81 FR 96485 - Notice of Availability of the Final Environmental Impact Report/Final Environmental Impact Statement, Bay Delta Conservation Plan/California WaterFix
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation Federal Register Volume 81, Issue 251 (December 30, 2016)
Bureau of Reclamation
Federal Register Volume 81, Issue 251 (December 30, 2016)
| Page Range | 96485-96486 | |
| FR Document | 2016-31735 |
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)] [Notices] [Pages 96485-96486] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31735] [[Page 96485]] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR02800000, 17XR0687ND, RX185279142060200] Notice of Availability of the Final Environmental Impact Report/ Final Environmental Impact Statement, Bay Delta Conservation Plan/ California WaterFix AGENCY: Bureau of Reclamation, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Bureau of Reclamation (Reclamation), in coordination with the California Department of Water Resources (DWR), has prepared a Final Environmental Impact Report/Final Environmental Impact Statement (Final EIR/EIS) for the Bay Delta Conservation Plan/California WaterFix pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). The DWR proposes to implement a strategy to help restore ecological functions of the Delta and improve water supply reliability in the state of California. The Final EIR/EIS describes and analyzes potential environmental impacts of alternatives and identifies mitigation measures to help avoid or minimize impacts. The initial approach focused on a Habitat Conservation Plan, referred to as the Bay Delta Conservation Plan (BDCP), which included modifications to the State Water Project (SWP) and associated Conservation Measures. A new alternative strategy emerged after public input on the Draft EIR/EIS and was further refined in a Recirculated Draft EIR/Supplemental Draft EIS (RDEIR/SDEIS). This new strategy, the California Waterfix, focuses on a new water conveyance facility, habitat restoration measures necessary to minimize or avoid project effects, and a revised set of Conservation Measures. Endangered Species Act compliance would be achieved through Section 7 consultation. DATES: No Federal or State decision on the proposed action will be made until at least 30 days after the U.S. Environmental Protection Agency (EPA) publishes a notice of availability of the Final EIR/EIS. After the 30-day period, the U.S. Department of the Interior will sign a Record of Decision and DWR will complete a Notice of Decision. The Record of Decision will state the actions that will be implemented by Reclamation and will discuss factors leading to the decisions. ADDRESSES: Send requests for the Final EIR/EIS to Brook White, Bureau of Reclamation, Mid-Pacific Region, Bay-Delta Office, 801 I Street, Suite 140, Sacramento, CA 95814-2536, by calling (916) 414-2402, or emailing [email protected]. To view or download the Final EIR/EIS, or for a list of locations to view hard-bound copies, go to www.baydeltaconservationplan.com. FOR FURTHER INFORMATION CONTACT: Brook White, Bureau of Reclamation, (916) 414-2402, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Background On January 24, 2008, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) issued a Notice of Intent (NOI) to prepare an EIS on the BDCP (73 FR 4178). The NOI was reissued on April 15, 2008, to include Reclamation as a co-lead Federal agency, update the status of the planning process, and provide revised information related to scoping meetings (73 FR 20326). The NOI dated April 15, 2008 identified scoping meeting locations and stated that written comments would be accepted until May 30, 2008. Additional information was later developed to describe the proposed BDCP, and subsequent scoping activities were initiated on February 13, 2009, with the publication of a revised NOI (74 FR 7257). The NOI identified scoping meeting locations and stated that written comments would be accepted until May 14, 2009. In December 2010, the California Natural Resources Agency provided to the public a summary of the BDCP, its status, and a list of outstanding issues. In 2011 and 2012, public meetings continued in Sacramento, California, to update stakeholders and the public on elements of the Draft BDCP and EIR/EIS that were being developed. On December 13, 2013, the Draft BDCP and associated Draft EIR/EIS were released to the public and a 120-day public comment period was opened through notification in the Federal Register (78 FR 75939). This notice described the proposed action and a reasonable range of alternatives. Twelve more public meetings were held in California in early 2014. In response to requests from the public, the comment period was extended for an additional 60 days and closed on June 13, 2014 (79 FR 17135). A Draft Implementing Agreement for the BDCP was also made available to the public on May 30, 2014, for a 60-day review and comment period, which closed on July 29, 2014. The comment period for the Draft EIR/EIS was also extended to the later date. All draft documents are available at www.BayDeltaConservationPlan.com. As a result of considering comments on the Draft BDCP, Draft EIR/ EIS, and Draft Implementing Agreement, Reclamation and DWR proposed three additional conveyance alternatives for analysis in a RDEIR/SDEIS released on July 10, 2015 (80 FR 39797). These new alternatives, 2D, 4A, and 5A, each contain fewer Conservation Measures than the alternatives circulated in the Draft EIS/EIR. Each of the new alternatives is not structured as a Habitat Conservation Plan/Natural Communities Conservation Plan but is structured to achieve compliance with the Endangered Species Act through consultation under Section 7 and with the California Endangered Species Act through the incidental take permit process under Section 2081(b) of the California Fish & Game Code. On July 10, 2015, the RDEIR/SDEIS was released to the public. Comments were due on August 31, 2015. The RDEIR/SDEIS described and analyzed project modifications and refinement of the resource area analyses, alternatives, and actions. Reclamation became the Federal lead agency and NMFS, USFWS, and the U.S. Army Corps of Engineers, by virtue of their regulatory review requirements, became cooperating agencies for the RDEIR/SDEIS. All other entities identified as Cooperating Agencies through prior agreements retained their status for the RDEIR/SDEIS. DWR identified Alternative 4A (known as the California WaterFix) as their proposed project and Reclamation has selected Alternative 4A as the National Environmental Policy Act preferred alternative. This alternative consists of a water conveyance facility with three intakes, habitat restoration measures necessary to minimize or avoid project effects, and modified versions of a subset of Conservation Measures from the BDCP. Alternative 4A is proposed to make physical and operational improvements to the SWP in the Delta necessary to restore and protect ecosystem health, water supplies of the SWP and CVP south- of-Delta, and water quality within a stable regulatory framework, consistent with statutory and contractual obligations. For further background information, see the December 13, 2013 Federal Register notice for the draft EIR/EIS (78 FR 75939). The Final EIR/EIS contains responses to all substantive comments received on the Draft EIR/EIS and RDEIR/SDEIS, and reflects comments and any additional [[Page 96486]] information received during the review period. DWR's certification of the EIR and final decision-making under the CEQA will not occur until at least 30 days after EPA publishes a notice of availability of the Final EIR/EIS. This distribution of the Final EIR/EIS, including the written proposed responses to comments submitted by public agencies, is intended to satisfy the requirement to provide these responses to commenting public agencies at least 10 days prior to certification, consistent with CEQA Guidelines Section 15088(b). In addition, the end of the Federal Register notice period is intended by DWR to close the period by which any person may submit to DWR any grounds for noncompliance with CEQA, CA Public Resources Code Section 21177(a). Public Disclosure Before including your address, phone number, email address, or other personal identifying information in any correspondence, you should be aware that your entire correspondence--including your personal identifying information--may be made publicly available at any time. While you may ask us in your correspondence to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: December 27, 2016. Camille Touton, Acting Principal Deputy Assistant Secretary--Water and Science. [FR Doc. 2016-31735 Filed 12-29-16; 8:45 am] BILLING CODE 4332-90-P
![Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices 96485
DEPARTMENT OF THE INTERIOR Reclamation, Mid-Pacific Region, Bay- EIS was also extended to the later date.
Delta Office, 801 I Street, Suite 140, All draft documents are available at
Bureau of Reclamation Sacramento, CA 95814–2536, by calling www.BayDeltaConservationPlan.com.
[RR02800000, 17XR0687ND, (916) 414–2402, or emailing bwhite@ As a result of considering comments
RX185279142060200] usbr.gov. on the Draft BDCP, Draft EIR/EIS, and
To view or download the Final EIR/ Draft Implementing Agreement,
Notice of Availability of the Final EIS, or for a list of locations to view Reclamation and DWR proposed three
Environmental Impact Report/Final hard-bound copies, go to additional conveyance alternatives for
Environmental Impact Statement, Bay www.baydeltaconservationplan.com. analysis in a RDEIR/SDEIS released on
Delta Conservation Plan/California FOR FURTHER INFORMATION CONTACT: July 10, 2015 (80 FR 39797). These new
WaterFix Brook White, Bureau of Reclamation, alternatives, 2D, 4A, and 5A, each
AGENCY: Bureau of Reclamation, (916) 414–2402, or by email at bwhite@ contain fewer Conservation Measures
Interior. usbr.gov. than the alternatives circulated in the
SUPPLEMENTARY INFORMATION:
Draft EIS/EIR. Each of the new
ACTION: Notice.
alternatives is not structured as a
SUMMARY: The Bureau of Reclamation Background Habitat Conservation Plan/Natural
(Reclamation), in coordination with the On January 24, 2008, the U.S. Fish Communities Conservation Plan but is
California Department of Water and Wildlife Service (USFWS) and the structured to achieve compliance with
Resources (DWR), has prepared a Final National Marine Fisheries Service the Endangered Species Act through
Environmental Impact Report/Final (NMFS) issued a Notice of Intent (NOI) consultation under Section 7 and with
Environmental Impact Statement (Final to prepare an EIS on the BDCP (73 FR the California Endangered Species Act
EIR/EIS) for the Bay Delta Conservation 4178). The NOI was reissued on April through the incidental take permit
Plan/California WaterFix pursuant to 15, 2008, to include Reclamation as a process under Section 2081(b) of the
the California Environmental Quality co-lead Federal agency, update the California Fish & Game Code. On July
Act (CEQA) and the National status of the planning process, and 10, 2015, the RDEIR/SDEIS was released
Environmental Policy Act (NEPA). The provide revised information related to to the public. Comments were due on
DWR proposes to implement a strategy scoping meetings (73 FR 20326). The August 31, 2015.
to help restore ecological functions of NOI dated April 15, 2008 identified The RDEIR/SDEIS described and
the Delta and improve water supply scoping meeting locations and stated analyzed project modifications and
reliability in the state of California. The that written comments would be refinement of the resource area analyses,
Final EIR/EIS describes and analyzes accepted until May 30, 2008. Additional alternatives, and actions. Reclamation
potential environmental impacts of information was later developed to became the Federal lead agency and
alternatives and identifies mitigation describe the proposed BDCP, and NMFS, USFWS, and the U.S. Army
measures to help avoid or minimize subsequent scoping activities were Corps of Engineers, by virtue of their
impacts. The initial approach focused initiated on February 13, 2009, with the regulatory review requirements, became
on a Habitat Conservation Plan, referred publication of a revised NOI (74 FR cooperating agencies for the RDEIR/
to as the Bay Delta Conservation Plan 7257). The NOI identified scoping SDEIS. All other entities identified as
(BDCP), which included modifications meeting locations and stated that Cooperating Agencies through prior
to the State Water Project (SWP) and written comments would be accepted agreements retained their status for the
associated Conservation Measures. A until May 14, 2009. RDEIR/SDEIS.
new alternative strategy emerged after In December 2010, the California DWR identified Alternative 4A
public input on the Draft EIR/EIS and Natural Resources Agency provided to (known as the California WaterFix) as
was further refined in a Recirculated the public a summary of the BDCP, its their proposed project and Reclamation
Draft EIR/Supplemental Draft EIS status, and a list of outstanding issues. has selected Alternative 4A as the
(RDEIR/SDEIS). This new strategy, the In 2011 and 2012, public meetings National Environmental Policy Act
California Waterfix, focuses on a new continued in Sacramento, California, to preferred alternative. This alternative
water conveyance facility, habitat update stakeholders and the public on consists of a water conveyance facility
restoration measures necessary to elements of the Draft BDCP and EIR/EIS with three intakes, habitat restoration
minimize or avoid project effects, and a that were being developed. measures necessary to minimize or
revised set of Conservation Measures. On December 13, 2013, the Draft avoid project effects, and modified
Endangered Species Act compliance BDCP and associated Draft EIR/EIS were versions of a subset of Conservation
would be achieved through Section 7 released to the public and a 120-day Measures from the BDCP. Alternative
consultation. public comment period was opened 4A is proposed to make physical and
DATES: No Federal or State decision on through notification in the Federal operational improvements to the SWP
the proposed action will be made until Register (78 FR 75939). This notice in the Delta necessary to restore and
at least 30 days after the U.S. described the proposed action and a protect ecosystem health, water supplies
Environmental Protection Agency (EPA) reasonable range of alternatives. Twelve of the SWP and CVP south-of-Delta, and
publishes a notice of availability of the more public meetings were held in water quality within a stable regulatory
Final EIR/EIS. After the 30-day period, California in early 2014. In response to framework, consistent with statutory
the U.S. Department of the Interior will requests from the public, the comment and contractual obligations. For further
sign a Record of Decision and DWR will period was extended for an additional background information, see the
srobinson on DSK5SPTVN1PROD with NOTICES
complete a Notice of Decision. The 60 days and closed on June 13, 2014 (79 December 13, 2013 Federal Register
Record of Decision will state the actions FR 17135). A Draft Implementing notice for the draft EIR/EIS (78 FR
that will be implemented by Agreement for the BDCP was also made 75939).
Reclamation and will discuss factors available to the public on May 30, 2014, The Final EIR/EIS contains responses
leading to the decisions. for a 60-day review and comment to all substantive comments received on
ADDRESSES: Send requests for the Final period, which closed on July 29, 2014. the Draft EIR/EIS and RDEIR/SDEIS, and
EIR/EIS to Brook White, Bureau of The comment period for the Draft EIR/ reflects comments and any additional
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![96486 Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
information received during the review 18. The proposed Final Judgment, filed around the United States, including the
period. at the same time as the Complaint, areas in and around Montgomery,
DWR’s certification of the EIR and requires AMC to divest certain theatre Alabama; Destin and Miramar Beach,
final decision-making under the CEQA assets, reduce its equity holdings and Florida; Orange Park and Fleming
will not occur until at least 30 days after relinquish its governance rights in Island, Florida; Cumming, Georgia;
EPA publishes a notice of availability of National CineMedia, LLC, and complete Lithonia and Conyers, Georgia;
the Final EIR/EIS. This distribution of screen transfers to the cinema Crestwood and Lansing, Illinois; Normal
the Final EIR/EIS, including the written advertising network of Screenvision, and Bloomington, Illinois; Pekin, Peoria,
proposed responses to comments LLC. and Washington, Illinois; Inver Grove
submitted by public agencies, is Copies of the Complaint, proposed Heights and Oakdale, Minnesota; Coon
intended to satisfy the requirement to Final Judgment, Hold Separate Rapids and Mounds View, Minnesota;
provide these responses to commenting Stipulation and Order, and Competitive Rockaway and Sparta, New Jersey;
public agencies at least 10 days prior to Impact Statement are available for Westfield and Cranford, New Jersey;
certification, consistent with CEQA inspection on the Antitrust Division’s Lawton, Oklahoma; Allentown and
Guidelines Section 15088(b). In website at http://www.justice.gov/atr Center Valley, Pennsylvania; and
addition, the end of the Federal Register and at the Office of the Clerk of the Madison and Fitchburg, Wisconsin
notice period is intended by DWR to United States District Court for the (collectively, the ‘‘Local Markets’’). If
close the period by which any person District of Columbia. Copies of these AMC acquires Carmike, AMC would
may submit to DWR any grounds for materials may be obtained from the obtain direct control of one of its most
noncompliance with CEQA, CA Public Antitrust Division upon request and significant competitors in the Local
Resources Code Section 21177(a). payment of the copying fee set by Markets, likely resulting in higher ticket
Public Disclosure Department of Justice regulations. prices and/or a lower quality viewing
Public comment is invited within 60 experience for moviegoers in these
Before including your address, phone days of the date of this notice. Such
number, email address, or other areas.
comments, including the name of the
personal identifying information in any submitter, and responses thereto, will be 2. AMC is also a founding member of
correspondence, you should be aware posted on the Antitrust Division’s National CineMedia, LLC (‘‘NCM’’)—the
that your entire correspondence— website, filed with the Court, and, under nation’s largest provider of preshow
including your personal identifying certain circumstances, published in the services to exhibitors—and remains one
information—may be made publicly Federal Register.Comments should be of NCM’s largest investors and
available at any time. While you may directed to Owen M. Kendler, Acting exhibitors. Carmike is the largest
ask us in your correspondence to Chief, Litigation III Section, Antitrust exhibitor in the network of NCM’s main
withhold your personal identifying Division, Department of Justice, 450 competitor, Screenvision Exhibitions,
information from public review, we Fifth Street N.W., Suite 4000, Inc. (‘‘Screenvision’’), and is one of
cannot guarantee that we will be able to Washington, DC 20530 (telephone: 202– Screenvision’s largest investors. NCM
do so. 305–8376). and Screenvision are the country’s two
Dated: December 27, 2016. leading preshow cinema advertising
Patricia A. Brink, networks and together cover over 80%
Camille Touton,
Director of Civil Enforcement. of movie theatre screens in the United
Acting Principal Deputy Assistant Secretary—
Water and Science. United States District Court for the States. If AMC’s proposed acquisition of
[FR Doc. 2016–31735 Filed 12–29–16; 8:45 am] District of Columbia Carmike were to proceed, it would
BILLING CODE 4332–90–P
likely weaken competition between
United States of America, Antitrust NCM and Screenvision because they
Division, 450 Fifth Street NW., Suite would have a significant common
4000, Washington, DC 20530, Plaintiff, owner. In addition, the proposed merger
DEPARTMENT OF JUSTICE v. AMC Entertainment Holdings, Inc., would undermine Screenvision’s ability
One AMC Way, 11500 Ash Street, to compete for advertisers and
Antitrust Division
Leawood, KS 64105, and, Carmike exhibitors because, as explained below,
United States v. AMC Entertainment Cinemas, Inc., 1301 First Avenue, Screenvision will no longer be able to
Holdings, Inc., et al.; Proposed Final Columbus, GA 31901, Defendants. rely on Carmike’s growth to expand its
Judgment and Competitive Impact Case No.: 1:16–cv–02475. network. The loss of competition in the
Statement Judge: Randolph D. Moss. markets for preshow services and
Filed: 12/20/2016. cinema advertising will likely result in
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act, Complaint lower preshow services revenues to
15 U.S.C. 16(b)–(h), that a proposed exhibitors, higher prices to cinema
The United States of America, acting
Final Judgment, Hold Separate advertisers, and lower quality preshow
under the direction of the Attorney
Stipulation and Order, and Competitive services and advertising.
General of the United States, brings this
Impact Statement have been filed with civil antitrust action to prevent the 3. Accordingly, AMC’s proposed
the United States District Court for the proposed acquisition by Defendant acquisition of Carmike likely would
District of Columbia in United States of AMC Entertainment Holdings, Inc. substantially lessen competition in each
America v. AMC Entertainment of the Local Markets for the exhibition
srobinson on DSK5SPTVN1PROD with NOTICES
(‘‘AMC’’) of all of the outstanding voting
Holdings, Inc., et al., Civil Action No. securities of Defendant Carmike of first-run, commercial movies and in
1:16–cv–2475. On December 20, 2016, Cinemas, Inc. (‘‘Carmike’’). the markets for the sale of preshow
the United States filed a Complaint services to exhibitors and the sale of
alleging that the proposed acquisition I. Nature of Action cinema advertising to advertisers in the
by AMC Entertainment Holdings, Inc. of 1. AMC is a significant competitor to United States in violation of Section 7
Carmike Cinemas, Inc. would violate Carmike in the exhibition of first-run of the Clayton Act, 15 U.S.C. 18, and
Section 7 of the Clayton Act, 15 U.S.C. commercial movies in multiple areas should be enjoined.
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Document Created: 2016-12-30 05:16:21
Document Modified: 2016-12-30 05:16:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | No Federal or State decision on the proposed action will be made until at least 30 days after the U.S. Environmental Protection Agency (EPA) publishes a notice of availability of the Final EIR/EIS. After the 30-day period, the U.S. Department of the Interior will sign a Record of Decision and DWR will complete a Notice of Decision. The Record of Decision will state the actions that will be implemented by Reclamation and will discuss factors leading to the decisions. | |
| Contact | Brook White, Bureau of Reclamation, (916) 414-2402, or by email at [email protected] | |
| FR Citation | 81 FR 96485 |
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