[Federal Register Volume 67, Number 235 (Friday, December 6, 2002)]
[Notices]
[Pages 72718-72720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30907]


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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, TX

AGENCIES: Lead: Surface Transportation Board. Cooperating: U.S. Coast 
Guard, Federal Aviation Administration, National Aeronautics and Space 
Administration.

ACTION: Notice of availability of Draft Environmental Impact Statement 
and notice of public meetings.

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SUMMARY: On August 30, 2001, San Jacinto Rail Limited (SJRL) and the 
Burlington Northern and Santa Fe Railway (BNSF) (referred to 
collectively as the Applicants) filed a petition with the Surface 
Transportation Board (Board) pursuant to 49 U.S.C. 10502 for authority 
for construction by SJRL and operation by BNSF of a new rail line near 
Houston, Harris County, Texas. The project, known as the Bayport Loop 
Build-Out, would involve construction of approximately 12.8 miles of 
new rail line to serve the petro-chemical industries in the Bayport 
Industrial District (Bayport Loop). The Proposed Action includes rail 
operations to and from the new rail line near Ellington Field over 
trackage rights on Union Pacific Railroad Company's (UP's) GH&H line 
and UP's East Belt, Terminal, Lafayette, and Baytown Subdivisions to 
the storage yard operated by CMC Railroad at Dayton, approximately 30 
miles east of Houston. The project would require actions by several 
Federal agencies, including the Board, the U.S. Coast Guard (USCG), and 
the National Aeronautics and Space Administration (NASA), and may 
require actions by the Federal Aviation Administration (FAA).
    The Board, through its Section of Environmental Analysis (SEA) and 
in cooperation with USCG, FAA, and NASA, has published a Draft 
Environmental Impact Statement (Draft EIS) for the Bayport Loop Build-
Out Project. This Draft EIS is an analysis of

[[Page 72719]]

the potential environmental impacts of the Applicants' proposal and its 
reasonable and feasible alternatives, including the No-Action 
Alternative. The Build Alternatives, which are the Alternatives 
involving construction, would cause moderate wetland, surface water, 
and biological impacts. SEA recommends that the Board impose the 
Applicants' proposed voluntary mitigation measures as a condition of 
petition approval. The mitigation measures address these moderate 
impacts as well as a range of additional issues of interest to the 
community. The Proposed Action and Alternatives would cause negligible 
effects on all other impact areas. SEA invites public and agency 
comments on all aspects of the Draft EIS. Comments must be faxed or 
postmarked by the close of the comment period, which is January 27, 
2003. Information on how to submit comments is set forth below.
    SEA, working with the three cooperating agencies, will make its 
final recommendations on the project, including environmentally 
preferable alternative(s) and environmental mitigation, to the Board in 
the Final EIS, after considering all public comments on the Draft EIS. 
The Final EIS will be issued after public comments have been received, 
reviewed, and fully evaluated. Notice of availability of the Final EIS 
will be published in the Federal Register.
    Following issuance of the Final EIS, the Board will make its final 
decision regarding this project and any environmental conditions it 
might impose. In reaching its final decision in this proceeding, the 
Board will take into account the full environmental record, including 
the Draft EIS, the Final EIS, and all public and agency comments 
received. The cooperating agencies will issue their decisions based on 
the same environmental record.

FOR FURTHER INFORMATION CONTACT: Ms. Dana White, SEA Project Manager, 
toll-free 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.
    Mr. Phil Johnson, U.S. Coast Guard, (504) 589-2965.
    Ms. Nan Terry, Federal Aviation Administration, (817) 222-5607.
    Ms. Perri Fox, National Aeronautics and Space Administration, (281) 
483-3157.

SUPPLEMENTARY INFORMATION:
    Floodplains Notification: As required by Executive Order 11988 
(Floodplain Management), SEA is providing Notice that the Proposed 
Action would involve new construction in a floodplain. SEA's 
preliminary determination is that floodplains along Horsepen Bayou, 
Armand Bayou, Spring Gully, Big Island Slough, and Taylor Bayou and 
various unnamed tributaries and flood control channels could not be 
avoided by the Proposed Action or the other Build Alternatives because 
of the linear nature of the proposed project. SEA has also determined 
that the floodplain impacts would be similar for the Proposed Action 
and the other Build Alternatives.
    The Proposed Action would not cause an adverse effect or 
incompatible development in a floodplain because the facility would be 
designed, constructed, and maintained to accommodate flood flows and 
minimize impacts to floodplains. The proposed design would include 
properly sized, sited, constructed, and maintained bridges and 
culverts, and new drainage ditches on both sides of the rail bed along 
most of the alignment. The floodways along Horsepen Bayou, Armand 
Bayou, Big Island Slough, and Spring Gully and the main channel of 
Taylor Bayou would be spanned by bridges. In addition, the design and 
specifications for bridges, culverts, channels, and related structures 
would satisfy Harris County Flood Control District requirements. All 
bridge crossings would accommodate flood flows from the 24-hour, one-
percent probability storm and would conform to all applicable design 
standards required by the National Flood Insurance Program. The design 
of crossings of flood control channels or connections to drainage 
channels would require approval from the Engineering Division and the 
Flood Control Division of the Harris County Public Infrastructure 
Department.
    Wetlands Finding and Notification: As required by Executive Order 
11990 (Protection of Wetlands), the FAA and NASA are providing Notice 
that the Proposed Action and the other Build Alternatives would involve 
new construction in wetlands. The FAA and NASA have reached a 
preliminary determination that construction in wetlands could not be 
avoided because of the linear nature of the proposed project. The 
Proposed Action and the other Build Alternatives include all 
practicable measures to avoid and minimize harm to wetlands. In 
addition, the Applicants have proposed a conceptual mitigation plan to 
compensate for the unavoidable impacts to wetlands, which includes 
restoration, creation, and preservation of wetlands.
    Joint 404/401 Permit Application: The Applicants have submitted a 
Joint Permit Application under Section 404/401 of the Clean Water Act 
to the U.S. Army Corps of Engineers (USACE). The USACE will issue a 
Public Notice on the Joint Permit Application. For information on the 
Applicants' Joint Permit Application contact: John Machol, U.S. Army 
Corps of Engineers, Regulatory Branch, CESWG-PE-R, Jadwin Building, 
2000 Fort Point Road, Galveston, TX 77550.
    Public Availability: The entire Draft EIS is available on the 
Board's Web site (http://www.stb.dot.gov) in a downloadable format by 
clicking on the ``Decisions & Notices'' button and searching by Service 
date or Docket Number. The Draft EIS will be listed as an Environmental 
Review under the ``TYPE'' category. Because of the size of the 
document, distribution of the entire Draft EIS has been limited to 
governmental agencies, elected officials, community groups, and parties 
of record. This Notice of Availability has been distributed to over 
1,000 other interested parties, including private citizens.
    SEA has also distributed the Draft EIS to the repositories listed 
below and asked that the entire Draft EIS be made publicly available in 
their reference section. A Spanish translation of the Executive Summary 
of the Draft EIS will also be available at the repositories. Copies of 
the Draft EIS in hardcopy or on CD-ROM and the Executive Summary 
translation are also available by calling the toll-free number at 1-
888-229-7857.

San Jacinto College, Central Campus Library

    8060 Spencer Highway, Pasadena, TX 77505, (281) 476-1850.

San Jacinto College, North Campus Library

    5800 Uvalde Street, Houston, TX 77015, (281) 459-7116.

San Jacinto College, South Campus

    13735 Beamer Road, Houston, TX 77089, (281) 922-3416.

University of Houston, Clear Lake Campus, Alfred Neumann Library

    2700 Bay Area Boulevard, Houston, TX 77058, (281) 283-3930.

Freeman Memorial Branch Library

    16602 Diana Lane, Houston, TX 77062, (281) 488-1906.

Harris County Public Library, Evelyn Meador Branch

    2400 N. Meyer Road, Seabrook, TX 77586, (281) 474-9142.

Harris County Public Library, South Houston Branch

    607 Avenue A, South Houston, TX 77587, (713) 941-2385.

[[Page 72720]]

Pasadena Public Library, Fairmont Branch

    4330 Fairmont Parkway, Pasadena, TX 77504, (713) 998-1095.

Pasadena Public Library, Main Branch

    1201 Jeff Ginn Memorial, Pasadena, TX 77506, (713) 477-0276.

Deer Park Public Library

    3009 Center Street, Deer Park, TX 77536-7099, (281) 478-7208.

Houston

    500 McKinney Avenue, Houston, TX 77002, (713) 247-2222.Public 
Library

Park Place Regional Library

    8145 Park Place Boulevard, Houston, TX 77017, (832) 393-1970.

Patricio Flores Library

    110 North Milby Street, Houston, TX 77003, (832) 393-1780.

Melcher Branch Library

    7200 Keller, Houston, Texas 77012, (832) 393-2480.

Bracewell Branch Library

    10115 Kleckley, Houston, Texas 77075, (832) 393-2580.

Tuttle Branch Library

    702 Kress, Houston, Texas 77020, (832) 393-2100.

Stanaker Branch Library

    611 S/Sgt. Macario Garcia, Houston, Texas 77011, (832) 393-2080.

Liberty Municipal Library

    Geraldine D. Humphreys Cultural Center, 1710 Sam Houston Avenue, 
Liberty, TX 77575, (936) 336-8091.

Sam Houston Regional Library

    Archives & Information Services, FM 1011, Liberty, TX 77575, (936) 
336-9921.

Dayton Library

    307 West Houston, Dayton, TX 77535, (936) 258-7060.

Crosby Branch Library

    135 Hare Road, Crosby, TX 77532-8895, (281) 328-3535.

Lee College Library

    15010 FM 2100 Road, Crosby, TX 77532, (281) 328-1111.

Austin Memorial Library

    220 South Bonham, Cleveland, TX 77327, (281) 592-3920.

Kingwood Branch Library

    4102 Rustic Woods Drive, Kingwood, TX 77345, (281) 360-6804.

Kingwood College Library

    20000 Kingwood Drive, Kingwood, TX 77339, (281) 312-1693.
    Public Comment: Written comments on the Draft EIS must be 
postmarked or faxed by January 27, 2003. The public and any interested 
parties are encouraged to make written comments on all aspects of this 
Draft EIS. SEA will consider all comments in preparing the Final EIS 
and the Final EIS will respond to all substantive comments. When 
submitting comments on the Draft EIS, please be as specific as possible 
and substantiate your concerns and recommendations. Please mail written 
comments to: Surface Transportation Board, 1925 K Street, NW., 
Washington, DC 20423-0001,
    To ensure proper handling of your comments, please mark your 
submission: Attention: Dana White, Section of Environmental Analysis, 
Environmental Filing FD No. 34079.
    Due to delays in the delivery of mail currently being experienced 
by Federal agencies in Washington, DC, SEA encourages that comments be 
faxed to 1-866-293-4979. Faxed comments will be given the same weight 
as mailed comments; therefore, persons submitting comments by fax do 
not have to also send comments by mail.
    Further information about the project can be obtained by calling 
SEA's toll-free number at 1-888-229-7857 (TDD for the hearing impaired 
1-800-877-8339).
    Public Meetings: In addition to receiving written comments, SEA 
will host two public meetings on the Draft EIS. At each meeting, SEA 
will give a brief presentation and interested parties will be invited 
to make oral comments. SEA will have a transcriber present to record 
the oral comments in either English or Spanish. Written comments may 
also be submitted at the meetings. Meetings will be held at the 
following locations, dates, and times:

Pasadena Convention Center, 7902 Fairmont Parkway, Pasadena, TX, 
January 14, 2003, 7--9 p.m.
Cesar E. Chavez High School, 8501 Howard Drive, Houston, TX, January 
15, 2003, 7--9 p.m.

    Both meetings will follow the same format and agenda; it is not 
necessary to attend both meetings.
    Pre-Registration for Public Meetings: Persons wanting to speak at a 
public meeting are strongly urged to pre-register by calling the toll-
free Environmental Hotline for this project at 1-888-229-7857 (TDD for 
the hearing impaired 1-800-877-8339) and leaving their name, telephone 
number, the name of any group, business, or agency affiliation, if 
applicable, and the date of the meeting at which they wish to speak. 
The deadline for pre-registration for all meetings is January 7, 2003.
    Persons will be called to speak at each meeting in the order in 
which they pre-registered. Those wishing to speak who did not pre-
register will be accommodated at each meeting as time allows. Those 
wishing to speak at more than one meeting will also be accommodated as 
time allows and after all others have had an opportunity to 
participate. As SEA would like as many persons as possible to 
participate and given that there will be a limited amount of time at 
each meeting, all speakers are strongly encouraged to prepare summary 
oral comments, and submit detailed comments in writing. SEA also 
encourages groups of individuals with similar comments to designate a 
representative to speak for them. A translator will be available at 
both meetings for Spanish-speakers wishing to speak.
    The Web site for the Surface Transportation Board is 
www.stb.dot.gov.

    Decided: November 20, 2002.

    By the Board, Victoria Rutson, Chief, Section of Environmental 
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 02-30907 Filed 12-5-02; 8:45 am]
BILLING CODE 4915-00-P