81_FR_67606 81 FR 67416 - New England Transrail, LLC, d/b/a Wilmington & Woburn Terminal Railway-Construction, Acquisition and Operation Exemption-in Wilmington and Woburn, Mass.

81 FR 67416 - New England Transrail, LLC, d/b/a Wilmington & Woburn Terminal Railway-Construction, Acquisition and Operation Exemption-in Wilmington and Woburn, Mass.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67416-67419
FR Document2016-23692

On June 24, 2016, New England Transrail, LLC (NET) filed a petition for exemption with the Surface Transportation Board (Board) pursuant to 49 U.S.C. 10502 and 10901 in Docket No. FD 34797 (Sub-No. 1). NET intends to acquire, construct and operate various rail lines and construct and operate transloading facilities, where goods and materials are transferred from rail to truck, in the towns of Wilmington and Woburn, Massachusetts. NET proposes to acquire 5,727 feet of existing track, to rehabilitate or construct a combined 10,838 feet of track, and to operate as a rail carrier over the total 16,565 feet of track on and adjacent to property currently owned by the Olin Corporation at 51 Eames Street in Wilmington.\1\ NET anticipates moving goods and materials (e.g. bricks, newspaper, steel, glycols, biofuels, liquid natural gas, vegetable oils, wood chips, sand, and gravel) and transloading them from rail cars directly onto trucks, into holding tanks, or into a warehouse on site for temporary storage. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67416-67419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23692]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 34797 (Sub-No. 1)]


New England Transrail, LLC, d/b/a Wilmington & Woburn Terminal 
Railway--Construction, Acquisition and Operation Exemption--in 
Wilmington and Woburn, Mass.

AGENCY: Surface Transportation Board.

ACTION: Notice of intent to prepare an environmental impact statement; 
notice of availability of the draft scope of study for the 
environmental impact statement; notice of scoping meeting; and request 
for comments on draft scope.

-----------------------------------------------------------------------

SUMMARY: On June 24, 2016, New England Transrail, LLC (NET) filed a 
petition for exemption with the Surface Transportation Board (Board) 
pursuant to 49 U.S.C. 10502 and 10901 in Docket No. FD 34797 (Sub-No. 
1). NET intends to acquire, construct and operate various rail lines 
and construct and operate transloading facilities, where goods and 
materials are transferred from rail to truck, in the towns of 
Wilmington and Woburn, Massachusetts. NET proposes to acquire 5,727 
feet of existing track, to rehabilitate or construct a combined 10,838 
feet of track, and to operate as a rail carrier over the total 16,565 
feet of track on and adjacent to property currently owned by the Olin 
Corporation at 51 Eames Street in Wilmington.\1\ NET anticipates moving 
goods and materials (e.g. bricks, newspaper, steel, glycols, biofuels, 
liquid natural gas, vegetable oils, wood chips, sand, and gravel) and 
transloading them from rail cars directly onto trucks, into holding 
tanks, or into a warehouse on site for temporary storage.
---------------------------------------------------------------------------

    \1\ Generally, Board authorization is not required for proposals 
by existing carriers to acquire or construct rail facilities and 
``excepted'' ancillary track (spur, industrial or side tracks used 
to support line-haul services). 49 U.S.C. 10906; Nicholson v. ICC, 
711 F.2d 364, 367-8 (D.C. Cir. 1983); but see Effingham R.R.--Pet. 
for Declaratory Order--Constr. at Effingham, Ill., 2 S.T.B. 606, 
609-10 (1997) (Board has licensing authority over proposal by new 
carrier to construct and operate over Sec.  10906 track that would 
constitute its entire operation).
---------------------------------------------------------------------------

    Because this project has the potential to result in significant 
environmental impacts, the Board's Office of Environmental Analysis 
(OEA) has determined that the preparation of an Environmental Impact 
Statement (EIS) is appropriate pursuant to the National Environmental 
Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.).\2\ The 
purpose of this Notice of Intent is to inform stakeholders--including 
members of the public; Tribes; federal, state, and local agencies; 
environmental groups; potential shippers and other parties--interested 
in or potentially affected by the proposed project of the decision to 
prepare an EIS. OEA will hold a public scoping meeting as part of the 
NEPA process. Oral and written comments submitted during scoping will 
assist OEA in issuing a Final Scope of Study that defines the range of 
actions, alternatives, and impacts to be considered in the EIS. The 
date and location for the public meeting, along with the Draft Scope of 
Study for review and comment, are provided below.
---------------------------------------------------------------------------

    \2\ See New Eng. Transrail, LLC--Constr., Acquis., & Operation 
Exemption--in Wilmington & Woburn, Mass., (2016 Decision) FD 34797, 
slip op. at 5 (STB served May 17, 2016).
---------------------------------------------------------------------------

Background

    I. The Prior Proceedings. In December 2003, NET filed its original 
petition for exemption for authority to acquire, construct and operate 
track to use in conjunction with a reload facility at the Olin site in 
Docket No. FD 34391. OEA \3\ conducted an environmental review and 
issued an Environmental Assessment (EA) in August 2004 and a Post-EA in 
December 2004. After issuance of the Post-EA, a number of parties 
informed the Board that NET had modified its proposed project to 
include, among other changes, the processing of municipal solid waste 
(MSW) at the facility without notifying OEA and that therefore, the 
environmental review was incomplete.
---------------------------------------------------------------------------

    \3\ OEA was formerly known as the Board's Section of 
Environmental Analysis (SEA).
---------------------------------------------------------------------------

    In May 2005, the Board issued a decision dismissing the case 
without prejudice to NET filing a new petition or application based on 
its current project plans. The Board concluded that the project had 
changed significantly from the proposal presented in the petition and 
that NET had not informed OEA of the changes until after the 
environmental review had been completed. Because the petition was 
modified to the point that analysis already performed by the Board 
became substantially deficient and required extensive revision, the 
Board found that it was appropriate to terminate the proceeding.\4\
---------------------------------------------------------------------------

    \4\ See New Eng. Transrail, LLC--Constr., Acquis., & Operation 
Exemption--in Wilmington & Woburn, Mass., FD 34391 (STB served May 
3, 2005).
---------------------------------------------------------------------------

    In December 2005, NET filed its petition for exemption in a new 
docket, Docket No. FD 34797, for acquisition, construction, and 
operation authority. NET outlined its plans to rehabilitate the 
existing track on the property and to construct new sections of track 
to support a facility to handle construction and demolition debris 
(C&D) and MSW. Following NET's filing, opposing parties argued that 
some or all of NET's planned activities would not constitute ``rail 
transportation,'' and in 2006, a coalition of parties asked the Board 
to address the threshold issue of the extent of this agency's 
jurisdiction over the proposed project. Additionally, in 2006, the U.S. 
Environmental Protection Agency (EPA) added the project site to the 
National Priorities List (NPL) under the Comprehensive Environmental 
Response, Compensation, and Liability

[[Page 67417]]

Act (CERCLA or Superfund). EPA suggested that, in order to fully 
address the proposal's effect on potentially contaminated soil and 
groundwater, the Board defer issuing even a preliminary analysis under 
NEPA of the potential environmental impacts of NET's proposal until EPA 
had completed the relevant portion of its Remedial Investigation and 
Feasibility Study (RI/FS) of the site.
    In July 2007, the Board issued a decision finding that NET would, 
if authorized, become a rail carrier subject to the Board's 
jurisdiction and thus would need authority to acquire, construct and 
operate the track. The Board also addressed the extent to which the 
handling of C&D and MSW would come within the scope of the Board's 
jurisdiction, but the issue was not decided because the Board deferred 
environmental review until EPA had completed the relevant portion of 
its RI/FS Study at the site.\5\ In May 2016, the Board lifted the 
deferral after EPA submitted a letter stating that the facts no longer 
supported continuing to defer the Board's environmental review in the 
case.\6\ The Board also directed NET to file an updated petition for 
exemption in a new sub-docket detailing its current plans for the 
site.\7\
---------------------------------------------------------------------------

    \5\ See New Eng. Transrail, LLC--Constr., Acquis., & Operation 
Exemption--in Wilmington & Woburn, Mass., FD 34797 (STB served July 
10, 2007).
    \6\ See Letter from EPA (Nov. 6, 2015).
    \7\ See 2016 Decision.
---------------------------------------------------------------------------

    II. The Instant Proceeding. On June 24, 2016, NET filed an updated 
petition for exemption outlining its current proposal with the Board in 
Docket No. FD 34797 (Sub-No. 1).\8\ As stated above, NET proposes to 
acquire, construct and operate track and to construct and operate 
transloading facilities on and adjacent to the Olin site. NET plans to 
move goods and materials, including bricks, newspaper, steel, glycols, 
biofuels, liquid natural gas, vegetable oils, wood chips, sand, and 
gravel and transload them from rail cars directly onto trucks, into 
holding tanks, or into a warehouse on site for temporary storage. This 
Notice of Intent initiates the EIS process and scoping for this 
proceeding.
---------------------------------------------------------------------------

    \8\ NET's current plans do not include operating a municipal 
solid waste transfer station at the facility.
---------------------------------------------------------------------------

    Date and Location of Public Scoping Meeting: The public scoping 
meeting will be held at the following location on the date listed:

 October 25, 2016; 5:30-8:00 p.m. at Wilmington Middle School, 
25 Carter Lane, Wilmington, MA 01887

    The scoping meeting will be held in an open house format for the 
first half hour followed by a brief presentation by OEA. After the 
presentation, interested parties will be provided an opportunity for 
public comment at an open microphone for the balance of the scoping 
meeting. A court reporter will transcribe the public comments.
    The meeting location complies with the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.). Persons that need special 
accommodations should telephone OEA's toll-free number for this project 
at 877-573-8930.
    OEA invites written public comments on all aspects of the Draft 
Scope of Study and is providing a 60-day public comment period which 
begins on September 30, 2016. These written comments may be submitted 
(1) during the scoping meetings, or (2) by mailing or submitting 
comments electronically using the filing instructions below. Comments 
should be submitted by November 29, 2016 to assure full consideration 
during the scoping process. OEA will issue a Final Scope of Study after 
the close of the scoping comment period
    Summary of the Board's Environmental Review Process: The NEPA 
process is intended to assist the Board and the public in identifying 
and assessing the potential environmental consequences of a proposed 
action before a decision on the proposed action is made. OEA is 
responsible for ensuring that the Board complies with NEPA and related 
environmental statutes. The first stage of the EIS process is scoping. 
Scoping is an open process for determining the range of actions, 
alternatives and the potential scope of environmental issues to be 
addressed in the EIS. As part of the scoping process, OEA has 
developed, and has made available for public comment in this notice, a 
Draft Scope of Study for the EIS. A scoping meeting will be held in the 
project area to provide further opportunities for public involvement 
and input during the scoping process at the time and location set out 
above. In addition to comments on the Draft Scope of Study, interested 
parties are encouraged to comment on potential alternatives for the 
proposed project, including the no-action alternative.
    To assist OEA in identifying a range of reasonable and feasible 
alternatives that could meet the purpose and need for the proposed 
project, OEA requested detailed information from NET on the alternative 
sites that were examined as part of project site selection in a letter 
dated August 29, 2016. NET states in its response, dated September 7, 
2016, that it examined alternative sites in Tewksbury, MA, and another 
in North Billerica, MA. NET determined that the Tewksbury site would be 
too small for the development of a multi-commodity freight facility. 
NET also found the North Billerica site unsuitable because of its 
location away from the center of the region and concerns regarding 
highway accessibility. OEA invites the public to comment on any 
potential, reasonable and feasible alternatives that could meet the 
purpose and need for NET's proposed project.
    At the conclusion of the scoping comment period, OEA will issue a 
Final Scope of Study for the EIS. After issuing the Final Scope of 
Study, OEA will prepare a Draft EIS for the project. The Draft EIS will 
address the environmental issues and concerns identified during the 
scoping process and assess all reasonable and feasible alternatives, 
including the no-action alternative. The Draft EIS will also contain 
OEA's preliminary recommendations for environmental mitigation 
measures. Upon completion, the Draft EIS will be made available for 
review and comment by the public, government agencies, and other 
interested parties. OEA will prepare a Final EIS that considers and 
responds to comments on the Draft EIS. In reaching its decision in this 
case, the Board will consider the Draft EIS, the Final EIS, all 
environmental comments received, and OEA's final recommendations 
regarding environmental mitigation measures.
    EPA is participating as a cooperating agency in this EIS based on 
its special expertise of environmental matters at the site and 
jurisdiction by law consistent with 40 CFR 1501.6. Throughout the 
development of the EIS, OEA will coordinate with EPA as the CERCLA 
process progresses for the project site. In addition, OEA will be 
consulting with various federal, state and local agencies with specific 
knowledge of the potential environmental impacts that may be associated 
with the proposed project. OEA is also initiating government-to-
government consultation with potentially affected tribes, including but 
not limited to: Narragansett Indian Tribe, Mashpee Wampanoag Tribe, and 
Wampanoag Tribe of Gay Head (Aquinnah).
    Filing Environmental Comments: Scoping comments submitted by mail 
should be addressed to: Danielle Gosselin, Office of Environmental 
Analysis, Surface Transportation Board, 395 E Street SW., Washington, 
DC 20423-0001, Attention: Docket No. FD 34797 (Sub-No. 1).
    Comments may also be submitted electronically via email through the

[[Page 67418]]

project email address, [email protected].
    Please refer to Docket No. FD 34797 (Sub-No. 1) in all 
correspondence, including emails regarding this project.
    Scoping Comments are due by November 29, 2016.

FOR FURTHER INFORMATION CONTACT: Danielle Gosselin by mail at Office of 
Environmental Analysis, Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001, or call OEA's toll-free number for the 
project at 877-573-8930. Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339. The Web site for the Board is www.stb.gov. For further 
information about the proposed project, the Board's environmental 
review process, or this EIS, you may also visit the Board-sponsored 
project Web site at www.newenglandtransraileis.com. The project Web 
site includes a map of the project area including NET's proposed 
project.

Draft Scope of Study for the EIS

Purpose and Need

    According to NET, the principal purpose of the proposed project is 
to add rail transloading capacity close to the center of the Boston 
metropolitan area. Further, NET states that the proposed facility would 
allow for lower rail rates and improved service scheduling for 
customers.
    The proposed project involves a request by NET for a license or 
approval from the Board. The proposed project is not a federal 
government-proposed or sponsored project. Thus, the project's purpose 
and need should be informed by both the applicant's goals and the 
agency's enabling statute, here, 49 U.S.C. 10901. Section 10901 
provides that the Board must approve a construction request unless it 
finds that the construction is ``inconsistent with the public 
convenience and necessity.'' Therefore, the statute creates a 
presumption that rail construction is in the public interest and will 
be approved.

Proposed Action and Alternatives

    NET's proposed project involves the acquisition of 5,727 feet of 
existing track, the rehabilitation and construction of a combined 
10,838 feet of new track, and operation as a rail carrier over the 
total 16,565 feet of track. Other major elements of the proposed 
project would include demolishing existing buildings, constructing 
transloading facilities and warehouses, and moving goods and materials 
and transloading them from rail cars directly onto trucks, into holding 
tanks, or into a warehouse on site for temporary storage.
    NET estimates that it would operate two round trip trains per day 
with approximately 30 rail cars. NET also estimates that approximately 
400 round trip vehicle trips per day (365 truck trips per day and 35 
employee vehicle trips) could be generated at the height of operations. 
Train operations are expected to occur between 11:00 p.m. and 6:00 
a.m., and truck deliveries are expected to occur outside weekday 
morning and evening commuter peak hours.
    The EIS will analyze and compare the potential impacts of (1) 
acquisition, construction and operation for the proposed project, (2) 
any reasonable and feasible alternatives that could allow NET to meet 
its purpose and need, and (3) the no-action alternative (denial of the 
application).

Environmental Impact Analysis

Proposed Acquisition, Construction and Operation

    Analyses in the EIS will address the proposed activities associated 
with the acquisition, construction and operation of the project and 
their potential environmental impacts, as appropriate.

Impact Categories

    The EIS will analyze potential direct, indirect, and cumulative 
impacts \9\ of NET's proposed acquisition, construction and operation 
activities, or in the case of the no-action alternative, the absence of 
these activities.
---------------------------------------------------------------------------

    \9\ NEPA requires the Board to consider direct, indirect, and 
cumulative impacts. Direct and indirect impacts are both caused by 
the action. 40 CFR 1508.8(a)-(b). A cumulative impact is the 
``incremental impact of the action when added to other past, 
present, and reasonably foreseeable future actions regardless of 
what agency (Federal or non-federal) or person undertakes such other 
actions.'' 40 CFR 1508.7.
---------------------------------------------------------------------------

    Impact areas addressed will include an analysis of transportation 
systems, safety, land use, recreation, biological resources, water 
resources, including wetlands and other waters of the U.S., geology and 
soils, air quality and climate, noise and vibration, energy resources, 
socioeconomics as they relate to physical changes in the environment, 
cultural and historic resources, aesthetics and environmental justice. 
Other categories of potential impacts may also be included as a result 
of comments received during the scoping process or on the Draft EIS. 
The EIS will include a discussion of each of these categories as they 
currently exist in the project area and will address the potential 
direct, indirect, and cumulative impacts of each alternative being 
studied in detail on each category, as described below:
1. Transportation Systems
    The EIS will:
    a. Evaluate the potential impacts resulting from the proposed 
project on the existing transportation network in the project area.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts to transportation systems, as appropriate.
2. Safety
    The EIS will:
    a. Describe existing road/rail grade crossing safety and analyze 
the potential for an increase in accidents related to the proposed 
operation, as appropriate.
    b. Describe existing rail operations and analyze the potential for 
increased probability of train accidents, as appropriate.
    c. Evaluate the potential for disruption and delays to the movement 
of emergency vehicles.
    d. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts to safety, as appropriate.
3. Land Use
    The EIS will:
    a. Evaluate the potential impacts of each alternative on existing 
land use patterns within the project area and identify those land uses 
that would be potentially impacted by the proposed project.
    b. Analyze the potential impacts associated with each alternative 
to land uses identified within the project area.
    c. Evaluate consistency with Coastal Zone Management Program, as 
applicable.
    d. Propose mitigation measures to avoid, minimize or eliminate 
potential impacts to land use, as appropriate.
4. Recreation
    The EIS will:
    a. Evaluate existing conditions and the potential impacts of the 
proposed project on recreational areas and opportunities for 
recreational activities provided in the project area.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts on recreational areas and opportunities for 
recreational activities, as appropriate.
5. Biological Resources
    The EIS will:
    a. Evaluate the existing biological resources within the project 
area, including vegetative communities, wildlife, fisheries, wetlands, 
and federal

[[Page 67419]]

and state threatened or endangered species, and the potential impacts 
to these resources resulting from the proposed project.
    b. Propose mitigation measures to avoid, minimize, eliminate, or 
compensate for potential impacts to biological resources, as 
appropriate.
6. Water Resources
    The EIS will:
    a. Describe the existing surface water and groundwater resources 
within the project area, including lakes, rivers, streams, ponds, 
wetlands, and floodplains and analyze the potential impacts on these 
resources.
    b. Describe the permitting requirements with regard to wetlands, 
river crossings, water quality, floodplains, and erosion control.
    c. Propose mitigation measures to avoid, minimize, eliminate, or 
compensate for potential project impacts to water resources, as 
appropriate.
    d. Describe EPA's CERCLA process as it relates to on and off-site 
water resources.
7. Geology and Soils
    The EIS will:
    a. Describe the geology, soils, and seismic conditions found within 
the project area, including unique or problematic geologic formations 
or soils, prime farmland, and hydric soils, and analyze the potential 
impacts on these resources resulting from each alternative.
    b. Evaluate any potential measures to avoid or construct through 
unique or problematic geologic formations or soils.
    c. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts to geology and soils, as appropriate.
    d. Describe EPA's CERCLA process as it relates to geology and 
soils.
8. Air Quality and Climate
    The EIS will:
    a. Evaluate the air emissions from the potential operation of the 
proposed project including potential greenhouse gas emissions, as 
appropriate.
    b. Evaluate the potential air quality impacts resulting from the 
proposed project construction activities.
    c. Evaluate the potential impacts of the proposed project on global 
climate change and the potential impacts of global climate change on 
the proposed project.
    d. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts, as appropriate.
9. Noise and Vibration
    The EIS will:
    a. Describe the potential noise and vibration impacts during the 
proposed project construction.
    b. Describe the potential noise and vibration impacts of the 
proposed project operation.
    c. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts to sensitive noise receptors, as appropriate.
10. Energy Resources
    The EIS will:
    a. Describe and evaluate the potential impact of the proposed 
project on the distribution of energy resources in the project area.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts to energy resources, as appropriate.
11. Socioeconomics
    The EIS will:
    a. Analyze the effects of the potential temporary influx of 
construction workers and creation of permanent rail facilities jobs to 
the project area.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project-related adverse impacts to social and economic 
resources, as appropriate.
12. Cultural and Historic Resources
    The EIS will:
    a. Identify historic buildings, structures, sites, objects, or 
districts eligible for listing on or listed on the National Register of 
Historic Places (historic properties) within the area of potential 
effects for each alternative. The cultural resources identified will be 
categorized into three major groups: Tribal resources, archaeological 
resources, and built resources.
    b. Consult with federally recognized Native American tribes to 
identify properties with religious and cultural significance to the 
tribes within the area of potential effects for each alternative 
(tribal resources), and analyze potential project impacts to them.
    c. Identify prehistoric-era and historic-era archaeological 
resources by using professionals who meet the Secretary of the Interior 
Professional Qualifications Standards (SOIPQS) in the discipline of 
archaeology, and analyze potential project impacts to them.
    d. Identify built resources by using professionals who meet the 
SOIPQS in the disciplines of history or architectural history, and 
analyze potential project impacts to them.
    e. Propose measures to avoid, minimize, or mitigate potentially 
adverse project impacts to tribal resources, built resources, and 
archaeological resources that are historic properties, as appropriate.
13. Aesthetics
    The EIS will:
    a. Describe the potential impacts of the proposed project on any 
areas identified or determined to be of high visual quality.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts on aesthetics, as appropriate.
14. Environmental Justice
    The EIS will:
    a. Evaluate the potential impacts resulting from the proposed 
project on local and regional minority and low-income populations.
    b. Propose mitigation measures to avoid, minimize or eliminate 
potential project impacts on environmental justice populations, as 
appropriate.

    Decided: September 27, 2016.

    By the Board, Victoria Rutson, Director, Office of Environmental 
Analysis
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016-23692 Filed 9-29-16; 8:45 am]
 BILLING CODE 4915-01-P



                                                  67416                       Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                  —Relations with other organizations                     for the environmental impact statement;                  alternatives, and impacts to be
                                                  —Application of the Committee’s                         notice of scoping meeting; and request                   considered in the EIS. The date and
                                                     Guidelines                                           for comments on draft scope.                             location for the public meeting, along
                                                  —Work programme                                                                                                  with the Draft Scope of Study for review
                                                  —Any other business                                     SUMMARY:    On June 24, 2016, New                        and comment, are provided below.
                                                  —Consideration of the report of the                     England Transrail, LLC (NET) filed a
                                                                                                          petition for exemption with the Surface                  Background
                                                     Committee on its ninety-sixth session
                                                                                                          Transportation Board (Board) pursuant                       I. The Prior Proceedings. In December
                                                     Members of the public may attend                     to 49 U.S.C. 10502 and 10901 in Docket                   2003, NET filed its original petition for
                                                  this meeting up to the seating capacity                 No. FD 34797 (Sub–No. 1). NET intends                    exemption for authority to acquire,
                                                  of the room. To facilitate the building                 to acquire, construct and operate                        construct and operate track to use in
                                                  security process, and to request                        various rail lines and construct and                     conjunction with a reload facility at the
                                                  reasonable accommodation, those who                     operate transloading facilities, where                   Olin site in Docket No. FD 34391. OEA 3
                                                  plan to attend should contact the                       goods and materials are transferred from                 conducted an environmental review and
                                                  meeting coordinator, LCDR Tiffany                       rail to truck, in the towns of Wilmington                issued an Environmental Assessment
                                                  Duffy, by email at tiffany.a.duffy@                     and Woburn, Massachusetts. NET                           (EA) in August 2004 and a Post-EA in
                                                  uscg.mil, by phone at (202) 372–1376,                   proposes to acquire 5,727 feet of                        December 2004. After issuance of the
                                                  by fax at (202) 372–8382, or in writing                 existing track, to rehabilitate or                       Post-EA, a number of parties informed
                                                  at 2703 Martin Luther King Jr. Ave. SE.,                construct a combined 10,838 feet of                      the Board that NET had modified its
                                                  Stop 7509, Washington, DC 20593–7509                    track, and to operate as a rail carrier                  proposed project to include, among
                                                  not later than November 8, 2016.                        over the total 16,565 feet of track on and               other changes, the processing of
                                                  Requests made after November 8, 2016                    adjacent to property currently owned by                  municipal solid waste (MSW) at the
                                                  might not be able to be accommodated.                   the Olin Corporation at 51 Eames Street                  facility without notifying OEA and that
                                                  Please note that due to security                        in Wilmington.1 NET anticipates                          therefore, the environmental review was
                                                  considerations, two valid, government                   moving goods and materials (e.g. bricks,                 incomplete.
                                                  issued photo identifications must be                    newspaper, steel, glycols, biofuels,                        In May 2005, the Board issued a
                                                  presented to gain entrance to the Coast                 liquid natural gas, vegetable oils, wood                 decision dismissing the case without
                                                  Guard Headquarters building. It is                      chips, sand, and gravel) and                             prejudice to NET filing a new petition
                                                  recommended that attendees arrive to                    transloading them from rail cars directly                or application based on its current
                                                  the Headquarters building not later than                onto trucks, into holding tanks, or into                 project plans. The Board concluded that
                                                  30 minutes ahead of the scheduled                       a warehouse on site for temporary                        the project had changed significantly
                                                  meeting for the security screening                      storage.                                                 from the proposal presented in the
                                                  process.                                                   Because this project has the potential                petition and that NET had not informed
                                                     The Headquarters building is                         to result in significant environmental                   OEA of the changes until after the
                                                  accessible by taxi and public                           impacts, the Board’s Office of                           environmental review had been
                                                  transportation. Parking in the vicinity of              Environmental Analysis (OEA) has                         completed. Because the petition was
                                                  the building is extremely limited and                   determined that the preparation of an                    modified to the point that analysis
                                                  not guaranteed. Members of the public                   Environmental Impact Statement (EIS)                     already performed by the Board became
                                                  may participate in the meeting via                      is appropriate pursuant to the National                  substantially deficient and required
                                                  teleconference by calling 202–475–4000                  Environmental Policy Act of 1969                         extensive revision, the Board found that
                                                  or 1–855–475–2447, participant code:                    (NEPA), as amended (42 U.S.C. 4321 et                    it was appropriate to terminate the
                                                  887 809 72. Please contact the meeting                  seq.).2 The purpose of this Notice of                    proceeding.4
                                                  coordinator if you plan to participate by               Intent is to inform stakeholders—                           In December 2005, NET filed its
                                                  phone. Additional information                           including members of the public;                         petition for exemption in a new docket,
                                                  regarding this and other SHC public                     Tribes; federal, state, and local agencies;              Docket No. FD 34797, for acquisition,
                                                  meetings may be found at:                               environmental groups; potential                          construction, and operation authority.
                                                  www.uscg.mil/imo.                                       shippers and other parties—interested                    NET outlined its plans to rehabilitate
                                                    Dated: September 16, 2016.                            in or potentially affected by the                        the existing track on the property and to
                                                                                                          proposed project of the decision to                      construct new sections of track to
                                                  Jonathan W. Burby,
                                                                                                          prepare an EIS. OEA will hold a public                   support a facility to handle construction
                                                  Executive Secretary, Shipping Coordinating
                                                                                                          scoping meeting as part of the NEPA                      and demolition debris (C&D) and MSW.
                                                  Committee, Department of State.
                                                                                                          process. Oral and written comments                       Following NET’s filing, opposing parties
                                                  [FR Doc. 2016–23708 Filed 9–29–16; 8:45 am]
                                                                                                          submitted during scoping will assist                     argued that some or all of NET’s
                                                  BILLING CODE 4710–09–P
                                                                                                          OEA in issuing a Final Scope of Study                    planned activities would not constitute
                                                                                                          that defines the range of actions,                       ‘‘rail transportation,’’ and in 2006, a
                                                                                                                                                                   coalition of parties asked the Board to
                                                  SURFACE TRANSPORTATION BOARD                               1 Generally, Board authorization is not required      address the threshold issue of the extent
                                                                                                          for proposals by existing carriers to acquire or         of this agency’s jurisdiction over the
                                                  [Docket No. FD 34797 (Sub–No. 1)]                       construct rail facilities and ‘‘excepted’’ ancillary
                                                                                                          track (spur, industrial or side tracks used to support
                                                                                                                                                                   proposed project. Additionally, in 2006,
                                                  New England Transrail, LLC, d/b/a                       line-haul services). 49 U.S.C. 10906; Nicholson v.       the U.S. Environmental Protection
                                                  Wilmington & Woburn Terminal                            ICC, 711 F.2d 364, 367–8 (D.C. Cir. 1983); but see       Agency (EPA) added the project site to
                                                                                                          Effingham R.R.—Pet. for Declaratory Order—               the National Priorities List (NPL) under
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Railway—Construction, Acquisition                       Constr. at Effingham, Ill., 2 S.T.B. 606, 609–10
                                                  and Operation Exemption—in                              (1997) (Board has licensing authority over proposal
                                                                                                                                                                   the Comprehensive Environmental
                                                  Wilmington and Woburn, Mass.                            by new carrier to construct and operate over             Response, Compensation, and Liability
                                                                                                          § 10906 track that would constitute its entire
                                                  AGENCY:  Surface Transportation Board.                  operation).                                                3 OEA was formerly known as the Board’s Section
                                                                                                             2 See New Eng. Transrail, LLC—Constr., Acquis.,       of Environmental Analysis (SEA).
                                                  ACTION:  Notice of intent to prepare an                 & Operation Exemption—in Wilmington & Woburn,              4 See New Eng. Transrail, LLC—Constr., Acquis.,
                                                  environmental impact statement; notice                  Mass., (2016 Decision) FD 34797, slip op. at 5 (STB      & Operation Exemption—in Wilmington & Woburn,
                                                  of availability of the draft scope of study             served May 17, 2016).                                    Mass., FD 34391 (STB served May 3, 2005).



                                             VerDate Sep<11>2014   20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00128   Fmt 4703   Sfmt 4703   E:\FR\FM\30SEN1.SGM    30SEN1


                                                                               Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                          67417

                                                  Act (CERCLA or Superfund). EPA                            hour followed by a brief presentation by             Tewksbury, MA, and another in North
                                                  suggested that, in order to fully address                 OEA. After the presentation, interested              Billerica, MA. NET determined that the
                                                  the proposal’s effect on potentially                      parties will be provided an opportunity              Tewksbury site would be too small for
                                                  contaminated soil and groundwater, the                    for public comment at an open                        the development of a multi-commodity
                                                  Board defer issuing even a preliminary                    microphone for the balance of the                    freight facility. NET also found the
                                                  analysis under NEPA of the potential                      scoping meeting. A court reporter will               North Billerica site unsuitable because
                                                  environmental impacts of NET’s                            transcribe the public comments.                      of its location away from the center of
                                                  proposal until EPA had completed the                         The meeting location complies with                the region and concerns regarding
                                                  relevant portion of its Remedial                          the Americans with Disabilities Act of               highway accessibility. OEA invites the
                                                  Investigation and Feasibility Study (RI/                  1990 (42 U.S.C. 12101 et seq.). Persons              public to comment on any potential,
                                                  FS) of the site.                                          that need special accommodations                     reasonable and feasible alternatives that
                                                     In July 2007, the Board issued a                       should telephone OEA’s toll-free                     could meet the purpose and need for
                                                  decision finding that NET would, if                       number for this project at 877–573–                  NET’s proposed project.
                                                  authorized, become a rail carrier subject                 8930.                                                   At the conclusion of the scoping
                                                  to the Board’s jurisdiction and thus                         OEA invites written public comments               comment period, OEA will issue a Final
                                                  would need authority to acquire,                          on all aspects of the Draft Scope of                 Scope of Study for the EIS. After issuing
                                                  construct and operate the track. The                      Study and is providing a 60-day public               the Final Scope of Study, OEA will
                                                  Board also addressed the extent to                        comment period which begins on                       prepare a Draft EIS for the project. The
                                                  which the handling of C&D and MSW                         September 30, 2016. These written                    Draft EIS will address the
                                                  would come within the scope of the                        comments may be submitted (1) during                 environmental issues and concerns
                                                  Board’s jurisdiction, but the issue was                   the scoping meetings, or (2) by mailing              identified during the scoping process
                                                  not decided because the Board deferred                    or submitting comments electronically                and assess all reasonable and feasible
                                                  environmental review until EPA had                        using the filing instructions below.                 alternatives, including the no-action
                                                  completed the relevant portion of its RI/                 Comments should be submitted by                      alternative. The Draft EIS will also
                                                  FS Study at the site.5 In May 2016, the                   November 29, 2016 to assure full                     contain OEA’s preliminary
                                                  Board lifted the deferral after EPA                       consideration during the scoping                     recommendations for environmental
                                                  submitted a letter stating that the facts                 process. OEA will issue a Final Scope                mitigation measures. Upon completion,
                                                  no longer supported continuing to defer                   of Study after the close of the scoping              the Draft EIS will be made available for
                                                  the Board’s environmental review in the                   comment period                                       review and comment by the public,
                                                                                                               Summary of the Board’s                            government agencies, and other
                                                  case.6 The Board also directed NET to
                                                                                                            Environmental Review Process: The                    interested parties. OEA will prepare a
                                                  file an updated petition for exemption
                                                                                                            NEPA process is intended to assist the               Final EIS that considers and responds to
                                                  in a new sub-docket detailing its current
                                                                                                            Board and the public in identifying and              comments on the Draft EIS. In reaching
                                                  plans for the site.7
                                                     II. The Instant Proceeding. On June                    assessing the potential environmental                its decision in this case, the Board will
                                                                                                            consequences of a proposed action                    consider the Draft EIS, the Final EIS, all
                                                  24, 2016, NET filed an updated petition
                                                                                                            before a decision on the proposed action             environmental comments received, and
                                                  for exemption outlining its current
                                                                                                            is made. OEA is responsible for                      OEA’s final recommendations regarding
                                                  proposal with the Board in Docket No.
                                                                                                            ensuring that the Board complies with                environmental mitigation measures.
                                                  FD 34797 (Sub–No. 1).8 As stated above,
                                                                                                            NEPA and related environmental                          EPA is participating as a cooperating
                                                  NET proposes to acquire, construct and
                                                                                                            statutes. The first stage of the EIS                 agency in this EIS based on its special
                                                  operate track and to construct and
                                                                                                            process is scoping. Scoping is an open               expertise of environmental matters at
                                                  operate transloading facilities on and
                                                                                                            process for determining the range of                 the site and jurisdiction by law
                                                  adjacent to the Olin site. NET plans to
                                                                                                            actions, alternatives and the potential              consistent with 40 CFR 1501.6.
                                                  move goods and materials, including
                                                                                                            scope of environmental issues to be                  Throughout the development of the EIS,
                                                  bricks, newspaper, steel, glycols,                        addressed in the EIS. As part of the                 OEA will coordinate with EPA as the
                                                  biofuels, liquid natural gas, vegetable                   scoping process, OEA has developed,                  CERCLA process progresses for the
                                                  oils, wood chips, sand, and gravel and                    and has made available for public                    project site. In addition, OEA will be
                                                  transload them from rail cars directly                    comment in this notice, a Draft Scope of             consulting with various federal, state
                                                  onto trucks, into holding tanks, or into                  Study for the EIS. A scoping meeting                 and local agencies with specific
                                                  a warehouse on site for temporary                         will be held in the project area to                  knowledge of the potential
                                                  storage. This Notice of Intent initiates                  provide further opportunities for public             environmental impacts that may be
                                                  the EIS process and scoping for this                      involvement and input during the                     associated with the proposed project.
                                                  proceeding.                                               scoping process at the time and location             OEA is also initiating government-to-
                                                     Date and Location of Public Scoping                    set out above. In addition to comments               government consultation with
                                                  Meeting: The public scoping meeting                       on the Draft Scope of Study, interested              potentially affected tribes, including but
                                                  will be held at the following location on                 parties are encouraged to comment on                 not limited to: Narragansett Indian
                                                  the date listed:                                          potential alternatives for the proposed              Tribe, Mashpee Wampanoag Tribe, and
                                                  • October 25, 2016; 5:30–8:00 p.m. at                     project, including the no-action                     Wampanoag Tribe of Gay Head
                                                     Wilmington Middle School, 25 Carter                    alternative.                                         (Aquinnah).
                                                     Lane, Wilmington, MA 01887                                To assist OEA in identifying a range                 Filing Environmental Comments:
                                                     The scoping meeting will be held in                    of reasonable and feasible alternatives              Scoping comments submitted by mail
                                                  an open house format for the first half                   that could meet the purpose and need                 should be addressed to: Danielle
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                            for the proposed project, OEA requested              Gosselin, Office of Environmental
                                                    5 See New Eng. Transrail, LLC—Constr., Acquis.,
                                                                                                            detailed information from NET on the                 Analysis, Surface Transportation Board,
                                                  & Operation Exemption—in Wilmington & Woburn,             alternative sites that were examined as
                                                  Mass., FD 34797 (STB served July 10, 2007).
                                                                                                                                                                 395 E Street SW., Washington, DC
                                                    6 See Letter from EPA (Nov. 6, 2015).                   part of project site selection in a letter           20423–0001, Attention: Docket No. FD
                                                    7 See 2016 Decision.                                    dated August 29, 2016. NET states in its             34797 (Sub–No. 1).
                                                    8 NET’s current plans do not include operating a        response, dated September 7, 2016, that                 Comments may also be submitted
                                                  municipal solid waste transfer station at the facility.   it examined alternative sites in                     electronically via email through the


                                             VerDate Sep<11>2014    20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00129   Fmt 4703   Sfmt 4703   E:\FR\FM\30SEN1.SGM   30SEN1


                                                  67418                       Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                  project email address,                                  onto trucks, into holding tanks, or into               cumulative impacts of each alternative
                                                  NewEnglandTransrailEIS@icf.com.                         a warehouse on site for temporary                      being studied in detail on each category,
                                                    Please refer to Docket No. FD 34797                   storage.                                               as described below:
                                                  (Sub–No. 1) in all correspondence,                         NET estimates that it would operate
                                                                                                          two round trip trains per day with                     1. Transportation Systems
                                                  including emails regarding this project.
                                                    Scoping Comments are due by                           approximately 30 rail cars. NET also                     The EIS will:
                                                  November 29, 2016.                                      estimates that approximately 400 round                   a. Evaluate the potential impacts
                                                  FOR FURTHER INFORMATION CONTACT:                        trip vehicle trips per day (365 truck                  resulting from the proposed project on
                                                  Danielle Gosselin by mail at Office of                  trips per day and 35 employee vehicle                  the existing transportation network in
                                                  Environmental Analysis, Surface                         trips) could be generated at the height                the project area.
                                                  Transportation Board, 395 E Street SW.,                 of operations. Train operations are                      b. Propose mitigation measures to
                                                  Washington, DC 20423–0001, or call                      expected to occur between 11:00 p.m.                   avoid, minimize or eliminate potential
                                                  OEA’s toll-free number for the project at               and 6:00 a.m., and truck deliveries are                project impacts to transportation
                                                  877–573–8930. Assistance for the                        expected to occur outside weekday                      systems, as appropriate.
                                                  hearing impaired is available through                   morning and evening commuter peak                      2. Safety
                                                  the Federal Information Relay Service                   hours.
                                                  (FIRS) at 1–800–877–8339. The Web site                     The EIS will analyze and compare the                  The EIS will:
                                                  for the Board is www.stb.gov. For further               potential impacts of (1) acquisition,                    a. Describe existing road/rail grade
                                                  information about the proposed project,                 construction and operation for the                     crossing safety and analyze the potential
                                                  the Board’s environmental review                        proposed project, (2) any reasonable and               for an increase in accidents related to
                                                  process, or this EIS, you may also visit                feasible alternatives that could allow                 the proposed operation, as appropriate.
                                                  the Board-sponsored project Web site at                 NET to meet its purpose and need, and                    b. Describe existing rail operations
                                                  www.newenglandtransraileis.com. The                     (3) the no-action alternative (denial of               and analyze the potential for increased
                                                  project Web site includes a map of the                  the application).                                      probability of train accidents, as
                                                  project area including NET’s proposed                                                                          appropriate.
                                                                                                          Environmental Impact Analysis                            c. Evaluate the potential for
                                                  project.
                                                                                                          Proposed Acquisition, Construction and                 disruption and delays to the movement
                                                  Draft Scope of Study for the EIS                        Operation                                              of emergency vehicles.
                                                  Purpose and Need                                                                                                 d. Propose mitigation measures to
                                                                                                            Analyses in the EIS will address the
                                                                                                                                                                 avoid, minimize or eliminate potential
                                                     According to NET, the principal                      proposed activities associated with the
                                                                                                                                                                 project impacts to safety, as appropriate.
                                                  purpose of the proposed project is to                   acquisition, construction and operation
                                                  add rail transloading capacity close to                 of the project and their potential                     3. Land Use
                                                  the center of the Boston metropolitan                   environmental impacts, as appropriate.                   The EIS will:
                                                  area. Further, NET states that the                      Impact Categories                                        a. Evaluate the potential impacts of
                                                  proposed facility would allow for lower                                                                        each alternative on existing land use
                                                                                                             The EIS will analyze potential direct,
                                                  rail rates and improved service                                                                                patterns within the project area and
                                                                                                          indirect, and cumulative impacts 9 of
                                                  scheduling for customers.                                                                                      identify those land uses that would be
                                                     The proposed project involves a                      NET’s proposed acquisition,
                                                                                                          construction and operation activities, or              potentially impacted by the proposed
                                                  request by NET for a license or approval                                                                       project.
                                                  from the Board. The proposed project is                 in the case of the no-action alternative,
                                                                                                                                                                   b. Analyze the potential impacts
                                                  not a federal government-proposed or                    the absence of these activities.
                                                                                                             Impact areas addressed will include                 associated with each alternative to land
                                                  sponsored project. Thus, the project’s                                                                         uses identified within the project area.
                                                                                                          an analysis of transportation systems,
                                                  purpose and need should be informed                                                                              c. Evaluate consistency with Coastal
                                                                                                          safety, land use, recreation, biological
                                                  by both the applicant’s goals and the                                                                          Zone Management Program, as
                                                                                                          resources, water resources, including
                                                  agency’s enabling statute, here, 49                                                                            applicable.
                                                                                                          wetlands and other waters of the U.S.,
                                                  U.S.C. 10901. Section 10901 provides                                                                             d. Propose mitigation measures to
                                                                                                          geology and soils, air quality and
                                                  that the Board must approve a                                                                                  avoid, minimize or eliminate potential
                                                                                                          climate, noise and vibration, energy
                                                  construction request unless it finds that                                                                      impacts to land use, as appropriate.
                                                                                                          resources, socioeconomics as they relate
                                                  the construction is ‘‘inconsistent with
                                                                                                          to physical changes in the environment,                4. Recreation
                                                  the public convenience and necessity.’’
                                                                                                          cultural and historic resources,
                                                  Therefore, the statute creates a                                                                                 The EIS will:
                                                                                                          aesthetics and environmental justice.
                                                  presumption that rail construction is in                                                                         a. Evaluate existing conditions and
                                                                                                          Other categories of potential impacts
                                                  the public interest and will be                                                                                the potential impacts of the proposed
                                                                                                          may also be included as a result of
                                                  approved.                                                                                                      project on recreational areas and
                                                                                                          comments received during the scoping
                                                                                                                                                                 opportunities for recreational activities
                                                  Proposed Action and Alternatives                        process or on the Draft EIS. The EIS will
                                                                                                                                                                 provided in the project area.
                                                     NET’s proposed project involves the                  include a discussion of each of these
                                                                                                                                                                   b. Propose mitigation measures to
                                                  acquisition of 5,727 feet of existing                   categories as they currently exist in the
                                                                                                                                                                 avoid, minimize or eliminate potential
                                                  track, the rehabilitation and                           project area and will address the
                                                                                                                                                                 project impacts on recreational areas
                                                  construction of a combined 10,838 feet                  potential direct, indirect, and
                                                                                                                                                                 and opportunities for recreational
                                                  of new track, and operation as a rail
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                             9 NEPA requires the Board to consider direct,
                                                                                                                                                                 activities, as appropriate.
                                                  carrier over the total 16,565 feet of track.            indirect, and cumulative impacts. Direct and
                                                  Other major elements of the proposed                                                                           5. Biological Resources
                                                                                                          indirect impacts are both caused by the action. 40
                                                  project would include demolishing                       CFR 1508.8(a)–(b). A cumulative impact is the            The EIS will:
                                                  existing buildings, constructing                        ‘‘incremental impact of the action when added to         a. Evaluate the existing biological
                                                                                                          other past, present, and reasonably foreseeable
                                                  transloading facilities and warehouses,                 future actions regardless of what agency (Federal or
                                                                                                                                                                 resources within the project area,
                                                  and moving goods and materials and                      non-federal) or person undertakes such other           including vegetative communities,
                                                  transloading them from rail cars directly               actions.’’ 40 CFR 1508.7.                              wildlife, fisheries, wetlands, and federal


                                             VerDate Sep<11>2014   20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00130   Fmt 4703   Sfmt 4703   E:\FR\FM\30SEN1.SGM   30SEN1


                                                                              Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                                 67419

                                                  and state threatened or endangered                        a. Describe the potential noise and                 archaeological resources that are
                                                  species, and the potential impacts to                   vibration impacts during the proposed                 historic properties, as appropriate.
                                                  these resources resulting from the                      project construction.
                                                                                                                                                                13. Aesthetics
                                                  proposed project.                                         b. Describe the potential noise and
                                                    b. Propose mitigation measures to                     vibration impacts of the proposed                       The EIS will:
                                                  avoid, minimize, eliminate, or                          project operation.                                      a. Describe the potential impacts of
                                                  compensate for potential impacts to                       c. Propose mitigation measures to                   the proposed project on any areas
                                                  biological resources, as appropriate.                   avoid, minimize or eliminate potential                identified or determined to be of high
                                                                                                          project impacts to sensitive noise                    visual quality.
                                                  6. Water Resources
                                                                                                          receptors, as appropriate.                              b. Propose mitigation measures to
                                                     The EIS will:
                                                     a. Describe the existing surface water               10. Energy Resources                                  avoid, minimize or eliminate potential
                                                  and groundwater resources within the                                                                          project impacts on aesthetics, as
                                                                                                            The EIS will:
                                                  project area, including lakes, rivers,                                                                        appropriate.
                                                                                                            a. Describe and evaluate the potential
                                                  streams, ponds, wetlands, and                           impact of the proposed project on the                 14. Environmental Justice
                                                  floodplains and analyze the potential                   distribution of energy resources in the
                                                  impacts on these resources.                                                                                     The EIS will:
                                                                                                          project area.
                                                     b. Describe the permitting                             b. Propose mitigation measures to                     a. Evaluate the potential impacts
                                                  requirements with regard to wetlands,                   avoid, minimize or eliminate potential                resulting from the proposed project on
                                                  river crossings, water quality,                         project impacts to energy resources, as               local and regional minority and low-
                                                  floodplains, and erosion control.                       appropriate.                                          income populations.
                                                     c. Propose mitigation measures to                                                                            b. Propose mitigation measures to
                                                  avoid, minimize, eliminate, or                          11. Socioeconomics                                    avoid, minimize or eliminate potential
                                                  compensate for potential project                          The EIS will:                                       project impacts on environmental
                                                  impacts to water resources, as                            a. Analyze the effects of the potential             justice populations, as appropriate.
                                                  appropriate.                                            temporary influx of construction                        Decided: September 27, 2016.
                                                     d. Describe EPA’s CERCLA process as                  workers and creation of permanent rail                  By the Board, Victoria Rutson, Director,
                                                  it relates to on and off-site water                     facilities jobs to the project area.                  Office of Environmental Analysis
                                                  resources.                                                b. Propose mitigation measures to                   Jeffrey Herzig,
                                                  7. Geology and Soils                                    avoid, minimize or eliminate potential
                                                                                                                                                                Clearance Clerk.
                                                                                                          project-related adverse impacts to social
                                                     The EIS will:                                        and economic resources, as appropriate.               [FR Doc. 2016–23692 Filed 9–29–16; 8:45 am]
                                                     a. Describe the geology, soils, and                                                                        BILLING CODE 4915–01–P
                                                  seismic conditions found within the                     12. Cultural and Historic Resources
                                                  project area, including unique or                          The EIS will:
                                                  problematic geologic formations or soils,                  a. Identify historic buildings,                    SURFACE TRANSPORTATION BOARD
                                                  prime farmland, and hydric soils, and                   structures, sites, objects, or districts
                                                  analyze the potential impacts on these                  eligible for listing on or listed on the              [Docket No. FD 36062]
                                                  resources resulting from each                           National Register of Historic Places
                                                  alternative.                                            (historic properties) within the area of              Lehigh Railway, LLC—Lease
                                                     b. Evaluate any potential measures to                potential effects for each alternative.               Exemption Containing Interchange
                                                  avoid or construct through unique or                    The cultural resources identified will be             Commitment—Norfolk Southern
                                                  problematic geologic formations or soils.               categorized into three major groups:                  Railway Company
                                                     c. Propose mitigation measures to                    Tribal resources, archaeological
                                                  avoid, minimize or eliminate potential                  resources, and built resources.                          Lehigh Railway, LLC (LRWY), a Class
                                                  project impacts to geology and soils, as                   b. Consult with federally recognized               III rail carrier, has filed a verified notice
                                                  appropriate.                                            Native American tribes to identify                    of exemption under 49 CFR 1150.41 to
                                                     d. Describe EPA’s CERCLA process as                  properties with religious and cultural                continue to lease from Norfolk Southern
                                                  it relates to geology and soils.                        significance to the tribes within the area            Railway Company (NSR), and to
                                                  8. Air Quality and Climate                              of potential effects for each alternative             operate, approximately 56.0 miles of rail
                                                                                                          (tribal resources), and analyze potential             line between milepost IS 269.5 at
                                                     The EIS will:                                                                                              Athens, Pa., and milepost IS 213.5 at
                                                     a. Evaluate the air emissions from the               project impacts to them.
                                                                                                             c. Identify prehistoric-era and                    Mehoopany, Pa., in Bradford and
                                                  potential operation of the proposed                                                                           Wyoming Counties, Pa., including any
                                                  project including potential greenhouse                  historic-era archaeological resources by
                                                                                                          using professionals who meet the                      sidings, sidetracks, yards, or facilities
                                                  gas emissions, as appropriate.                                                                                presently owned by NSR that are
                                                     b. Evaluate the potential air quality                Secretary of the Interior Professional
                                                                                                          Qualifications Standards (SOIPQS) in                  accessed via the line.
                                                  impacts resulting from the proposed
                                                  project construction activities.                        the discipline of archaeology, and                       LRWY states that LRWY and NSR
                                                     c. Evaluate the potential impacts of                 analyze potential project impacts to                  have entered into an amended lease
                                                  the proposed project on global climate                  them.                                                 agreement 1 (Amended Lease) which
                                                  change and the potential impacts of                        d. Identify built resources by using               served to renew the original lease
                                                                                                          professionals who meet the SOIPQS in                  agreement (Original Lease) that the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  global climate change on the proposed
                                                  project.                                                the disciplines of history or                         parties had previously entered into on
                                                     d. Propose mitigation measures to                    architectural history, and analyze
                                                  avoid, minimize or eliminate potential                  potential project impacts to them.                      1 LRWY filed a confidential, complete version of

                                                                                                             e. Propose measures to avoid,                      the Amended Lease with its notice of exemption to
                                                  project impacts, as appropriate.                                                                              be kept confidential by the Board under 49 CFR
                                                                                                          minimize, or mitigate potentially                     1104.14(a) without need for the filing of an
                                                  9. Noise and Vibration                                  adverse project impacts to tribal                     accompanying motion for protective order under 49
                                                     The EIS will:                                        resources, built resources, and                       CFR 1104.14(b).



                                             VerDate Sep<11>2014   20:49 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00131   Fmt 4703   Sfmt 4703   E:\FR\FM\30SEN1.SGM   30SEN1



Document Created: 2018-02-09 13:34:17
Document Modified: 2018-02-09 13:34:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent to prepare an environmental impact statement; notice of availability of the draft scope of study for the environmental impact statement; notice of scoping meeting; and request for comments on draft scope.
ContactDanielle Gosselin by mail at Office of Environmental Analysis, Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001, or call OEA's toll-free number for the project at 877-573-8930. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1- 800-877-8339. The Web site for the Board is www.stb.gov. For further information about the proposed project, the Board's environmental review process, or this EIS, you may also visit the Board-sponsored project Web site at www.newenglandtransraileis.com. The project Web site includes a map of the project area including NET's proposed project.
FR Citation81 FR 67416 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR