[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Notices]
[Pages 55085-55086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25435]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35237]


Eastern Iowa Industrial Center Rail Project--Construction and 
Operation Exemption--City of Davenport, IA

AGENCY: Surface Transportation Board.

ACTION: Notice of availability of Environmental Assessment.

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SUMMARY: In accordance with Surface Transportation Board (Board) 
procedures for complying with the National Environmental Policy Act 
(NEPA) and consistent with the regulations of the Council on 
Environmental Quality for implementing NEPA at 40 CFR 1506.3, the 
Board's Section of Environmental Analysis (SEA) is preliminarily 
recommending that the Board adopt an Environmental Assessment (EA) 
issued by the U.S. Federal Highway Administration (FHWA) and the City 
of Davenport. This EA is titled ``Eastern Iowa Industrial Center 
Railroad Extension in Davenport, Eldridge, and Scott County, Iowa.''
    The EA concludes that the construction of an approximately 2.8-mile 
rail line would not significantly affect the quality of the human 
environment. SEA has independently reviewed the EA and agrees with its 
analysis and conclusions. Therefore, SEA has determined that the EA 
meets the standards for an adequate environmental analysis under NEPA 
and can be adopted, should the Board so decide.

SUPPLEMENTARY INFORMATION: By petition filed with the Board on July 21, 
2009, the City of Davenport seeks an exemption under 49 U.S.C. 10502 
from the prior approval requirements of 49 U.S.C. 10901 to construct an 
approximately 2.8-mile rail line in southern Eldridge, northern 
Davenport, and an unincorporated area of Scott County, Iowa.\1\ The 
proposed project, known as the Eastern Iowa Industrial Center Rail 
Project, would provide freight rail service to the Eastern Iowa 
Industrial Center (EIIC), an industrial park located along Interstate 
80. The purpose of the proposed project is to provide a rail connection 
between the EIIC and the Eldridge Line of the Iowa Chicago & Eastern 
Railroad and to promote economic development in the area.
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    \1\ In an amendment filed on September 8, 2009, the City of 
Davenport clarified that it also seeks operation authority.
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    The City of Davenport anticipates that traffic on the proposed 
route would consist of two trains (one round trip) per week, and each 
train would have two to three rail cars. As industrial development in 
the area continues, train traffic would be expected to increase to a 
maximum of two trains (one round trip) per day for the foreseeable 
future. Goods to be shipped over the rail line would vary depending on 
the specific industries that may locate along the route but would 
likely consist of agricultural equipment, manufactured parts, and corn.
    The U.S. Federal Highway Administration (FHWA) and the City of 
Davenport conducted a streamlined environmental review of the proposed 
project, and on March 17, 2008, released an Environmental Assessment 
(EA) titled ``Eastern Iowa Industrial Center Railroad Extension in 
Davenport, Eldridge, and Scott County, Iowa.'' The EA addressed the 
environmental impacts that may result from the proposed Eastern Iowa 
Industrial Center Rail Project and concluded that the proposed project 
will have no significant adverse social, economic or environmental 
impacts. Following a public comment period and a public hearing, which 
was held in Davenport, Iowa, on April 28, 2008, FHWA determined that 
the project will not have any significant impact on the human and 
natural environment in a ``Finding of No Significant Impacts'' (FONSI) 
dated July 8, 2008.
    Pursuant to 49 U.S.C. 10901, the Board is the Federal agency 
responsible for granting authority for the construction and operation 
of new rail line facilities. In accordance with NEPA, the Board must 
take into account in its decision-making the environmental impacts of 
its actions. In its regulations implementing NEPA, the Council on 
Environmental Quality (CEQ) strongly encourages agencies to reduce 
paperwork and duplication of efforts. One of the methods identified by 
CEQ to accomplish these goals is adopting the environmental documents 
prepared by other agencies. Accordingly, pursuant to 40 CFR 1506.3, the 
Board may adopt the FHWA's EA as its own since the action analyzed by 
the FHWA is substantially the same as that being proposed by the City 
of Davenport.
    SEA carefully reviewed the EA and conducted an independent 
assessment of the proposed rail project. Based on this review and 
assessment, SEA concludes that the EA adequately assesses the 
environmental impacts of the proposed action and can be adopted. SEA 
further concludes that the information in the record is adequate and no 
supplemental or additional environmental review is required. 
Consequently, SEA preliminarily is recommending that the Board adopt 
the EA.
    Copies of the EA and the subsequent FONSI have been distributed to 
appropriate Federal, state and local agencies; tribes; and the public 
and will be made available to additional parties upon request. The EA 
and FONSI are also available for review on the Board's Web site (http://www.stb.dot.gov) by

[[Page 55086]]

going to ``ENVIRONMENTAL MATTERS,'' clicking on the ``Key Cases'' link, 
and then clicking on ``Eastern Iowa Industrial Center Rail Project.'' 
In addition, the EA is available for inspection at the Main Street 
Library, which is located at 321 Main Street, Davenport, Iowa 52801-
1490. SEA will consider all comments received in making its final 
recommendations to the Board. The Board will then consider SEA's final 
recommendations and the complete environmental record in making its 
final decision in this proceeding.

FOR FURTHER INFORMATION CONTACT: Christa Dean, Attorney and Project 
Manager, at (202) 245-0299; e-mail: [email protected]. Federal 
Information Relay Service for the hearing impaired: 1-800-877-8339.

DATES: The EA is available for public review and comment. All comments 
must be submitted or post-marked by November 30, 2009.

ADDRESSES: Send written comments to: Christa Dean, Surface 
Transportation Board, 395 E Street, SW., Room 1108, Washington, DC 
20423.
    Please reference STB Docket No. 35237 in all correspondence.
    Comments on the EA may also be filed electronically on the Board's 
Web site, http://www.stb.dot.gov, by clicking on the ``E-FILING'' link.

    Decided: October 26, 2009.

    By the Board, Victoria Rutson, Chief, Section of Environmental 
Analysis.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-25435 Filed 10-23-09; 8:45 am]
BILLING CODE 4915-01-P