[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19187-19188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8158]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35237]


City of Davenport, Iowa--Construction and Operation Exemption--in 
Scott County, Iowa

    By petition filed on July 21, 2009, the City of Davenport, Iowa 
(the City) seeks an exemption under 49 U.S.C. 10502 from the prior 
approval requirements of 49 U.S.C. 10901 to construct approximately 2.8 
miles of rail line in southern Eldridge, northern Davenport, and an 
unincorporated area of Scott County, Iowa. The new line will provide 
the Eastern Iowa Industrial Center, an industrial park, with rail 
access. The City will hire an operator to provide service on the line, 
but the City also will be required to ensure continued rail service.
    In a decision served on October 19, 2009, the Board instituted a 
proceeding under 49 U.S.C. 10502(b). No comments opposing the petition 
have been filed.
    The Federal Highway Administration (FHWA), the lead Federal agency 
on this rail project, and the City issued an Environmental Assessment 
(EA) for public review and comment on March 17, 2008. On July 8, 2008, 
the FHWA issued its Record and Finding of No Significant Impact and 
recommended 3 environmental conditions to mitigate the impacts of the 
project. After the Board's Office of Environmental

[[Page 19188]]

Analysis (OEA) independently reviewed the FHWA EA, OEA prepared and 
issued on January 28, 2010, a Review of Environmental Matters and Final 
Environmental Recommendations in which OEA recommended that the Board 
adopt the FHWA EA and impose the 3 environmental conditions recommended 
by the FHWA. Due to a subsequent proposed change by the City in project 
design and in the rail alignment, OEA, the FHWA, the Iowa Department of 
Transportation, and the City conducted a reevaluation of the project. 
In December 2010, the FHWA and OEA determined that no supplemental 
environmental review would be required and that the same 3 
environmental conditions should be imposed.
    After considering the entire record, including both the 
transportation aspects of the petition and the potential environmental 
issues, the Board granted the requested construction and operation 
exemption in a decision served today, subject to compliance with the 
environmental mitigation measures listed in the Appendix to the 
decision. Petitions to reopen must be filed by April 26, 2011.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: March 30, 2011.

    By the Board, Chairman Elliott and Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-8158 Filed 4-5-11; 8:45 am]
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