[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Notices]
[Page 15592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7561]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34836]


Arizona Eastern Railway--Construction and Operation--Graham 
County, AZ

AGENCIES: Lead: Surface Transportation Board. Cooperating: Federal 
Railroad Administration.

ACTION: Notice of Availability of Post Environmental Assessment.

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SUMMARY: On August 4, 2006, the Arizona Eastern Railway (AZER) filed a 
petition with the Surface Transportation Board (Board) seeking an 
exemption under 49 United States Code (U.S.C.) 10502 from prior 
approval requirements of 49 U.S.C. 10901 for authority to construct and 
operate 12 miles of new rail line in Graham County, Arizona (AZ). The 
Board, pursuant to 49 U.S.C. 10901, is the agency responsible for 
granting authority for the construction and operation of new rail line 
facilities. On February 25, 2008, the Board's Section of Environmental 
Analysis (SEA) and the Federal Railroad Administration, a cooperating 
agency, issued an Environmental Assessment (EA) in this proceeding. The 
EA was made available to agencies, the public, and interested parties 
for a 36-day public comment period. The Board extended the comment 
period by another 30 days to May 1, 2008 in response to stakeholders' 
requests. SEA received 25 comments on the EA. The Post EA responds to 
those comments and makes final environmental recommendations to the 
Board.
    Based on its independent analysis of all information available to 
date, SEA concludes that the Applicant's Proposed Action would not 
result in any significant environmental impacts if the mitigation 
measures recommended in this Post EA are imposed and implemented. 
Accordingly, SEA recommends that any decision by the Board approving 
the proposed construction and operation of the Proposed Action should 
be contingent upon AZER complying with the mitigation set forth in 
Chapter 1 of the Post EA. SEA recommends 40 mitigation measures in the 
Post EA that are either new mitigation measures based on SEA's 
additional analysis or modifications of the 39 mitigation measures 
previously proposed in the EA. These conditions, which SEA developed in 
response to comments and additional analysis, address a broad range of 
issues including traffic safety, flooding impacts, and the 
transportation and handling of hazardous materials. Because the 
Proposed Action, as mitigated, would not have the potential for 
significant environmental effects, preparation of an EA for this case 
is appropriate and the full Environmental Impact Statement (EIS) 
process is unnecessary.
    The Board will now consider the entire environmental record, 
including SEA's final recommended mitigation measures and all 
environmental comments received in this proceeding, in making its final 
decision as to whether to approve the Proposed Action, and if so, what 
mitigation to impose.
    Copies of the Post EA have been served on all interested parties 
and will be made available to additional parties upon request. The 
entire EA is also available for review on the Board's Web site (http://www.stb.dot.gov) by clicking on the ``Decisions and Notices'' link, 
then ``E-LIBRARY'' and searching by the Service Date (February 25, 2008 
and April 6, 2009) or Docket Number (FD 34836).

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

    Decided: April 6, 2009.

    By the Board, Victoria Rutson, Chief, Section of Environmental 
Analysis.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-7561 Filed 4-3-09; 8:45 am]
BILLING CODE 4915-01-P