82 FR 8255 - Notice To Rescind Notice of Intent To Prepare an Environmental Impact Statement: Lone Star Regional Rail Project, Williamson, Travis, Bastrop, Hays, Caldwell, Comal Guadalupe and Bexar Counties, State of Texas
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 82, Issue 14 (January 24, 2017)
Federal Highway Administration
Federal Register Volume 82, Issue 14 (January 24, 2017)
| Page Range | 8255-8255 | |
| FR Document | 2017-01544 |
[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)] [Notices] [Page 8255] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01544] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice To Rescind Notice of Intent To Prepare an Environmental Impact Statement: Lone Star Regional Rail Project, Williamson, Travis, Bastrop, Hays, Caldwell, Comal Guadalupe and Bexar Counties, State of Texas AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Rescind Notice of Intent to prepare an Environmental Impact Statement (EIS) for the Lone Star Rail Project in Central Texas. ----------------------------------------------------------------------- SUMMARY: The FHWA is issuing this notice to advise the public that the Notice of Intent to prepare an EIS for the proposed Lone Star Rail transportation project to construct and operate a regional passenger rail service system along the IH-35 corridor connecting the greater Austin and San Antonio metropolitan areas is rescinded. The Texas Department of Transportation (TxDOT) will no longer prepare an EIS for the Lone Star Rail Project. FOR FURTHER INFORMATION CONTACT: Michael T. Leary, Director of Planning and Program Development, Federal Highway Administration, 300 E. 8th Street, Room 826, Austin, Texas 78701, by telephone (512)536-5940. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the TxDOT and the Lone Star Rail District (LSRD), published a Notice of Intent in the Federal Register on October 6, 2014 (Document Number 2014-23711, Pages 60232 to 60323) to prepare an EIS for the proposed project to construct and operate the Lone Star Rail Project, a regional passenger rail service system along the IH-35 corridor connecting the greater Austin and San Antonio metropolitan areas anticipated to be operated by the LSRD. The proposed EIS was to evaluate the reasonable corridor alternatives. The LSRD conducted numerous studies and held public meetings to gather input from the public and other stakeholders to consider in the development of the DEIS. A Notice of Availability (NOA) for a DEIS was never published in the Federal Register. In October 2016, TxDOT requested preparation of the EIS be stopped and the Notice of Intent be rescinded. In January 2017 TxDOT provided information supporting their request to rescind the NOI. The request is based on a number of issues first being the decision by Union Pacific Railroad Company to cancel the UP/LSRD agreement for the possible use MOPAC corridor (the locally preferred alternative) which renders the alternate using of UP right of way nonviable. This action caused a cascade of additional actions by other entities. One of which was the removal the proposed project from the Capital Area Metropolitan Planning Organization (CAMPO--Austin MPO) metropolitan transportation plan (MTP) and an ongoing effort to remove the project in the Alamo Area Metropolitan Planning Organization (AAMPO--San Antonio MPO) MTP. As per current transportation planning regulations 23 CFR450 the project could not advance to a NEPA decision without being in both MPO's metropolitan transportation plans. Further, TxDOT analyzed the other remaining initially reasonable alternatives and determined that: --the use of I 35 corridor would not be financial feasible due to ROW constraints and ongoing I-35 improvements . --the use of the State Highway 130 corridor as per LSRD 2008 fatal flaw analysis concluded the corridor would not support a commuter rail line and ridership and connectivity would make the corridor nonviable. --other alternative combinations such as I 35 and UP rail line and a hybrid option lack viability. Further with an estimated cost of between $2 to $3 billion, funding anticipated by LSRD such as the State's Rail Relocation and Improvement Fund, Federal Railroad Administration grants and private investment have not been capitalized or funded at levels necessary needed to complete the project. Due to the request made by the lead State sponsor (TxDOT) and based on the above information with the UP rail line alternative no longer feasible, lack of viability of other reasonable alternatives, removal of the project from the CAMPO transportation plan and a lack of a capitalized financial plan to move the project forward, the further development of the DEIS is not warranted at this time. As a result, the above mentioned original Notice of Intent is rescinded. The FHWA concurs with the TxDOT that the information gathered during the LSRD EIS project can be used in future efforts to determine viable transportation options for the Austin San Antonio corridor. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway research, Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 315; 49 CFR 1.48. Issued on January 13, 2017. Michael T. Leary, Director Planning and Program Development, FHWA, Texas Division. [FR Doc. 2017-01544 Filed 1-23-17; 8:45 am] BILLING CODE P
![Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices 8255
Reference Room, 100 F Street NE., 60232 to 60323) to prepare an EIS for capitalized or funded at levels necessary
Washington, DC 20549 on official the proposed project to construct and needed to complete the project.
business days between the hours of operate the Lone Star Rail Project, a Due to the request made by the lead
10:00 a.m. and 3:00 p.m. Copies of the regional passenger rail service system State sponsor (TxDOT) and based on the
filing also will be available for along the IH–35 corridor connecting the above information with the UP rail line
inspection and copying at the principal greater Austin and San Antonio alternative no longer feasible, lack of
office of the Exchange. All comments metropolitan areas anticipated to be viability of other reasonable
received will be posted without change; operated by the LSRD. The proposed alternatives, removal of the project from
the Commission does not edit personal EIS was to evaluate the reasonable the CAMPO transportation plan and a
identifying information from corridor alternatives. lack of a capitalized financial plan to
submissions. You should submit only The LSRD conducted numerous move the project forward, the further
information that you wish to make studies and held public meetings to development of the DEIS is not
available publicly. All submissions gather input from the public and other warranted at this time. As a result, the
should refer to File Number SR–CBOE– stakeholders to consider in the above mentioned original Notice of
2017–004 and should be submitted on development of the DEIS. A Notice of Intent is rescinded.
or before February 14, 2017. Availability (NOA) for a DEIS was never The FHWA concurs with the TxDOT
For the Commission, by the Division of published in the Federal Register. In that the information gathered during the
Trading and Markets, pursuant to delegated October 2016, TxDOT requested LSRD EIS project can be used in future
authority.10 preparation of the EIS be stopped and efforts to determine viable
Eduardo A. Aleman, the Notice of Intent be rescinded. In transportation options for the Austin
Assistant Secretary. January 2017 TxDOT provided San Antonio corridor.
[FR Doc. 2017–01463 Filed 1–23–17; 8:45 am] information supporting their request to (Catalog of Federal Domestic Assistance
BILLING CODE 8011–01–P rescind the NOI. Program Number 20.205, Highway research,
The request is based on a number of Planning and Construction. The regulations
issues first being the decision by Union implementing Executive Order 12372
Pacific Railroad Company to cancel the regarding intergovernmental consultation on
DEPARTMENT OF TRANSPORTATION
Federal programs and activities apply to this
UP/LSRD agreement for the possible use program.)
Federal Highway Administration MOPAC corridor (the locally preferred
alternative) which renders the alternate Authority: 23 U.S.C. 315; 49 CFR 1.48.
Notice To Rescind Notice of Intent To using of UP right of way nonviable. This
Prepare an Environmental Impact Issued on January 13, 2017.
action caused a cascade of additional
Statement: Lone Star Regional Rail actions by other entities. One of which
Michael T. Leary,
Project, Williamson, Travis, Bastrop, was the removal the proposed project Director Planning and Program Development,
Hays, Caldwell, Comal Guadalupe and FHWA, Texas Division.
from the Capital Area Metropolitan
Bexar Counties, State of Texas [FR Doc. 2017–01544 Filed 1–23–17; 8:45 am]
Planning Organization (CAMPO—
Austin MPO) metropolitan BILLING CODE P
AGENCY: Federal Highway
Administration (FHWA), DOT. transportation plan (MTP) and an
ACTION: Rescind Notice of Intent to ongoing effort to remove the project in
the Alamo Area Metropolitan Planning DEPARTMENT OF TRANSPORTATION
prepare an Environmental Impact
Statement (EIS) for the Lone Star Rail Organization (AAMPO—San Antonio Federal Railroad Administration
Project in Central Texas. MPO) MTP. As per current
transportation planning regulations 23
SUMMARY: The FHWA is issuing this [Docket Number FRA–2016–0110]
CFR450 the project could not advance to
notice to advise the public that the a NEPA decision without being in both
Notice of Intent to prepare an EIS for the Petition for Waiver of Compliance
MPO’s metropolitan transportation
proposed Lone Star Rail transportation plans. Further, TxDOT analyzed the In accordance with part 211 of Title
project to construct and operate a other remaining initially reasonable 49 Code of Federal Regulations (CFR),
regional passenger rail service system alternatives and determined that: this document provides the public
along the IH–35 corridor connecting the notice that by a document dated
greater Austin and San Antonio —the use of I 35 corridor would not be
financial feasible due to ROW November 8, 2016, Nevada Northern
metropolitan areas is rescinded. The Railway Foundation d.b.a. Nevada
Texas Department of Transportation constraints and ongoing I–35
improvements . Northern Railway Museum (NN) has
(TxDOT) will no longer prepare an EIS petitioned the Federal Railroad
for the Lone Star Rail Project. —the use of the State Highway 130
Administration (FRA) for a waiver of
FOR FURTHER INFORMATION CONTACT:
corridor as per LSRD 2008 fatal flaw
compliance from certain provisions of
Michael T. Leary, Director of Planning analysis concluded the corridor
the Federal railroad safety regulations
and Program Development, Federal would not support a commuter rail
contained at 49 CFR part 215. FRA
Highway Administration, 300 E. 8th line and ridership and connectivity
assigned the petition Docket Number
Street, Room 826, Austin, Texas 78701, would make the corridor nonviable.
FRA–2016–0110.
by telephone (512)536–5940. —other alternative combinations such Specifically, NN requests waiver from
as I 35 and UP rail line and a hybrid the requirements of 49 CFR 215.303,
sradovich on DSK3GMQ082PROD with NOTICES
SUPPLEMENTARY INFORMATION: The
FHWA, in cooperation with the TxDOT option lack viability. Stenciling of restricted cars, and
and the Lone Star Rail District (LSRD), Further with an estimated cost of § 224.101, Reflectorization of Rolling
published a Notice of Intent in the between $2 to $3 billion, funding Stock, for five freight cars. These five
Federal Register on October 6, 2014 anticipated by LSRD such as the State’s freight cars are one caboose (car number
(Document Number 2014–23711, Pages Rail Relocation and Improvement Fund, NN 3) and four box cars (car numbers
Federal Railroad Administration grants NN 2021, NN 1023, NN 1024, and NN
10 17 CFR 200.30–3(a)(12). and private investment have not been 1025).
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Document Created: 2018-02-01 15:12:37
Document Modified: 2018-02-01 15:12:37
| 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 | Rescind Notice of Intent to prepare an Environmental Impact Statement (EIS) for the Lone Star Rail Project in Central Texas. | |
| Contact | Michael T. Leary, Director of Planning and Program Development, Federal Highway Administration, 300 E. 8th Street, Room 826, Austin, Texas 78701, by telephone (512)536-5940. | |
| FR Citation | 82 FR 8255 |
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