Notice of Intent To Prepare a Draft Environmental Impact Statement for the Proposed Federal Correctional Institution and Federal Prison Camp in Letcher County, Kentucky, 58822-58824 [2022-20795]
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lotter on DSK11XQN23PROD with NOTICES1
58822
Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Notices
Prehearing briefs must conform with the
provisions of § 207.23 of the
Commission’s rules; the deadline for
filing is December 7, 2022. Parties shall
also file written testimony in connection
with their presentation at the hearing,
and posthearing briefs, which must
conform with the provisions of section
207.25 of the Commission’s rules. The
deadline for filing posthearing briefs is
December 22, 2022. In addition, any
person who has not entered an
appearance as a party to the
investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petitions, on or before
December 22, 2022. On January 13,
2023, the Commission will make
available to parties all information on
which they have not had an opportunity
to comment. Parties may submit final
comments on this information on or
before January 18, 2023, but such final
comments must not contain new factual
information and must otherwise comply
with § 207.30 of the Commission’s rules.
All written submissions must conform
with the provisions of § 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of §§ 201.6, 207.3, and
207.7 of the Commission’s rules. The
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Commission’s website at https://
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on_filing_procedures.pdf, elaborates
upon the Commission’s procedures with
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Additional written submissions to the
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pursuant to § 201.12 of the
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In accordance with §§ 201.16(c) and
207.3 of the Commission’s rules, each
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service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
For further information concerning
this proceeding see the Commission’s
notice cited above and the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
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E (19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Authority: These investigations are
being conducted under authority of title
VII of the Tariff Act of 1930; this notice
is published pursuant to § 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: September 22, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022–20913 Filed 9–27–22; 8:45 am]
BILLING CODE 7020–02–P
develop new facilities and
infrastructure.
To address the need for modern,
efficient, and cost-effective institutions,
the Bureau is proposing to construct and
operate a new medium-security Federal
Correctional Institution (FCI) and an
adjoining minimum-security Federal
Prison Camp (FPC) in Letcher County,
Kentucky. The FCI and FPC would be
designed to house approximately 1,152
adult males and 256 adult males,
respectively, and serve the needs of the
Bureau’s Mid-Atlantic Region.
Compliance With the National
Environmental Policy Act
DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
Notice of Intent To Prepare a Draft
Environmental Impact Statement for
the Proposed Federal Correctional
Institution and Federal Prison Camp in
Letcher County, Kentucky
Federal Bureau of Prisons, U.S.
Department of Justice.
ACTION: Notice of intent to prepare a
Draft Environmental Impact Statement
for the Proposed Federal Correctional
Institution and Federal Prison Camp in
Letcher County, Kentucky.
AGENCY:
Pursuant to the National
Environmental Policy Act (NEPA) of
1969, as implemented by the Council on
Environmental Quality and Federal
Bureau of Prisons (Bureau) regulations,
the Bureau announces its intent to
prepare a Draft Environmental Impact
Statement (DEIS) for the ‘‘Proposed
Federal Correctional Institution and
Federal Prison Camp Letcher County,
Kentucky.’’
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
The Bureau’s mission is to protect
society by confining offenders in the
controlled environments of prisons and
community-based facilities that are safe,
humane, cost-efficient, appropriately
secure, and provide work and other selfimprovement opportunities to assist
offenders in becoming law-abiding
citizens. A growing challenge to
successfully performing that mission is
the increasing number of federal
correctional facilities and supporting
infrastructure that were constructed
over 50 years ago (the approximate
design life of such facilities), resulting
in a continuous need to maintain
existing facilities, and when necessary,
PO 00000
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Fmt 4703
Sfmt 4703
Development and operation of a new
FCI and FPC is considered to be an
action potentially significantly affecting
the quality of the human environment.
Therefore, the Bureau must comply with
NEPA to ensure that the environmental
consequences of such a federal action
are adequately considered. This DEIS
will be prepared to ensure that the
potential environmental impacts
associated with the proposed action are
thoroughly documented and that
compliance is achieved with NEPA as
well as with other environmental
statutes including but not limited to: the
Coastal Zone Management Act of 1972;
the Clean Air Act of 1974; the Clean
Water Act and Amendments, the
Endangered Species Act of 1973 (ESA);
the National Historic Preservation Act
(NHPA) of 1966; and the Farmland
Protection Policy Act (FPPA), among
other laws, regulations and Executive
Orders.
Preparation of environmental
documentation and its consideration by
federal, state, and local officials,
regulatory agencies, stakeholders, and
the public will be carried out to
demonstrate that the Bureau
understands and fully considers the
potential environmental impacts
associated with the proposed action.
This includes consideration to the
potential impacts associated with
correctional institution construction and
operation and attainment of the project’s
objectives.
In 2006, Congress authorized and
directed the Bureau to initiate various
investigations for development of a new
federal correctional facility in Letcher
County. In accordance with Congress’
directive, the Bureau conducted a wide
range of technical investigations and
studies and published multiple EISs in
conformance with NEPA as summarized
below.
E:\FR\FM\28SEN1.SGM
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Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Notices
Date
Title
2006 ..............................
Congressional authorization.
Notice of Intent to Prepare a Draft Environmental Impact
Statement.
Public Scoping Meeting Held.
Draft Environmental
Impact Statement.
July 2013 .......................
August 2013 ..................
February 2015 ...............
March 2015 ...................
July 2015 .......................
March 2016 ...................
lotter on DSK11XQN23PROD with NOTICES1
November 2016 .............
Description
DEIS Public Meeting
Held.
Final Environmental
Impact Statement.
Revised Final Environmental Impact Statement.
Notice of Intent to Prepare a Supplemental
Revised Final Environmental Impact
Statement.
March 2017 ...................
Draft Supplemental
Revised Final Environmental Impact
Statement.
September 2017 ............
Final Supplemental
Revised Final Environmental Impact
Statement.
March 2018 ...................
Record of Decision .....
July 2019 .......................
Withdrawal of Record
of Decision.
September 2022 ............
Notice of Intent to Prepare a Draft Environmental Impact
Statement.
While the Congressional directive to
the Bureau to develop a new USP in
Letcher County remains, the Bureau has
been reevaluating the proposed project
since the Record of Decision was
withdrawn. During that time, the
Bureau determined that the need to
house medium-security inmates in a
new FCI supersedes the need to house
high-security inmates in a new USP.
Design, construction, and operation of a
high-security USP differs greatly from a
medium-security FCI with the potential
environmental impacts of its
VerDate Sep<11>2014
18:06 Sep 27, 2022
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58823
Bureau directed to undertake planning for a new high-security United States Penitentiary
(USP) in Letcher County, Kentucky.
Published notice of the Bureau’s intent to prepare a DEIS for development of a USP and
FPC on properties located in Letcher County, Kentucky. The proposed sites subjected to
study consisted of non-Bureau properties located near the City of Whitesburg.
Held a public scoping meeting to inform the public about the proposed project and to explain
NEPA and the associated environmental impact analysis.
Evaluated potential impacts to the natural and man-made environments resulting from development and operation of a proposed USP and FPC at two alternative sites in Letcher
County: Alternative 1—Payne Gap Site and Alternative 2—Roxana Site.
Held a public meeting to seek public input and comments concerning the proposed project
and DEIS analysis.
Evaluated potential impacts to the natural and man-made environments resulting from development and operation of a proposed USP and FPC at two alternative sites in Letcher
County: Alternative 1—Payne Gap Site and Alternative 2—Roxana Site. Identified the
Roxana Site as the preferred alternative for development and operation of new facilities
as best meeting the project goals and objectives and, on balance, would have fewer impacts to the environment. The FEIS included updated information contained in DEIS and
responded to public comments received concerning the DEIS.
Superseded the FEIS published in July 2015, which was withdrawn after consideration of
comments received following its publication and to address inconsistencies in the FEIS.
Provided notice of the Bureau’s intent to prepare a Supplement to the Revised FEIS for the
proposed USP and FPC in Letcher County. Preparation of the Supplement was necessary
to address changes in the proposed action and new circumstances or information relevant
to potential environmental impacts including a reduction in available land area of the Roxana Site necessitating changes to the facilities layout evaluated for Alternative 2—Roxana
Site.
Draft Supplemental Revised FEIS incorporated by reference and expanded upon the analyses presented in the Revised FEIS. The Draft Supplement addressed new circumstances
or information relevant to potential environmental impacts. Specifically, a reduction in
available land area of the Roxana Site necessitated modifying the facilities layout evaluated for Alternative 2—Roxana Site in the Revised FEIS which identified Modified Alternative 2—Roxana Site as the preferred alternative.
Evaluated potential impacts to the natural and man-made environments resulting from development and operation of a proposed USP and FPC at two alternative sites in Letcher
County. Identified Modified Alternative 2—Roxana Site as the preferred alternative. Incorporated by reference and built upon the analyses presented in the Revised FEIS. Addressed changes in the proposed action and assessed new circumstances or information
relevant to potential environmental impacts.
Director of the Federal Bureau of Prisons selected Modified Alternative 2—Roxana Site for
land acquisition and development of a USP and FPC in Letcher County. The decision was
made following consideration of potential environmental consequences, agency and public
comments, Bureau operational, security, and management needs, and after being apprised of material in the DEIS, FEIS, Revised FEIS, and Draft and Final Supplemental Revised FEISs. Record of Decision (ROD) published to document the Bureau’s decision with
respect to the environmental review process.
Acting Director of the Federal Bureau of Prisons withdraws the ROD based on new information, which may be relevant to the environmental analysis for the proposed action, in order
to evaluate the new information more fully.
Notice of the Bureau’s intent to prepare a DEIS for development of a medium-security FCI
and FPC at alternative locations in Letcher County, Kentucky. The proposed sites to be
examined consist of non-Bureau properties located near the City of Whitesburg.
development and operation
correspondingly different.
Consistent with the guidance
provided in 40 CFR 1502.9, the DEIS
will address ‘‘substantial changes in the
proposed action that are relevant to
environmental concerns or if there are
significant new circumstances or
information relevant to environmental
concerns and bearing on the proposed
action or its impacts.’’ As a result of the
change of scope in the proposed action
(development of a medium-security FCI
vs a high-security USP), planning for a
PO 00000
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Fmt 4703
Sfmt 4703
new FCI and FPC was initiated April
2022. The Bureau will soon undertake a
new evaluation and analysis in
accordance with NEPA and the Bureau’s
NEPA implementing regulations to be
documented within a new DEIS.
Publication of the Notice of Intent to
Prepare a DEIS for development of a
new FCI and FPC in Letcher County,
Kentucky initiates a scoping period
lasting for 30 days from the date of
publication of this Notice of Intent in
the Federal Register. A similar notice
inviting federal, state, county, and local
E:\FR\FM\28SEN1.SGM
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58824
Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Notices
agencies, officials, organizations, and
the public to participate in the scoping
and DEIS study process will also
published in local newspapers.
The DEIS will analyze potential
environmental impacts that may result
from the proposed action including, but
not limited to, land use and zoning;
topography, geology, and soils; air
quality; noise; cultural resources; water
resources; and biological resources. The
DEIS analysis will also evaluate direct,
indirect, and cumulative impacts.
Relevant and reasonable measures that
could avoid or mitigate environmental
impacts will also be analyzed.
Additionally, the Bureau will undertake
any consultations required by
applicable laws or regulations.
The Bureau will issue the DEIS for a
45-day public comment period, during
which time a public meeting will be
held. A notice of availability of the DEIS
and a notice of public meeting will be
published in the Federal Register and in
area newspapers in advance of the
release of the DEIS and the public
meeting. Those notices will identify
further details about the public meeting,
the means to view a copy of the DEIS,
and the specific opportunities and
methods for the public to provide
comments on the proposed action and
DEIS. Anyone wishing to receive
notifications regarding the proposed
project and DEIS are requested to
contact the Bureau’s Site Selection
Specialist at the address shown below.
Following issuance of the DEIS and
completion of the 45-day public
comment period on the DEIS, the
Bureau will issue a Final EIS (FEIS) that
will include comments received during
the public comment period on the DEIS.
The FEIS will also include the Bureau’s
response to substantive comments
received on the DEIS. Following
publication of the FEIS, a 30-day review
period will be provided. No action will
be taken to implement any of the
proposed alternatives until completion
of the 30-day review period on the FEIS
and issuance of a Record of Decision by
the Director of the Bureau.
lotter on DSK11XQN23PROD with NOTICES1
Contact
Questions concerning the proposed
action and the DEIS may be directed to
Kimberly S. Hudson, COR, Site
Selection Specialist, Construction &
Environmental Review Branch, U.S.
Department of Justice, Federal Bureau of
Prisons, 320 First Street NW, Room
901–5 West, Washington, DC 20534;
email: kshudson@bop.gov or by visiting
the project website at: https://
www.proposed-fci-letchercountyky.com.
VerDate Sep<11>2014
18:06 Sep 27, 2022
Jkt 256001
Dated: September 28, 2022.
Kimberly S. Hudson,
Site Selection Specialist, Construction &
Environmental Review Branch.
[FR Doc. 2022–20795 Filed 9–27–22; 8:45 am]
BILLING CODE P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (22–075)]
Notice of Intent To Grant an Exclusive,
Co-Exclusive or Partially Exclusive
Patent License
National Aeronautics and
Space Administration.
ACTION: Notice of intent to grant
exclusive, co-exclusive or partially
exclusive patent license.
AGENCY:
NASA hereby gives notice of
its intent to grant an Exclusive, CoExclusive or Partially Exclusive Patent
License to practice the inventions
described and claimed in the patents
and/or patent applications listed in
SUPPLEMENTARY INFORMATION below.
DATES: The prospective Exclusive, CoExclusive or Partially Exclusive Patent
License may be granted unless NASA
receives written objections including
evidence and argument, no later than
October 13, 2022 that establish that the
grant of the license would not be
consistent with the requirements
regarding the licensing of federally
owned inventions as set forth in the
Bayh-Dole Act and implementing
regulations. Competing applications
completed and received by NASA no
later than October 13, 2022 will also be
treated as objections to the grant of the
contemplated Exclusive, Co-Exclusive
or Partially Exclusive Patent License.
Objections submitted in response to this
notice will not be made available to the
public for inspection and, to the extent
permitted by law, will not be released
under the Freedom of Information Act.
OBJECTIONS AND FURTHER INFORMATION:
Written objections relating to the
prospective license or requests for
further information may be submitted to
Agency Counsel for Intellectual
Property, NASA Headquarters at Email:
hq-patentoffice@mail.nasa.gov.
Questions may be directed to Phone:
(202) 358–3437.
SUPPLEMENTARY INFORMATION: NASA
intends to grant an Exclusive, CoExclusive or Partially Exclusive Patent
License in the United States to practice
the inventions described and claimed
in: U.S. Patent No. 6,953,129 titled
‘‘Pressure Vessel With Impact and Fire
Resistant Coating and Method of Making
SUMMARY:
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
Same,’’ U.S. Patent No. 8,561,829 titled
‘‘Composite Pressure Vessel Including
Crack Arresting Barrier,’’ U.S. Patent
No. 8,297,468 titled ‘‘Fuel Tank for
Liquefied Natural Gas,’’ U.S. Patent No.
7,867,589 titled ‘‘Hybrid Cryogenic
Tank Construction and Method of
Manufacture Therefor,’’ U.S. Patent No.
7,641,949 titled ‘‘Pressure Vessel With
Improved Impact Resistance and
Method of Making the Same,’’ to
Hanwha Cimarron, having its principal
place of business in Huntsville, AL. The
fields of use may be limited. NASA has
not yet made a final determination to
grant the requested license and may
deny the requested license even if no
objections are submitted within the
comment period.
This notice of intent to grant an
Exclusive, Co-Exclusive or Partially
Exclusive Patent License is issued in
accordance with 35 U.S.C. 209(e) and 37
CFR 404.7(a)(1)(i). The patent rights in
these inventions have been assigned to
the United States of America as
represented by the Administrator of the
National Aeronautics and Space
Administration. The prospective license
will comply with the requirements of 35
U.S.C. 209 and 37 CFR 404.7.
Information about other NASA
inventions available for licensing can be
found online at https://technology.
nasa.gov.
Helen M. Galus,
Agency Counsel for Intellectual Property.
[FR Doc. 2022–21034 Filed 9–27–22; 8:45 am]
BILLING CODE 7510–13–P
EXECUTIVE OFFICE OF THE
PRESIDENT
Office of National Drug Control Policy
Paperwork Reduction Act; Proposed
Collection; Comment Request;
Revisions of Currently Approved
Collection: Drug-Free Communities
(DFC) Support Program and CARA
Local Drug Crisis Program National
Evaluation
Office of National Drug Control
Policy.
ACTION: 30-Day notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, the
Office of National Drug Control Policy
(ONDCP) announces it will submit to
the Office of Management and Budget
(OMB) Office of Information and
Regulatory Affairs (OIRA) an
information collection request (ICR).
The Federal Register notice that
solicited public comment on the
SUMMARY:
E:\FR\FM\28SEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58822-58824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20795]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
Notice of Intent To Prepare a Draft Environmental Impact
Statement for the Proposed Federal Correctional Institution and Federal
Prison Camp in Letcher County, Kentucky
AGENCY: Federal Bureau of Prisons, U.S. Department of Justice.
ACTION: Notice of intent to prepare a Draft Environmental Impact
Statement for the Proposed Federal Correctional Institution and Federal
Prison Camp in Letcher County, Kentucky.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of
1969, as implemented by the Council on Environmental Quality and
Federal Bureau of Prisons (Bureau) regulations, the Bureau announces
its intent to prepare a Draft Environmental Impact Statement (DEIS) for
the ``Proposed Federal Correctional Institution and Federal Prison Camp
Letcher County, Kentucky.''
SUPPLEMENTARY INFORMATION:
Background
The Bureau's mission is to protect society by confining offenders
in the controlled environments of prisons and community-based
facilities that are safe, humane, cost-efficient, appropriately secure,
and provide work and other self-improvement opportunities to assist
offenders in becoming law-abiding citizens. A growing challenge to
successfully performing that mission is the increasing number of
federal correctional facilities and supporting infrastructure that were
constructed over 50 years ago (the approximate design life of such
facilities), resulting in a continuous need to maintain existing
facilities, and when necessary, develop new facilities and
infrastructure.
To address the need for modern, efficient, and cost-effective
institutions, the Bureau is proposing to construct and operate a new
medium-security Federal Correctional Institution (FCI) and an adjoining
minimum-security Federal Prison Camp (FPC) in Letcher County, Kentucky.
The FCI and FPC would be designed to house approximately 1,152 adult
males and 256 adult males, respectively, and serve the needs of the
Bureau's Mid-Atlantic Region.
Compliance With the National Environmental Policy Act
Development and operation of a new FCI and FPC is considered to be
an action potentially significantly affecting the quality of the human
environment. Therefore, the Bureau must comply with NEPA to ensure that
the environmental consequences of such a federal action are adequately
considered. This DEIS will be prepared to ensure that the potential
environmental impacts associated with the proposed action are
thoroughly documented and that compliance is achieved with NEPA as well
as with other environmental statutes including but not limited to: the
Coastal Zone Management Act of 1972; the Clean Air Act of 1974; the
Clean Water Act and Amendments, the Endangered Species Act of 1973
(ESA); the National Historic Preservation Act (NHPA) of 1966; and the
Farmland Protection Policy Act (FPPA), among other laws, regulations
and Executive Orders.
Preparation of environmental documentation and its consideration by
federal, state, and local officials, regulatory agencies, stakeholders,
and the public will be carried out to demonstrate that the Bureau
understands and fully considers the potential environmental impacts
associated with the proposed action. This includes consideration to the
potential impacts associated with correctional institution construction
and operation and attainment of the project's objectives.
In 2006, Congress authorized and directed the Bureau to initiate
various investigations for development of a new federal correctional
facility in Letcher County. In accordance with Congress' directive, the
Bureau conducted a wide range of technical investigations and studies
and published multiple EISs in conformance with NEPA as summarized
below.
[[Page 58823]]
----------------------------------------------------------------------------------------------------------------
Date Title Description
----------------------------------------------------------------------------------------------------------------
2006................................. Congressional Bureau directed to undertake planning for a new
authorization. high-security United States Penitentiary (USP)
in Letcher County, Kentucky.
July 2013............................ Notice of Intent to Published notice of the Bureau's intent to
Prepare a Draft prepare a DEIS for development of a USP and FPC
Environmental Impact on properties located in Letcher County,
Statement. Kentucky. The proposed sites subjected to study
consisted of non-Bureau properties located near
the City of Whitesburg.
August 2013.......................... Public Scoping Meeting Held a public scoping meeting to inform the
Held. public about the proposed project and to
explain NEPA and the associated environmental
impact analysis.
February 2015........................ Draft Environmental Evaluated potential impacts to the natural and
Impact Statement. man-made environments resulting from
development and operation of a proposed USP and
FPC at two alternative sites in Letcher County:
Alternative 1--Payne Gap Site and Alternative
2--Roxana Site.
March 2015........................... DEIS Public Meeting Held a public meeting to seek public input and
Held. comments concerning the proposed project and
DEIS analysis.
July 2015............................ Final Environmental Evaluated potential impacts to the natural and
Impact Statement. man-made environments resulting from
development and operation of a proposed USP and
FPC at two alternative sites in Letcher County:
Alternative 1--Payne Gap Site and Alternative
2--Roxana Site. Identified the Roxana Site as
the preferred alternative for development and
operation of new facilities as best meeting the
project goals and objectives and, on balance,
would have fewer impacts to the environment.
The FEIS included updated information contained
in DEIS and responded to public comments
received concerning the DEIS.
March 2016........................... Revised Final Superseded the FEIS published in July 2015,
Environmental Impact which was withdrawn after consideration of
Statement. comments received following its publication and
to address inconsistencies in the FEIS.
November 2016........................ Notice of Intent to Provided notice of the Bureau's intent to
Prepare a Supplemental prepare a Supplement to the Revised FEIS for
Revised Final the proposed USP and FPC in Letcher County.
Environmental Impact Preparation of the Supplement was necessary to
Statement. address changes in the proposed action and new
circumstances or information relevant to
potential environmental impacts including a
reduction in available land area of the Roxana
Site necessitating changes to the facilities
layout evaluated for Alternative 2--Roxana
Site.
March 2017........................... Draft Supplemental Draft Supplemental Revised FEIS incorporated by
Revised Final reference and expanded upon the analyses
Environmental Impact presented in the Revised FEIS. The Draft
Statement. Supplement addressed new circumstances or
information relevant to potential environmental
impacts. Specifically, a reduction in available
land area of the Roxana Site necessitated
modifying the facilities layout evaluated for
Alternative 2--Roxana Site in the Revised FEIS
which identified Modified Alternative 2--Roxana
Site as the preferred alternative.
September 2017....................... Final Supplemental Evaluated potential impacts to the natural and
Revised Final man-made environments resulting from
Environmental Impact development and operation of a proposed USP and
Statement. FPC at two alternative sites in Letcher County.
Identified Modified Alternative 2--Roxana Site
as the preferred alternative. Incorporated by
reference and built upon the analyses presented
in the Revised FEIS. Addressed changes in the
proposed action and assessed new circumstances
or information relevant to potential
environmental impacts.
March 2018........................... Record of Decision..... Director of the Federal Bureau of Prisons
selected Modified Alternative 2--Roxana Site
for land acquisition and development of a USP
and FPC in Letcher County. The decision was
made following consideration of potential
environmental consequences, agency and public
comments, Bureau operational, security, and
management needs, and after being apprised of
material in the DEIS, FEIS, Revised FEIS, and
Draft and Final Supplemental Revised FEISs.
Record of Decision (ROD) published to document
the Bureau's decision with respect to the
environmental review process.
July 2019............................ Withdrawal of Record of Acting Director of the Federal Bureau of Prisons
Decision. withdraws the ROD based on new information,
which may be relevant to the environmental
analysis for the proposed action, in order to
evaluate the new information more fully.
September 2022....................... Notice of Intent to Notice of the Bureau's intent to prepare a DEIS
Prepare a Draft for development of a medium-security FCI and
Environmental Impact FPC at alternative locations in Letcher County,
Statement. Kentucky. The proposed sites to be examined
consist of non-Bureau properties located near
the City of Whitesburg.
----------------------------------------------------------------------------------------------------------------
While the Congressional directive to the Bureau to develop a new
USP in Letcher County remains, the Bureau has been reevaluating the
proposed project since the Record of Decision was withdrawn. During
that time, the Bureau determined that the need to house medium-security
inmates in a new FCI supersedes the need to house high-security inmates
in a new USP. Design, construction, and operation of a high-security
USP differs greatly from a medium-security FCI with the potential
environmental impacts of its development and operation correspondingly
different.
Consistent with the guidance provided in 40 CFR 1502.9, the DEIS
will address ``substantial changes in the proposed action that are
relevant to environmental concerns or if there are significant new
circumstances or information relevant to environmental concerns and
bearing on the proposed action or its impacts.'' As a result of the
change of scope in the proposed action (development of a medium-
security FCI vs a high-security USP), planning for a new FCI and FPC
was initiated April 2022. The Bureau will soon undertake a new
evaluation and analysis in accordance with NEPA and the Bureau's NEPA
implementing regulations to be documented within a new DEIS.
Publication of the Notice of Intent to Prepare a DEIS for
development of a new FCI and FPC in Letcher County, Kentucky initiates
a scoping period lasting for 30 days from the date of publication of
this Notice of Intent in the Federal Register. A similar notice
inviting federal, state, county, and local
[[Page 58824]]
agencies, officials, organizations, and the public to participate in
the scoping and DEIS study process will also published in local
newspapers.
The DEIS will analyze potential environmental impacts that may
result from the proposed action including, but not limited to, land use
and zoning; topography, geology, and soils; air quality; noise;
cultural resources; water resources; and biological resources. The DEIS
analysis will also evaluate direct, indirect, and cumulative impacts.
Relevant and reasonable measures that could avoid or mitigate
environmental impacts will also be analyzed. Additionally, the Bureau
will undertake any consultations required by applicable laws or
regulations.
The Bureau will issue the DEIS for a 45-day public comment period,
during which time a public meeting will be held. A notice of
availability of the DEIS and a notice of public meeting will be
published in the Federal Register and in area newspapers in advance of
the release of the DEIS and the public meeting. Those notices will
identify further details about the public meeting, the means to view a
copy of the DEIS, and the specific opportunities and methods for the
public to provide comments on the proposed action and DEIS. Anyone
wishing to receive notifications regarding the proposed project and
DEIS are requested to contact the Bureau's Site Selection Specialist at
the address shown below.
Following issuance of the DEIS and completion of the 45-day public
comment period on the DEIS, the Bureau will issue a Final EIS (FEIS)
that will include comments received during the public comment period on
the DEIS. The FEIS will also include the Bureau's response to
substantive comments received on the DEIS. Following publication of the
FEIS, a 30-day review period will be provided. No action will be taken
to implement any of the proposed alternatives until completion of the
30-day review period on the FEIS and issuance of a Record of Decision
by the Director of the Bureau.
Contact
Questions concerning the proposed action and the DEIS may be
directed to Kimberly S. Hudson, COR, Site Selection Specialist,
Construction & Environmental Review Branch, U.S. Department of Justice,
Federal Bureau of Prisons, 320 First Street NW, Room 901-5 West,
Washington, DC 20534; email: [email protected] or by visiting the
project website at: https://www.proposed-fci-letchercountyky.com.
Dated: September 28, 2022.
Kimberly S. Hudson,
Site Selection Specialist, Construction & Environmental Review Branch.
[FR Doc. 2022-20795 Filed 9-27-22; 8:45 am]
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