81_FR_82032 81 FR 81809 - Notice of Intent To Prepare a Supplemental Revised Final Environmental Impact Statement for the Proposed United States Penitentiary and Federal Prison Camp in Letcher County, Kentucky

81 FR 81809 - Notice of Intent To Prepare a Supplemental Revised Final Environmental Impact Statement for the Proposed United States Penitentiary and Federal Prison Camp in Letcher County, Kentucky

DEPARTMENT OF JUSTICE
Federal Bureau of Prisons

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range81809-81810
FR Document2016-27148

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality regulations, the Federal Bureau of Prisons (Bureau) announces its intent to prepare a Supplement to the March 2016 Revised Final Environmental Impact Statement (RFEIS) for ``Proposed United States Penitentiary and Federal Prison Camp Letcher County, Kentucky.''

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81809-81810]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27148]


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DEPARTMENT OF JUSTICE

Federal Bureau of Prisons


Notice of Intent To Prepare a Supplemental Revised Final 
Environmental Impact Statement for the Proposed United States 
Penitentiary and Federal Prison Camp in Letcher County, Kentucky

AGENCY: Federal Bureau of Prisons, U.S. Department of Justice.

ACTION: Notice of Intent.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 
1969, as implemented by the Council on Environmental Quality 
regulations, the Federal Bureau of Prisons (Bureau) announces its 
intent to prepare a Supplement to the March 2016 Revised Final 
Environmental Impact Statement (RFEIS) for ``Proposed United States 
Penitentiary and Federal Prison Camp Letcher County, Kentucky.''

FOR FURTHER INFORMATION CONTACT: Issac Gaston, Site Selection 
Specialist; U.S. Department of Justice, Federal Bureau of Prisons, 320 
First Street NW., Washington, DC 20534; email: [email protected].

SUPPLEMENTARY INFORMATION: The Supplemental RFEIS is being prepared to 
address substantial changes to the proposed action that are relevant to 
environmental concerns, as required under NEPA [40 CFR 1502.9(c)], and 
will assess any new circumstances or information relevant to potential 
environmental impacts.
    In March 2016, the Bureau completed the Revised Final EIS for the 
Proposed United States Penitentiary and Federal Prison Camp, Letcher 
County, Kentucky, which evaluated the potential environmental impacts 
from the acquisition of property and construction and operation of a 
new United States Penitentiary, Federal Prison Camp, ancillary 
facilities, and access roads in Letcher County. The RFEIS analyzed two 
potential locations: An approximately 753-acre site in eastern Letcher 
County (Alternative 1-Payne Gap), and an approximately 700-acre site in 
western Letcher County (Alternative 2-Roxana). The RFEIS identified 
Alternative 2-Roxana as the preferred alternative because it best meets 
the project needs and, on balance, would have fewer impacts to the 
natural and built environment.
    The Bureau was originally considering acquiring approximately 700 
acres at the Roxana site for this project. In an effort to reduce 
potentially impacted property, the Bureau is removing two parcels of 
land at the Roxana site from acquisition consideration, resulting in a 
proposed site of approximately 570 acres. This reduction in site size 
has necessitated modifying the facilities layout evaluated for 
Alternative 2-Roxana in the RFEIS. The environmental impacts of the 
modified Alternative 2-Roxana will be analyzed in the Supplemental 
RFEIS. The alternatives to be evaluated in the Supplemental RFEIS 
include the No Action Alternative and Alternative 2-Roxana.
    The Supplemental RFEIS will analyze potential environmental impacts 
that may result from the modified alternative, including, but not 
limited to, land use and zoning; topography, geology, and soils; air 
quality; noise; cultural resources; water resources; and biological 
resources. The Supplemental RFEIS analysis will evaluate direct, 
indirect, and cumulative impacts. Relevant and reasonable measures that 
could avoid or mitigate environmental impacts will also be analyzed. 
Additionally, the Bureau will undertake any consultations required by 
applicable laws or regulations.
    The Bureau will issue a Draft Supplemental RFEIS for a 45-day 
public comment period, during which a public meeting will be held in 
the community of Whitesburg. A notice of availability of the Draft 
Supplemental RFEIS and a notice of public meeting will be published in 
the Federal Register and in area newspapers in advance of the release 
of the Draft Supplemental RFEIS and the public meeting. Those notices 
will identify further details about the public meeting and the specific 
opportunities and methods for the public to provide comments on the 
Draft Supplemental RFEIS.
    The mailing list for the Draft Supplemental RFEIS will be based on 
the mailing list in the 2016 RFEIS. Those on this list will receive a 
copy of

[[Page 81810]]

the Draft Supplemental RFEIS. This list includes local, state, and 
federal agencies with jurisdiction, elected officials and community 
leaders, businesses and organizations, and other interested parties and 
individuals. Anyone wishing to be added to the mailing list to receive 
a copy of the Draft Supplemental RFEIS may request to be added by 
contacting the Bureau's Site Selection Specialist at the address below.
    Following issuance of the Draft Supplemental RFEIS and completion 
of the 45-day public comment period on the Draft Supplemental RFEIS, 
the Bureau will issue a Final Supplemental RFEIS that will include 
comments received during the public comment period on the Draft 
Supplemental RFEIS. The Final Supplemental RFEIS will also include the 
Bureau's response to substantive comments received on the Draft 
Supplemental RFEIS. Following publication of the Final Supplemental 
RFEIS, a 30-day review period will be provided. No action will be taken 
to implement any of the proposed alternatives until completion of the 
30-day review period on the Final Supplemental RFEIS and issuance of a 
Record of Decision on behalf of the Bureau by its Director or Acting 
Director.

    Dated: November 4, 2016.
Issac Gaston,
Site Selection Specialist, Capacity, Planning and Construction, U.S. 
Department of Justice, Federal Bureau of Prisons.
[FR Doc. 2016-27148 Filed 11-17-16; 8:45 am]
 BILLING CODE P



                                                                              Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices                                            81809

                                                  SUPPLEMENTARY INFORMATION:       Written                survey. In order to calculate the public              Penitentiary, Federal Prison Camp,
                                                  comments and suggestions from the                       burden for the survey, EPIC multiplied                ancillary facilities, and access roads in
                                                  public and affected agencies concerning                 one hour by 7930 which equals 7930                    Letcher County. The RFEIS analyzed
                                                  the proposed collection of information                  total annual burden hours.                            two potential locations: An
                                                  are encouraged. Your comments should                      If additional information is required               approximately 753-acre site in eastern
                                                  address one or more of the following                    contact: Jerri Murray, Department                     Letcher County (Alternative 1-Payne
                                                  four points:                                            Clearance Officer, United States                      Gap), and an approximately 700-acre
                                                  —Evaluate whether the proposed                          Department of Justice, Justice                        site in western Letcher County
                                                    collection of information is necessary                Management Division, Policy and                       (Alternative 2-Roxana). The RFEIS
                                                    for the proper performance of the                     Planning Staff, Two Constitution                      identified Alternative 2-Roxana as the
                                                    functions of the Bureau of Justice                    Square, 145 N Street NE., 3E.405B,                    preferred alternative because it best
                                                    Statistics, including whether the                     Washington, DC 20530.                                 meets the project needs and, on balance,
                                                    information will have practical utility;                Dated: November 15, 2016.                           would have fewer impacts to the natural
                                                  —Evaluate the accuracy of the agency’s                  Jerri Murray,                                         and built environment.
                                                    estimate of the burden of the                                                                                  The Bureau was originally
                                                                                                          Department Clearance Officer for PRA, U.S.
                                                    proposed collection of information,                   Department of Justice.
                                                                                                                                                                considering acquiring approximately
                                                    including the validity of the                                                                               700 acres at the Roxana site for this
                                                                                                          [FR Doc. 2016–27778 Filed 11–17–16; 8:45 am]
                                                    methodology and assumptions used;                                                                           project. In an effort to reduce potentially
                                                                                                          BILLING CODE 4410–09–P
                                                  —Evaluate whether and if so how the                                                                           impacted property, the Bureau is
                                                    quality, utility, and clarity of the                                                                        removing two parcels of land at the
                                                    information to be collected can be                                                                          Roxana site from acquisition
                                                                                                          DEPARTMENT OF JUSTICE
                                                    enhanced; and                                                                                               consideration, resulting in a proposed
                                                  —Minimize the burden of the collection                  Federal Bureau of Prisons                             site of approximately 570 acres. This
                                                    of information on those who are to                                                                          reduction in site size has necessitated
                                                    respond, including through the use of                 Notice of Intent To Prepare a                         modifying the facilities layout evaluated
                                                    appropriate automated, electronic,                    Supplemental Revised Final                            for Alternative 2-Roxana in the RFEIS.
                                                    mechanical, or other technological                    Environmental Impact Statement for                    The environmental impacts of the
                                                    collection techniques or other forms                  the Proposed United States                            modified Alternative 2-Roxana will be
                                                    of information technology, e.g.,                      Penitentiary and Federal Prison Camp                  analyzed in the Supplemental RFEIS.
                                                    permitting electronic submission of                   in Letcher County, Kentucky                           The alternatives to be evaluated in the
                                                    responses.                                                                                                  Supplemental RFEIS include the No
                                                                                                          AGENCY: Federal Bureau of Prisons, U.S.               Action Alternative and Alternative 2-
                                                  Overview of This Information                            Department of Justice.                                Roxana.
                                                  Collection                                              ACTION: Notice of Intent.                                The Supplemental RFEIS will analyze
                                                    (1) Type of Information Collection:                                                                         potential environmental impacts that
                                                                                                          SUMMARY:   Pursuant to the National
                                                  Extension of a currently approved                                                                             may result from the modified
                                                                                                          Environmental Policy Act (NEPA) of
                                                  collection.                                                                                                   alternative, including, but not limited
                                                                                                          1969, as implemented by the Council on                to, land use and zoning; topography,
                                                    (2) The Title of the Form/Collection:
                                                                                                          Environmental Quality regulations, the                geology, and soils; air quality; noise;
                                                  National Clandestine Laboratory Seizure
                                                                                                          Federal Bureau of Prisons (Bureau)                    cultural resources; water resources; and
                                                  Report.
                                                    (3) The agency form number, if any,                   announces its intent to prepare a                     biological resources. The Supplemental
                                                  and the applicable component of the                     Supplement to the March 2016 Revised                  RFEIS analysis will evaluate direct,
                                                  Department sponsoring the collection:                   Final Environmental Impact Statement                  indirect, and cumulative impacts.
                                                  EPIC–143.                                               (RFEIS) for ‘‘Proposed United States                  Relevant and reasonable measures that
                                                    (4) Affected public who will be asked                 Penitentiary and Federal Prison Camp                  could avoid or mitigate environmental
                                                  or required to respond, as well as a brief              Letcher County, Kentucky.’’                           impacts will also be analyzed.
                                                  abstract: State, Local or Tribal                        FOR FURTHER INFORMATION CONTACT:                      Additionally, the Bureau will undertake
                                                  government law enforcement agencies.                    Issac Gaston, Site Selection Specialist;              any consultations required by
                                                  Records reported in the National                        U.S. Department of Justice, Federal                   applicable laws or regulations.
                                                  Seizure System include clandestine                      Bureau of Prisons, 320 First Street NW.,                 The Bureau will issue a Draft
                                                  laboratory seizure information managed                  Washington, DC 20534; email: igaston@                 Supplemental RFEIS for a 45-day public
                                                  by the El Paso Intelligence Center, Drug                bop.gov.                                              comment period, during which a public
                                                  Enforcement Administration, and                         SUPPLEMENTARY INFORMATION: The                        meeting will be held in the community
                                                  available to other law enforcement                      Supplemental RFEIS is being prepared                  of Whitesburg. A notice of availability of
                                                  agencies in the discharge of their law                  to address substantial changes to the                 the Draft Supplemental RFEIS and a
                                                  enforcement duties and responsibilities.                proposed action that are relevant to                  notice of public meeting will be
                                                    (5) An estimate of the total number of                environmental concerns, as required                   published in the Federal Register and in
                                                  respondents and the amount of time                      under NEPA [40 CFR 1502.9(c)], and                    area newspapers in advance of the
                                                  estimated for an average respondent to                  will assess any new circumstances or                  release of the Draft Supplemental RFEIS
                                                  respond: It is estimated that                           information relevant to potential                     and the public meeting. Those notices
                                                  approximately 7930 respondents will                     environmental impacts.                                will identify further details about the
                                                  complete the survey within                                 In March 2016, the Bureau completed                public meeting and the specific
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                                                  approximately one hour.                                 the Revised Final EIS for the Proposed                opportunities and methods for the
                                                    (6) An estimate of the total public                   United States Penitentiary and Federal                public to provide comments on the Draft
                                                  burden (in hours) associated with the                   Prison Camp, Letcher County,                          Supplemental RFEIS.
                                                  collection: The estimated public burden                 Kentucky, which evaluated the potential                  The mailing list for the Draft
                                                  associated with this collection is 7930                 environmental impacts from the                        Supplemental RFEIS will be based on
                                                  hours. It is estimated that respondents                 acquisition of property and construction              the mailing list in the 2016 RFEIS.
                                                  will take one hour to complete the                      and operation of a new United States                  Those on this list will receive a copy of


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                                                  81810                       Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

                                                  the Draft Supplemental RFEIS. This list                 ADDRESSES:   You may submit your                      equipment and conductors;
                                                  includes local, state, and federal                      comments, identified by ‘‘docket                      permissibility).
                                                  agencies with jurisdiction, elected                     number’’ on the subject line, by any of                  Modification Request: The petitioner
                                                  officials and community leaders,                        the following methods:                                requests a modification of the existing
                                                  businesses and organizations, and other                    1. Electronic Mail: zzMSHA-                        standard to permit use of
                                                  interested parties and individuals.                     comments@dol.gov. Include the docket                  nonpermissible electric equipment
                                                  Anyone wishing to be added to the                       number of the petition in the subject                 within 150 feet of the pillar line to
                                                  mailing list to receive a copy of the Draft             line of the message.                                  include drags and battery locomotives.
                                                  Supplemental RFEIS may request to be                       2. Facsimile: 202–693–9441.                        The request is due in part to the method
                                                  added by contacting the Bureau’s Site                      3. Regular Mail or Hand Delivery:                  of mining used in pitching anthracite
                                                  Selection Specialist at the address                     MSHA, Office of Standards,                            mines and the alternative evaluation of
                                                  below.                                                  Regulations, and Variances, 201 12th                  the mine air quality for methane on an
                                                    Following issuance of the Draft                       Street South, Suite 4E401, Arlington,                 hourly basis during operation, with one
                                                  Supplemental RFEIS and completion of                    Virginia 22202–5452, Attention: Sheila                of the gas test results to be recorded in
                                                  the 45-day public comment period on                     McConnell, Director, Office of                        the on-shift examination record. The
                                                  the Draft Supplemental RFEIS, the                       Standards, Regulations, and Variances.                petitioner also proposes to suspend
                                                  Bureau will issue a Final Supplemental                  Persons delivering documents are                      equipment operation any time methane
                                                  RFEIS that will include comments                        required to check in at the receptionist’s            concentration at the equipment reaches
                                                  received during the public comment                      desk in Suite 4E401. Individuals may                  0.5 percent methane either during
                                                  period on the Draft Supplemental                        inspect copies of the petitions and                   operation or when found during a
                                                  RFEIS. The Final Supplemental RFEIS                     comments during normal business                       preshift examination. The petitioner
                                                  will also include the Bureau’s response                 hours at the address listed above.                    states that:
                                                  to substantive comments received on                        MSHA will consider only comments                      (1) The equipment will be operated in
                                                  the Draft Supplemental RFEIS.                           postmarked by the U.S. Postal Service or              the working section’s only intake entry
                                                  Following publication of the Final                      proof of delivery from another delivery               (gangway), which is regularly traveled
                                                  Supplemental RFEIS, a 30-day review                     service such as UPS or Federal Express                and examined.
                                                  period will be provided. No action will                 on or before the deadline for comments.                  (2) The use of drags on less than
                                                  be taken to implement any of the                        FOR FURTHER INFORMATION CONTACT:                      moderate pitching veins (less than 20
                                                  proposed alternatives until completion                  Barbara Barron, Office of Standards,                  degrees pitch) is the only practical
                                                  of the 30-day review period on the Final                Regulations, and Variances at 202–693–                system of mining in use.
                                                  Supplemental RFEIS and issuance of a                    9447 (Voice), barron.barbara@dol.gov                     (3) Permissible drags are not
                                                  Record of Decision on behalf of the                     (Email), or 202–693–9441 (Facsimile).                 commercially available, and due in part
                                                  Bureau by its Director or Acting                        [These are not toll-free numbers.]                    to their small size, permissible
                                                  Director.                                               SUPPLEMENTARY INFORMATION:                            locomotives are not commercially
                                                    Dated: November 4, 2016.                                                                                    available either.
                                                                                                          I. Background                                            (4) As a result of low daily production
                                                  Issac Gaston,
                                                                                                             Section 101(c) of the Federal Mine                 rates and full timbering support, in-
                                                  Site Selection Specialist, Capacity, Planning                                                                 rushes of methane due to massive pillar
                                                  and Construction, U.S. Department of Justice,           Safety and Health Act of 1977 (Mine
                                                  Federal Bureau of Prisons.                              Act) allows the mine operator or                      falls are unlikely to occur.
                                                                                                          representative of miners to file a                       (5) Recovery of the pillars above the
                                                  [FR Doc. 2016–27148 Filed 11–17–16; 8:45 am]
                                                                                                          petition to modify the application of any             first miner heading is usually
                                                  BILLING CODE P
                                                                                                          mandatory safety standard to a coal or                accomplished on the advance within
                                                                                                          other mine if the Secretary of Labor                  150 feet of the section intake (gangway)
                                                                                                          determines that:                                      and the remaining mineable pillars
                                                  DEPARTMENT OF LABOR                                                                                           recovered from the deepest point of
                                                                                                             1. An alternative method of achieving
                                                                                                          the result of such standard exists which              penetration outby.
                                                  Mine Safety and Health Administration                                                                            (6) The 5,000 cubic feet per minute of
                                                                                                          will at all times guarantee no less than
                                                  Petitions for Modification of                           the same measure of protection afforded               required intake airflow is measured just
                                                  Application of Existing Mandatory                       the miners of such mine by such                       outby the nonpermissible equipment
                                                  Safety Standards                                        standard; or                                          with the ventilating air passing over the
                                                                                                             2. That the application of such                    equipment to ventilate the pillar being
                                                  AGENCY: Mine Safety and Health                          standard to such mine will result in a                mined.
                                                  Administration, Labor.                                  diminution of safety to the miners in                    (7) The electrical equipment is
                                                  ACTION: Notice.                                         such mine.                                            attended during operation and either
                                                                                                             In addition, the regulations at 30 CFR             power to the unit deenergized at the
                                                  SUMMARY:   Section 101(c) of the Federal                                                                      intersection of the working gangway and
                                                                                                          44.10 and 44.11 establish the
                                                  Mine Safety and Health Act of 1977 and                                                                        intake slope or equipment moved to that
                                                                                                          requirements and procedures for filing
                                                  Title 30 of the Code of Federal                                                                               area when production ceases,
                                                                                                          petitions for modification.
                                                  Regulations Part 44 govern the                                                                                minimizing any ignition potential from
                                                  application, processing, and disposition                II. Petitions for Modification                        the pillar recovery area.
                                                  of petitions for modification. This notice                 Docket Number: M–2016–031–C.                          (8) Where more than one active line
                                                  is a summary of petitions for                                                                                 of pillar breasts recovery exists, the
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                                                                                                             Petitioner: S & J Coal Mine, 15 Motter
                                                  modification submitted to the Mine                      Drive, Pine Grove, Pennsylvania 17963–                locomotive may travel to a point just
                                                  Safety and Health Administration                        8854.                                                 outby the deepest active chute/breast
                                                  (MSHA) by the parties listed below.                        Mine: Slope #2 Mine, MSHA I.D. No.                 (room) workings or last open crosscut in
                                                  DATES: All comments on the petitions                    36–09963, located in Schuylkill County,               a developing set of entries.
                                                  must be received by MSHA’s Office of                    Pennsylvania.                                            The petitioner asserts that the
                                                  Standards, Regulations, and Variances                      Regulation Affected: 30 CFR                        proposed alternative method will at all
                                                  on or before December 19, 2016.                         75.1002(a) (Installation of electric                  times guarantee no less than the same


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Document Created: 2018-02-14 08:31:34
Document Modified: 2018-02-14 08:31:34
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.
ContactIssac Gaston, Site Selection Specialist; U.S. Department of Justice, Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534; email: [email protected]
FR Citation81 FR 81809 

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