists of a water conveyance facility with three intakes,
habitat restoration measures necessary to minimize or avoid project
effects, and modified versions of a subset of Conservation Measures
from the BDCP. Alternative 4A is proposed to make physical and
operational improvements to the SWP in the Delta necessary to restore
and protect ecosystem health, water supplies of the SWP and CVP south-
of-Delta, and water quality within a stable regulatory framework,
consistent with statutory and contractual obligations. For further
background information, see the December 13, 2013 Federal Register
notice for the draft EIR/EIS (78 FR 75939).
The Final EIR/EIS contains responses to all substantive comments
received on the Draft EIR/EIS and RDEIR/SDEIS, and reflects comments
and any additional
[[Page 96486]]
information received during the review period.
DWR's certification of the EIR and final decision-making under the
CEQA will not occur until at least 30 days after EPA publishes a notice
of availability of the Final EIR/EIS. This distribution of the Final
EIR/EIS, including the written proposed responses to comments submitted
by public agencies, is intended to satisfy the requirement to provide
these responses to commenting public agencies at least 10 days prior to
certification, consistent with CEQA Guidelines Section 15088(b). In
addition, the end of the Federal Register notice period is intended by
DWR to close the period by which any person may submit to DWR any
grounds for noncompliance with CEQA, CA Public Resources Code Section
21177(a).
Public Disclosure
Before including your address, phone number, email address, or
other personal identifying information in any correspondence, you
should be aware that your entire correspondence--including your
personal identifying information--may be made publicly available at any
time. While you may ask us in your correspondence to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Dated: December 27, 2016.
Camille Touton,
Acting Principal Deputy Assistant Secretary--Water and Science.
[FR Doc. 2016-31735 Filed 12-29-16; 8:45 am]
BILLING CODE 4332-90-P
