[Federal Register Volume 66, Number 227 (Monday, November 26, 2001)]
[Notices]
[Pages 59046-59048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29387]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Finance Docket No. 34079]


San Jacinto Rail Limited--Construction Exemption--and the 
Burlington Northern and Santa Fe Railway Company--Operation Exemption--
Build-Out to the Bayport Loop Near Houston, Harris County, Texas

AGENCY: Surface Transportation Board.

ACTION: Notice of Availability of Draft Scope of Study for the 
Environmental Impact Statement, Notice of Scoping Meetings, and Request 
for Comments.

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SUMMARY: On August 30, 2001, San Jacinto Rail Limited (San Jacinto) and 
The Burlington Northern and Santa Fe Railway (BNSF) (collectively the 
Applicants) filed a petition with the Surface Transportation Board 
(Board) pursuant to 49 U.S.C. 10502 for authority for construction by 
San Jacinto and operation by BNSF of a new rail line near Houston, 
Harris County, Texas. The project would involve approximately 12.8 
miles of new rail line to serve the petro-chemical industries in the 
Bayport Industrial District (Bayport Loop). Because the construction 
and operation of this project has the potential to result in 
significant environmental impacts, the Board's Section of Environmental 
Analysis (SEA) has determined that the preparation of an Environmental 
Impact Statement (EIS) is appropriate. SEA is holding public scoping 
meetings as part of the EIS process, as discussed in the Notice of 
Intent to Prepare an EIS published by the Board on October 1, 2001. As 
part of the scoping process, SEA has developed a draft Scope of Study 
for the EIS.

DATES AND LOCATIONS:  Scoping meetings will be held on:

January 14, 2002, 2-4 pm and 7-9 pm,
January 15, 2002, 2-4 pm and 7-9 pm.

    The scoping meetings will be held at the: Pasadena Convention 
Center, 7902 Fairmont Parkway, Pasadena, Texas.
    The public scoping meetings will be informal meetings in a workshop 
format during which interested persons may ask questions about the 
proposal and the Board's environmental review process, and advise the 
Board's representative about potential environmental effects of the 
project. SEA has made available for public comment the draft scope 
contained in this notice. SEA will issue a final scope shortly after 
the close of the comment period. Written comments on the Scope

[[Page 59047]]

of Study are due February 1, 2002 (60 days).
    Filing Environmental Comments: Interested persons and agencies are 
invited to participate in the EIS scoping process. A signed original 
and 10 copies of comments should be submitted to: Office of the 
Secretary, Case Control Unit, STB Finance Docket No. 34079, Surface 
Transportation Board, 1925 K Street, NW, Washington, DC 20423-0001.
    To ensure proper handling of your comments, you must mark your 
submission: Attention: Dana White, Section of Environmental Analysis, 
Environmental Filing.

FOR FURTHER INFORMATION CONTACT: Ms. Dana White, Section of 
Environmental Analysis, Surface Transportation Board, 1925 K Street, 
NW, Washington, DC 20423-0001, or SEA's toll-free number for this 
project at 1-888-229-7857 (TDD for the hearing impaired 1-800-877-
8339). The web site for the Surface Transportation Board is 
www.stb.dot.gov.

SUPPLEMENTARY INFORMATION:

Draft Scope of Study for the EIS

Proposed Action and Alternatives

    The proposed action, known as the Bayport Loop Build-Out, involves 
the construction and operation of approximately 12.8 miles of new rail 
line connecting the Bayport Loop petro-chemical and plastic production 
facilities and the former Galveston, Henderson & Houston Railroad line, 
now owned by the Union Pacific Railroad Company (UP), near the 
southeast corner of Ellington Field at Texas State Highway 3. The 
proposed action also includes operating trains from the BNSF New South 
Yard over trackage rights on Union Pacific mainlines to the point of 
connection. As a result of the new construction, BNSF would have access 
to the facilities located in the Bayport Loop using the new line, and 
the facilities would be provided with a choice of rail providers.
    The reasonable and feasible alternatives that will be evaluated in 
the EIS are (1) construction and operation of the proposed project 
along the identified preferred alignment, (2) other alternatives that 
might be identified during the scoping process, and (3) the no-action 
alternative.

Environmental Impact Analysis

Proposed New Construction

    Analysis in the EIS will address the proposed activities associated 
with the construction and operation of new rail facilities and their 
potential environmental impacts, as appropriate.

Impact Categories

    The EIS will address potential impacts from the proposed 
construction and operation of new rail facilities on the human and 
natural environment. Impact areas addressed will include the categories 
of land use, biological resources, water resources, geology and soils, 
air quality, noise, energy resources, socioeconomics as they relate to 
physical changes in the environment, safety, transportation systems, 
cultural and historic resources, recreation, aesthetics, and 
environmental justice. The EIS will include a discussion of each of 
these categories as they currently exist in the project area and will 
address the potential impacts from the proposed project on each 
category as described below:
1. Land Use
    The EIS will:
    a. Describe existing land use patterns within the project area and 
identify those land uses that would be potentially impacted by new rail 
line construction.
    b. Describe the potential impacts associated with the proposed new 
rail line construction to land uses identified within the project area. 
Such potential impacts may include impacts to farming and ranching 
activities, incompatibility with existing land uses, consistency with 
the coastal zone management plan, and conversion of land to railroad 
uses.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts to land use, as appropriate.
2. Biological Resources
    The EIS will:
    a. Describe the existing biological resources within the project 
area, including vegetative communities, wildlife and fisheries, and 
federal and state threatened or endangered species and the potential 
impacts to these resources resulting from construction and operation of 
new rail facilities.
    b. Describe any wildlife sanctuaries, refuges, and national or 
state parks, forests, or grasslands within the project area and the 
potential impacts to these resources resulting from construction and 
operation of new rail line.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts to biological resources, as appropriate.
3. Water Resources
    The EIS will:
    a. Describe the existing surface and groundwater resources within 
the project area, including lakes, rivers, bayous, streams, stock 
ponds, wetlands, and floodplains and the potential impacts on these 
resources resulting from construction and operation of new rail line.
    b. Describe the permitting requirements for the proposed new rail 
line construction regarding wetlands, stream and river crossings, water 
quality, and erosion control.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts to water resources, as appropriate.
4. Geology and Soils
    The EIS will:
    a. Describe the geology and soils found within the project area, 
including unique or problematic geologic formations or soils and prime 
farmland and hydric soils and the potential impacts on these resources 
resulting from the construction and operation of new rail line.
    b. Describe measures employed to avoid or construct through unique 
or problematic geologic formations or soils.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts to geology and soils, as appropriate.
5. Air Quality
    The EIS will:
    a. Evaluate rail-related air emissions on new rail line, if the 
proposed project affects a Class I or non-attainment area as designated 
under the Clean Air Act.
    b. Discuss and evaluate the potential air emissions increases from 
vehicle delays at new at-grade road/rail crossings. Emissions from 
vehicle delays will be factored into the emissions estimates for the 
affected area, as appropriate.
    c. Describe the potential air quality impact resulting from new 
rail line construction activities.
    d. Propose mitigative measures to minimize or eliminate potential 
project impacts to air quality, as appropriate.
6. Noise
    The EIS will:
    a. Describe the potential noise impacts during new rail line 
construction.
    b. Describe the potential noise impacts of new rail line operation 
for those areas that exceed the Board's environmental threshold of 
eight or more trains per day.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts to noise receptors, as appropriate.

[[Page 59048]]

7. Energy Resources
    The EIS will:
    a. Describe the potential impact of the new rail line on the 
distribution of energy resources in the project area, including 
petroleum and gas pipelines and overhead electric transmission lines.
    b. Propose mitigative measures to minimize or eliminate potential 
project impacts to energy resources, as appropriate.
8. Socioeconomics
    The EIS will:
    a. Describe the potential environmental impacts to residences, 
residential areas, and communities within the project area as a result 
of new rail line construction and operation activities.
    b. Describe the potential environmental impacts to commercial and 
industrial activities and development in the project area as a result 
of new rail line construction and operation.
    c. Propose mitigative measures to minimize or eliminate potential 
project adverse impacts to social and economic resources, as 
appropriate.
9. Safety
    The EIS will:
    a. Describe existing road/rail grade crossing safety and the 
potential for an increase in accidents related to the new rail 
operations, as appropriate.
    b. Describe existing rail operations and the potential for 
increased probability of train accidents, as appropriate.
    c. Describe pipeline safety factors at rail/pipeline crossings, as 
appropriate.
    d. Describe hazardous materials safety factors for the 
transportation of hazardous materials and the potential for a release 
of those materials, as appropriate.
    e. Describe the potential for disruption and delays to the movement 
of emergency vehicles due to new rail line construction and operation.
    f. Propose mitigative measures to minimize or eliminate potential 
project impacts to safety, as appropriate.
10. Transportation Systems
    The EIS will:
    a. Describe the potential impacts of new rail line construction and 
operation on the existing transportation network in the project area, 
including vehicular delays at grade crossings.
    b. Describe potential impacts to navigation associated with new 
bridges.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts to transportation systems, as appropriate.
11. Cultural and Historic Resources
    The EIS will:
    a. Describe the potential impacts to historic structures or 
districts previously recorded and determined potentially eligible, 
eligible, or listed on the National Register of Historic Places within 
or immediately adjacent to the right-of-way for the preferred and 
alternative construction alignments.
    b. Describe the potential impacts to archaeological sites 
previously recorded and either listed as unevaluated or determined 
potentially eligible, eligible, or listed on the National Register of 
Historic Places within the right-of-way for the preferred and 
alternative construction alignments.
    c. Describe the potential impacts to historic structures or 
districts identified by ground survey and determined potentially 
eligible, eligible, or listed on the National Register of Historic 
Places within or immediately adjacent to the right-of-way for the 
preferred and alternative construction alignments.
    d. Describe the potential impacts to archaeological sites 
identified by ground survey and determined potentially eligible, 
eligible, or listed on the National Register of Historic Places within 
the right-of-way for the preferred and alternative construction 
alignments.
    e. Describe the potential general impacts to paleontological 
resources in the project area due to project construction, if necessary 
and required.
    f. Propose mitigative measures to minimize or eliminate potential 
project impacts to cultural and historic resources, as appropriate.
12. Recreation
    The EIS will:
    a. Describe the potential impacts of the proposed new rail line 
construction and operation on recreational opportunities provided in 
the project area.
    b. Propose mitigative measures to minimize or eliminate potential 
project impacts on recreational opportunities, as appropriate.
13. Aesthetics
    The EIS will:
    a. Describe the potential impacts of the proposed new rail line 
construction on any areas identified or determined to be of high visual 
quality.
    b. Describe the potential impacts of the proposed new rail line 
construction on any waterways considered for or designated as wild and 
scenic.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts on aesthetics, as appropriate.
14. Environmental Justice
    The EIS will:
    a. Describe the demographics in the project area and the immediate 
vicinity of the proposed new construction, including communities 
potentially impacted by the construction and operation of the proposed 
new rail line.
    b. Evaluate whether new rail line construction or operation would 
have a disproportionately high adverse impact on any minority or low-
income groups.
    c. Propose mitigative measures to minimize or eliminate potential 
project impacts on aesthetics, as appropriate.
15. Cumulative Impacts
    The EIS will address the impact on the environment which results 
from 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 actions.

    By the Board, Victoria Rutson, Chief, Section of Environmental 
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 01-29387 Filed 11-23-01; 8:45 am]
BILLING CODE 4915-00-P