[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2241-2243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01134]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-1085]
RIN 1625-AA09


Notice of Availability of Draft Environmental Assessment for the 
Proposed Construction of Railroad Bridges Across Sand Creek and Lake 
Pend Oreille at Sandpoint, Bonner County, Idaho.

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability and request for comments; notice of 
public meetings.

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SUMMARY: The United States Coast Guard announces the availability of a 
draft Environmental Assessment (EA) in accordance with National 
Environmental Policy Act of 1969 (NEPA), as amended, and the National 
Historic Preservation Act (NHPA), as amended, for the proposed 
construction of railroad bridges across Lake Pend Oreille and Sand 
Creek at Sandpoint, Bonner County, Idaho. The proposed bridges will be 
built parallel to existing railroad bridges crossing the same 
waterbodies. As structures over navigable waters of the United States, 
the proposed bridges will require a Coast Guard Bridge Permit. The 
Coast Guard is making the draft EA available for public review and 
requests public comments. In order to ensure the widest dissemination 
possible, the Coast Guard distributed a separate document announcing 
this Notice of Availability to a mailing list that includes seasonal 
residents and visitors to the Lake Pend Oreille region.

DATES: Comments and related material must be submitted to the online 
docket at http://www.regulations.gov or reach the Docket Management 
Facility on or before March 25, 2019. See the ``Public Participation 
and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION 
section for further instructions on submitting comments.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-1085 using the Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice 
or the public meetings, please contact Mr. Steven Fischer, District 
Bridge Manager, Thirteenth Coast Guard District, U.S. Coast Guard; 
telephone 206-220-7282.

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis

    The BNSF Railway Company (BNSF) has proposed to construct a second 
mainline track and associated bridges across Lake Pend Oreille and Sand 
Creek parallel to existing BNSF railroad track and bridges in and 
around Sandpoint, Bonner County, Idaho (Project). The present single-
track configuration has become a constraint to

[[Page 2242]]

efficient rail movement, resulting in congestion on the BNSF main line, 
rail yards and on sidings as trains await clearance to cross the 
existing single track bridges. Moreover, trains awaiting an opportunity 
to cross the bridge often block vehicular traffic at both public and 
private at-grade rail crossings. The delays attributable to this 
congestion hinder the timely transport and delivery of people, goods 
and services to local and regional destinations. According to BNSF, the 
Project will relieve this congestion and allow for the more efficient 
movement of trains through the Lake Pend Oreille region. Alternatives 
considered for the Project include a ``No Action Alternative'' that 
simply preserves the status quo and a Proposed Action Alternative that 
satisfies the purpose and need of the Project. Several additional 
alternatives including (a) a second main line track placed east of the 
existing main track line, (b) alternate routes and (c) shifting rail 
traffic to other railroads were considered and dismissed based on 
infeasibility or impracticability.
    The federal bridge statutes, including the River and Harbors Act of 
1899, as amended, the Act of March 23, 1906, as amended, and the 
General Bridge Act of 1946 (33 U.S.C. 525 et seq.), require that the 
location and plans of bridges in or over navigable waters of the United 
States be approved by the Secretary of Homeland Security, who has 
delegated that responsibility to the Coast Guard. Lake Pend Oreille and 
Sand Creek are navigable waters of the U.S. as defined in 33 CFR 
2.36(a). In exercising these bridge authorities, the Coast Guard 
considers navigational and environmental impacts, which include 
historic and tribal effects. The Coast Guard's primary responsibility 
regarding BNSF's proposed railroad bridges is to ensure the structures 
do not unreasonably obstruct navigation.
    Because the intent of the bridge statutes is to preserve 
navigation, the Coast Guard's permit authority is limited to the bridge 
and its essential components including approaches and abutments. 
Consequently, the Coast Guard does not have the authority to approve or 
disapprove broader aspects of a project beyond the bridges themselves. 
For example, if a project sponsor proposes to build a new highway or 
rail line and the project includes a bridge, the Coast Guard's permit 
authority is limited to the bridge and its effect upon navigation, but 
does not extend to the connecting highway or rail line.
    The Coast Guard is the lead federal agency for this Project and, as 
such, responsible for the review of its potential effects on the human 
environment, including historic properties and tribal impacts, pursuant 
to NEPA and NHPA. The Coast Guard is therefore required by law to 
ensure potential environmental effects are carefully evaluated in each 
bridge permitting decision. As part of this evaluation process, the 
Coast Guard solicits comments from State and Federal agencies with 
expertise in, and authority over, particular resources that may be 
impacted by a project. Additionally, the Coast Guard seeks input from 
any tribes that may be affected or otherwise have expertise or equities 
in the Project. Following tribal and expert agency outreach, the Coast 
Guard revises its evaluation, and then seeks comments from the general 
public. Agencies that have already participated in the environmental 
review of this Project include the U.S. Army Corps of Engineers 
(USACE), the U.S. Fish and Wildlife Service (USFWS), the U.S. 
Environmental Protection Agency (EPA), Idaho Department of Lands (IDL) 
and the Idaho Department of Environmental Quality (IDEQ). In addition 
to the Coast Guard Bridge Permit, this Project requires the following 
permits:
     An Individual Permit from USACE under Section 404 of the 
Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and 
Harbors Act of 1899 (33 U.S.C. 403) to temporarily and permanently 
discharge rock into water and wetlands, all discharges being associated 
with construction of the proposed bridges.
     An Encroachment Permit from IDL in accordance with the 
Idaho Lake Protection Act. BNSF submitted an application for the 
Encroachment Permit to IDL on February 22, 2018, and IDL subsequently 
convened two local public hearings on May 23, 2018, to solicit comments 
from the public. A Final Order approving the application for 
Encroachment Permit No. L-96-S-0096E was signed June 21, 2018.
     A Section 401 Water Quality Certification, which was 
issued by IDEQ on September 21, 2018, in accordance with Section 
401(a)(1) of the Federal Water Pollution Control Act (Clean Water Act) 
(33 U.S.C. 1251 et seq.).
    On February 26, 2018, USACE and IDL issued respective public 
notices informing members of the public that BNSF had submitted a joint 
USACE-IDL application for the Project. During the comment period, the 
agencies received approximately 5,000 comments in favor of and opposed 
to the Project. The comments in favor of the Project generally spoke to 
economic benefits and requests to expedite the environmental review and 
issue required permits. The opposition comments identified a variety of 
concerns including, but not limited to, (a) requests to elevate the 
level of federal environmental review to an Environmental Impact 
Statement (EIS); (b) the potential for derailments within the Lake Pend 
Oreille region and preparedness for response to a derailment causing a 
spill of coal or petroleum products; (c) fugitive coal dust emissions 
and the effects upon air and water quality; and (d) the potential for 
increased rail traffic through the Lake Pend Oreille rail corridor. 
Although this is the Coast Guard's initial effort to obtain public 
comment for the proposed Project, it has reviewed all previous comments 
received by IDL and USACE and incorporated that information in the 
draft EA. Additionally, the comments provided by USACE, EPA, USFWS, 
IDEQ and the Kootenai Tribe were incorporated in the draft EA, which is 
now available for public comment.
    Based on the information received to date, the Coast Guard has 
determined that an Environmental Assessment is an appropriate level of 
environmental documentation for this Project. After consideration of 
all additional comments, the Coast Guard may issue a Finding of No 
Significant Impact or may determine the Project will have significant 
impacts requiring an EIS. If the Coast Guard determines at EIS is 
required, there will be additional opportunity for public comment in 
accordance with NEPA procedures for the preparation of an EIS.
    We are seeking public input on the Draft EA, including comments on 
completeness and adequacy of the document, and on other environmental 
and historic preservation concerns that may be related to the proposed 
Project. While you may submit any comments to the docket to communicate 
information or views regarding this Project, please know that we have 
already considered the comments submitted during the USACE-IDL public 
comment period, and those comments are now part of the official Coast 
Guard record for BNSF's Bridge Permit application. We specifically 
request you submit comments related to relevant information or topics 
missing from or not adequately addressed in the draft EA, and how we 
can obtain that information. This includes suggesting analyses and 
methodologies for use in the Draft EA or possible sources of data or 
information not included in the Draft EA. The most informative comments 
for the Coast Guard in making a permit decision are those that provide 
detailed,

[[Page 2243]]

resource-specific information about the size, nature or effect of the 
impacts the bridge permit will have on the human environment. Public 
comments will be considered in determining the environmental impacts 
and preparation of a final environmental document.
    The East Bonner County Library at 1407 Cedar Street, Sandpoint, 
Idaho 83864 will maintain a printed copy of the draft EA for public 
review. The document will be available for inspection at this location 
between 9 a.m. and 7 p.m. Monday through Thursday and 10 a.m. and 5 
p.m. Friday and Saturday, except Federal holidays. The Thirteenth Coast 
Guard District Bridge Office at 915 2nd Avenue, Seattle, WA 98174-1067 
will also maintain a printed copy of the draft EA for public review. 
The document will be available for inspection at this location between 
8 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

II. Public Participation and Request for Comments

    The Coast Guard views public participation as essential and will 
consider all comments and materials received during the comment period. 
If you submit a comment, please include the docket number identified in 
this notice, indicate the specific section of the document to which 
each comment applies and provide a reason for each suggestion or 
recommendation. Please submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your comment or materials 
cannot be submitted using http://www.regulations.gov, please contact 
the person noted in the FOR FURTHER INFORMATION CONTACT section of this 
document for alternate instructions.
    Anonymous comments will be accepted. All comments will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more information about 
privacy and the docket, you may review a Privacy Act notice regarding 
the Federal Docket Management system in the March 24, 2005 issue of the 
Federal Register (70 FR 15086).
    Documents mentioned in this notice as being available in this 
docket and all public comments will be included in our online docket at 
http://www.regulations.gov and may be viewed by following that 
website's instructions. Additionally, if you sign up for email alerts, 
you will be notified when comments are posted.

III. Public Meetings

    The Coast Guard intends to hold two public meetings to provide the 
public opportunity to submit oral and written comments on the draft EA. 
The two meetings will be held on Wednesday, March 13, 2019 at 8 a.m. 
and 6 p.m. at the Ponderay Events Center, 401 Bonner Mill Way, 
Ponderay, Idaho 83852. Each meeting is anticipated to last 
approximately two hours.
    The meetings are open to the public. Those who plan to attend a 
meeting and wish to present comments may request to do so through the 
online docket at http://www.regulations.gov, and will be called in 
order of requests received. Attendees who have not previously made a 
request to present comments will follow those who have already 
submitted a request, as time permits. If a large number of persons wish 
to speak, the presiding officer may be required to limit the time 
allotted to each speaker. The public meetings may end early if all 
present wishing to speak have done so.
    A transcript of the meetings will be made available for public 
review approximately 30 days after the meeting. All comments will be 
incorporated into the official case record. Written comments and 
related material may also be submitted to Coast Guard personnel 
identified at that meeting for placement into the docket.
    Information on Service for Individuals With Disabilities: For 
information on facilities or services for individuals with disabilities 
or to request special assistance at the public meeting contact Mr. 
Steven Fischer at the telephone number under the FOR FURTHER 
INFORMATION CONTACT section of this notice.
    This notice is issued under the authority of 5 U.S.C. 552 (a).

    Dated: January 31, 2019.
Brian L. Dunn,
Chief, Office of Bridge Programs, U.S. Coast Guard.
[FR Doc. 2019-01134 Filed 2-5-19; 8:45 am]
 BILLING CODE 9110-04-P