[Federal Register Volume 72, Number 201 (Thursday, October 18, 2007)]
[Notices]
[Pages 59142-59143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20537]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34284]


Southwest Gulf Railroad--Construction and Operation Exemption--In 
Medina County, Texas

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of Availability and Request for Public Review and 
Comment on a Draft Programmatic Agreement.

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SUMMARY: The Surface Transportation Board's (STB or Board) Section of 
Environmental Analysis (SEA) is making available to the public, the 
official ``Section 106'' consulting parties, Indian tribes, and 
Federal, State, and local agencies, a Draft Programmatic Agreement (PA) 
for review and comment in the rail line construction and operation 
proposal described below. The Draft PA addresses historic preservation 
and cultural resource issues and is being developed to satisfy the 
requirements of section 106 of the National Historic Preservation Act 
(NHPA) (16 U.S.C. 470f) and the regulations of the Advisory Council on 
Historic Preservation at 36 CFR 800.14 (b). Comments on the PA must be 
post-marked to the address below by November 19, 2007. To be 
considered, comments must focus on the contents of the PA. Comments 
addressing matters outside the PA or post-marked after the due date 
will not be considered.
    On February 27, 2003, the Southwest Gulf Railroad (SGR) filed a 
petition with the STB seeking the Board's authorization to construct 
and operate a new rail line in Medina County, Texas (Finance Docket No. 
34284). SGR's proposal involves the construction and operation of a 
rail line approximately seven miles long from a Vulcan Construction 
Materials, LP (VCM) proposed limestone quarry to the Union Pacific (UP) 
rail line near Dunlay, Texas. The Board issued a decision on May 19, 
2003, finding that, from a transportation perspective, the proposed 
construction and operation met the standards of 49 U.S.C. 10502.
    SEA issued a Draft Environmental Impact Statement (DEIS) for public 
review and comment in this proceeding in 2004. The DEIS assessed four 
potential rail routes for SGR's proposed rail line to the VCM proposed 
quarry, as well as the No-Action Alternative (the use of trucks to 
transport the limestone to the UP rail line if SGR's rail line were not 
built). Based on the comments received on the DEIS, SEA decided to

[[Page 59143]]

prepare a Supplemental Draft Environmental Impact Statement (SDEIS) for 
public review and comment. SEA issued the SDEIS on December 8, 2006. 
The SDEIS included additional historic property evaluation and analyzed 
three additional rail routes to the east of the routes originally 
considered. The SDEIS preliminarily concluded that two of these eastern 
routes would be environmentally preferable to the routes previously 
studied in the DEIS because they would avoid or minimize impacts to 
rural historic landscapes in the project area discovered during the 
course of the environmental review. The comment period on the SDEIS 
closed on January 29, 2007.
    SEA is currently reviewing the comments received and preparing a 
Final Environmental Impact Statement (FEIS) that responds to the 
comments received on the DEIS and SDEIS. Once SEA issues the FEIS, the 
environmental review process will be concluded, and the Board will 
issue a final decision on SGR's proposal. Before issuing the FEIS, SEA 
will first complete the ``Section 106 process'' of the NHPA, which 
requires Federal agencies to consider the effects of their licensing 
actions on historic sites and structures. An executed PA is evidence of 
the agencies compliance with section 106.
    The Draft PA is available for review on the Board's Web site at 
http://www.stb.dot.gov by clicking on the ``Environmental Matters'' 
link, then ``Key Cases'' then the ``Medina County, Texas'' link. Please 
refer to Finance Docket No. 34284 in all correspondence, including any 
e-filings.

DATES: Written comments on the Draft PA must be post-marked by November 
19, 2007.

ADDRESSES: Send an original and two (2) copies of comments referring to 
STB Finance Docket No. 34284 to: Surface Transportation Board, Case 
Control Unit, 395 E Street, SW., Washington, DC 20423, Attention: Diana 
Wood, Section of Environmental Analysis.

FOR FURTHER INFORMATION CONTACT: Diana Wood (202) 245-0302; e-mail: 
[email protected]. Federal Information Relay Service for the hearing 
impaired: 1-800-877-8339.

    Decided: October 18, 2007.

    By the Board, Victoria Rutson, Chief, Section of Environmental 
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. E7-20537 Filed 10-17-07; 8:45 am]
BILLING CODE 4915-01-P