67622 Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Notices 

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration 

Preparation of Environmental Impact 

Statement for the Lahaina Small Boat 

Harbor Ferry Pier in Maui County, HI

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation 

(DOT).

ACTION: Notice of intent to prepare an 

Environmental Impact Statement (EIS). 

SUMMARY: The Federal Transit 

Administration and the State of Hawaii, 

Department of Land and Natural 

Resources (DLNR) intend to jointly 

prepare an Environmental Impact 

Statement on a proposal by DLNR to 

build an additional ferry pier next to the 

existing pier in the Lahaina Small Boat 

Harbor, within the boundaries of the 

Lahaina National Historic Landmark 

District on the west coast of the island 

of Maui, Hawaii. The proposed project 

would include construction of an 

additional pier and to dredge the harbor. 

The existing ferry facility at times is 

unable to load or unload inter-island 

ferry passengers in a timely manner due 

to ship traffic and related onshore 

activities. The proposed project is 

intended to improve existing operating 

conditions at the harbor by alleviating 

ship traffic and harbor congestion. 

The EIS will be prepared to satisfy the 

requirements of the National 

Environmental Policy Act of 1969 

(NEPA). FTA and DLNR seek public and 

interagency input on the scope of the 

NEPA EIS for the project, including the 

alternatives to be considered and the 

environmental impacts to be evaluated.

DATES: Scoping Comments Due Date:

Written comments on the scope of the 

NEPA review, including the alternatives 

to be considered and the related impacts 

to be assessed, should be received no 

later than January 7, 2005. Written 

comments should be sent to the DLNR 

Project Manager at the address given 

below in ADDRESSES.

Scoping Meeting Date: A public 

scoping meeting and open house will be 

held at 6 p.m. on December 8, 2004 at 

the Lahaina Intermediate School, 

cafeteria, located at 871 Lahainaluna 

Road, in the Town of Lahaina. Oral and 

written comments may be given at the 

scoping meeting, and a stenographer 

will record oral comments. The formal 

scoping meeting will be preceded by an 

open house from 4 p.m. to 6 p.m. 

allowing the public to discuss the EIS 

scope and proposed project informally 

with DLNR staff and project consultant 

team. The meeting location is accessible 

to people with disabilities. Persons with 

special needs should call DLNR at (808) 

587–0230 at least 72 hours prior to the 

scoping meeting.

ADDRESSES: Written comments should 

be sent to State of Hawaii, Department 

of Land and Natural Resources, 

Attention: Eric Hirano, Chief Engineer, 

Engineering Division, P.O. Box 373, 

Honolulu, Hawaii, 96809. Phone: (808) 

587–0230. Fax: (808) 587–0283. E-mail: 

eric.t.hirano@hawaii.gov. If you wish to 

be placed on the mailing list to receive 

further information as the EIS study 

develops, contact Eric Hirano at the 

address listed above. Please specify the 

mailing list for the Lahaina Small Boat 

Harbor Ferry Pier Environmental Impact 

Statement. Copies of the scoping 

information packet which includes 

rough sketches of the various 

alternatives under consideration can 

also be obtained by contacting Eric 

Hirano as indicated above.

FOR FURTHER INFORMATION CONTACT:

Donna Turchie, Federal Transit 

Administration, 201 Mission Street, 

Suite 2210, San Francisco, CA 94105. 

Phone: (415) 744–2737. Fax: (415) 794–

2726.

SUPPLEMENTARY INFORMATION: 

I. Scoping 

The FTA and DLNR invite all 

interested individuals and 

organizations, and federal, state, and 

local agencies to comment on the scope 

of the EIS. During the scoping process, 

comments should focus on proposing 

alternatives that may be less costly or 

have less environmental impacts while 

achieving similar transportation 

objectives, and on identifying specific 

social, economic, or environmental 

issues to be evaluated. At this time, 

comments should not focus on a 

preference for a particular alternative. 

Additional opportunities for public 

participation will be announced through 

mailings, notices, advertisements, and 

press releases. 

FTA must also comply with other 

environmental requirements, such as 

Section 4(f) of the Department of 

Transportation Act (49 U.S.C. 303) and 

Section 106 of the National Historic 

Preservation Act and Title VI of the 

Civil Rights Act of 1964, that apply to 

Federal actions. 

II. Description of Study Area 

The proposed ferry pier 

improvements are located in the 

Lahaina Small Boat Harbor, within the 

boundaries of the Lahaina National 

Historic Landmark District, an area 

listed on the National Register of 

Historic Places, on the west coast of the 

island of Maui, Hawaii. 

The project area is located within the 

limits of the Special Management Area 

for the island of Maui and is also 

situated within the boundaries of 

Historic District No. 1, one of two 

County Historic districts in the town of 

Lahaina. 

Coastal waters to the south of the 

proposed ferry pier are occupied by the 

existing pier and the Lahaina Small Boat 

Harbor, while waters to the north are 

undeveloped. Approximately 100 feet to 

the west of the existing pier lies the 

seaward end of the harbor’s breakwater. 

Paralleling the shoreline, the breakwater 

is located about 200 feet from shore and 

is nearly 1,000 feet in length. 

The project area is situated along the 

western extent of Lahaina’s business 

district. Numerous retail stores and 

services are located along Front Street, 

the major venue for commercial activity 

in Lahaina Town. The Lahaina Public 

Library, and the historic Pioneer Inn, as 

well as other historic sites such as the 

Hauola Stone, the Brick Palace, the Old 

Fort, the Lahaina Courthouse, and the 

Banyan Tree are located in the vicinity 

of the proposed project. 

III. Purpose and Need 

The existing pier at Lahaina Small 

Boat Harbor is about 66 feet in width 

and 120 feet in length. The 

approximately 8,000 square foot pier 

contains a harbor master’s office, a ferry 

kiosk, and diesel fuel dispensing and 

sewage pumping facilities. The existing 

pier is used for loading and unloading 

passengers onto recreational and 

commercial vessels, including cruise 

ship tenders (i.e., shuttle craft) and 

inter-island ferry vessels. The pier 

provides berthing for the Carthaginian 

II, a replica of a whaling ship which 

serves as a floating museum. The pier is 

also used by surfers to gain access to 

nearby surf spots. 

Since the late 1980s, inter-island ferry 

service between Lanai and Maui, as well 

as Molokai and Maui, has been provided 

by private operators. Presently, the 

Lahaina/Lanai ferry schedules five daily 

round trips between the Lahaina and 

Manele Small Boat Harbors. The 

Molokai/Maui ferry schedules two 

round trips a day between the Lahaina 

Small Boat Harbor and the Kaunakakai 

Harbor on Mondays through Saturdays. 

On Sundays, the Molokai/Maui ferry 

makes a one way trip from Molokai to 

Maui. At times, the inter-island ferry 

vessels are unable to load or unload 

their passengers in a timely manner due 

to ship traffic and related onshore 

activities.

The Lahaina Small Boat Harbor 

contains 100 berths for recreational and 

commercial craft. Presently, there are 59 

Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Notices 67623

individuals on the waiting list for berths 

at the harbor. On ‘‘Boat Days’’, when 

cruise ships are in port, the harbor is 

one of the busiest in the State. On these 

days, the activity level at the existing 

pier is heightened by the additional 

traffic generated by cruise ship tenders. 

‘‘Boat Day’’ conditions are further 

constrained when there are military 

vessels or two or more cruise ships in 

port. During normal conditions, routine 

refueling and sewage pump-out 

activities at the pier add to vessel traffic 

congestion. The proposed project is 

intended to improve existing operating 

conditions at the Lahaina Small Boat 

Harbor by alleviating ship traffic and 

harbor congestion. 

IV. Alternatives 

During the project’s preliminary 

conceptual development process, use 

and operational factors were examined 

with regard to the proposed ferry pier 

and comfort station improvements. This 

evaluation included an examination of 

existing harbor facilities and activities 

with regard to current ferry and cruise 

ship operations and comfort station use, 

as well as the provision of a new 

berthing area for the replacement vessel 

for the Carthaginian II and for surfer 

access to the nearby ‘‘Harbor’’ and 

‘‘Breakwall’’ surf spots. Preliminary 

conceptual plans for the proposed 

project were presented at a stakeholders’

meeting on April 8, 2004. 

In light of the foregoing conceptual 

plan development by DLNR, FTA 

proposes to evaluate the following 

alternatives in the EIS: 

1. Future No Build Alternative—This 

alternative would maintain present 

physical conditions and existing 

operating policies as ship traffic at the 

Lahaina Small Boat Harbor grows. 

2. Initial Ferry Pier Alternative—This 

alternative sited the new pier about 60 

feet to the north of the existing pier. The 

proposed pier would consist of a 

concrete and sheet pile system structure 

that would be 48 feet in width and 

nearly 146 feet in length. A ramp (25 ft. 

width x 53 ft. length) would provide 

pedestrian access between the shoreline 

and the new ferry pier. New dredging 

will be required to widen existing 

entrance channel and create additional 

berthing areas. 

3. Initial Ferry Pier with MultiPurpose Pier Alternative—The multipurpose pier (15 ft. width x 90 ft. 

length) presented at the stakeholders’

meeting would provide a berthing area 

for the Carthaginian II or its replacement 

vessel and provide surfer access to 

nearby surf breaks. The multi-purpose 

pier would be secured by concrete 

pilings and contain a floating, molded 

composite deck. A concrete walkway 

and gangway ramp (8 ft. width x 60 ft. 

length) would link the multi-purpose 

pier with the initial ferry pier as 

presented in alternative 2, at a point 

about 24 to 30 feet from the shoreline. 

At its nearest point, the multi-purpose 

pier would lie approximately 60 feet 

from the Hauola Stone (a historic site). 

New dredging will be required to widen 

existing entrance channel and create 

berthing areas. 

4. Initial Ferry Pier with Building 

Alternative—A two-story building (32 

feet in height) was proposed as a 

possible addition to the new ferry pier. 

The ground level of the building would 

include about 4,500 square feet of open 

area for passenger arrivals and 

departures, while the second level 

would contain a total floor area of 

approximately 2,970 square feet which 

would include public restrooms, a 

janitor’s closet, a wrap-around deck and 

1,175 square feet of area for office and 

concession space. Stairs and an elevator 

would provide pedestrian access 

between levels. New dredging will be 

required to widen existing entrance 

channel and create additional berthing 

areas. 

5. Modified Ferry Pier Alternative—

Based upon comments received during 

the stakeholders’ meeting, DLNR reevaluated and modified their conceptual 

plans for the ferry pier. The DLNR’s 

modified plan proposes a new ferry pier 

35 feet wide and 116 feet long, a 

concrete walkway 16 feet wide and 60 

feet long with safety railings that will 

connect to the existing pier, a shade 

structure on the new ferry pier, a small 

floating platform with a moveable 

gangway, and dredging to widen the 

entrance channel and berthing area to 

accommodate docking of two vessels 

(one on each side of the new pier) up 

to 101 feet in length with a beam of 24 

feet. A low-rise, open-sided roofed 

structure, which would cover a portion 

of the existing pier is currently being 

evaluated by the DLNR for inclusion as 

a project component. 

Any additional reasonable 

alternatives that emerge from the 

scoping process will also be considered. 

The formulation of preferred and 

alternative design schemes is an 

iterative process and will need to 

consider various factors including, but 

not limited to the following: 

• The location of historic sites in the 

area and potential proximity impacts to 

those sites. 

• The location of existing facilities in 

the area, such as the Pioneer Inn, the 

Lahaina Public Library, and King 

Kamehameha III Elementary School, 

and potential use impacts to these 

facilities. 

• Existing baseline conditions and 

potential impacts to marine life, water 

quality, and littoral processes. 

• Surrounding structures and uses in 

the area and potential impacts to vehicle 

and pedestrian traffic, open space areas, 

ocean and mountain views, and lateral 

views along the shoreline. 

V. Probable Effects 

The EIS will evaluate and fully 

disclose the environmental 

consequences of building Lahaina Small 

Boat Harbor Ferry Pier Improvements in 

advance of any decision by FTA to 

commit financial or other resources 

toward the implementation of a 

particular alternative. The EIS will 

examine the socio-economic and 

environmental impacts of the 

alternatives. In addition, it will discuss 

actions to reduce or eliminate any 

adverse impacts. 

Environmental issues to be analyzed 

in the EIS include: near-shore marine 

environmental impacts, flora and fauna 

impacts, air quality impacts, noise 

impacts, scenic and open space impacts, 

as well as impacts to the socio-economic 

environment and public services. 

Impacts to infrastructure will also be 

assessed including changes to roadway 

levels of service; impacts on 

surrounding land use, including 

consistency of proposed improvements 

with local plans and policies; and 

potential impacts to historic and 

cultural resources. Cumulative and 

growth-inducing impacts will be 

examined. Impacts will be evaluated for 

both the temporary construction period 

and for the long-term operation of the 

alternatives. Measures to mitigate any 

adverse impacts will be identified. 

To ensure that all significant issues 

related to this proposed action are 

identified and addressed, scoping 

comments and suggestions are invited 

from all interested parties. Comments 

should be directed to the DLNR as noted 

in the ADDRESSES section above. 

VI. FTA Procedures 

The EIS is being prepared in 

accordance with the National 

Environmental Policy Act of 1969 

(NEPA), its implementing regulations by 

the Council on Environmental Quality 

(40 CFR parts 1500–1508), and with the 

FTA/Federal Highway Administration’s 

‘‘Environmental Impact and Related 

Procedures’’ (23 CFR part 771). In 

accordance with FTA policy, the NEPA 

process will also address the 

requirements of other applicable 

environmental laws, regulations and 

executive orders, such as the National 

67624 Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Notices 

1See KBUS Holdings, LLC—Acquisition of Assets 

and Business Operations—All West Coachlines, 

Inc., et al., STB Docket No. MC–F–21000 (STB 

served July 23, 2003).

Historic Preservation Act of 1966, 

Section 4(f) of the U.S. Department of 

Transportation Act, and Executive 

Orders on Environmental Stewardship 

and Transportation Infrastructure 

Project Reviews, Environmental Justice, 

Floodplain Management, and Protection 

of Wetlands. 

Upon completion, the Draft EIS will 

be distributed for public and agency 

review and comment. A public hearing 

on the Draft EIS will be held within the 

study area. Based on the Draft EIS and 

the public and agency comments 

received, FTA and DLNR may further 

refine and analyze the alternatives in 

the Final EIS.

Issued on: November 10, 2004. 

Leslie T. Rogers, 

Regional Administrator.

[FR Doc. 04–25591 Filed 11–17–04; 8:45 am] 

BILLING CODE 4910–57–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Docket No. MC–F–21011] 

CUSA FL, LLC d/b/a Franciscan 

Lines—Acquisition of Assets and 

Business Operations—Pacific Coast 

Bus Service, Inc.

AGENCY: Surface Transportation Board, 

DOT.

ACTION: Notice tentatively approving 

finance transaction. 

SUMMARY: CUSA FL, LLC d/b/a 

Franciscan Lines (CUSA FL or 

applicant), a motor passenger carrier 

controlled by CUSA, LLC (CUSA), has 

filed an application under 49 U.S.C. 

14303 to acquire control and operate 

certain assets of Pacific Coast Bus 

Service, Inc. (Pacific Coast or seller), a 

motor passenger carrier. The transaction 

was approved on an interim basis under 

49 U.S.C. 14303(i), and the Board is now 

tentatively granting permanent 

approval. Persons wishing to oppose 

this application must follow the rules at 

49 CFR 1182.5 and 1182.8. If no 

opposing comments are timely filed, 

this notice will be the final Board 

action.

DATES: Comments must be filed by 

January 3, 2005. Applicant may file a 

reply by January 18, 2005. If no 

comments are filed by January 3, 2005, 

this notice is effective on that date.

ADDRESSES: Send an original and 10 

copies of any comments referring to STB 

Docket No. MC–F–21011 to: Surface 

Transportation Board, 1925 K Street, 

NW., Washington, DC 20423–0001. In 

addition, send one copy of any 

comments to applicant’s representative: 

Stephen Flott, Flott & Co. PC, PO Box 

17655, Arlington, VA 22216–7655.

FOR FURTHER INFORMATION CONTACT: Eric 

S. Davis, (202) 565–1608. [Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1–800–877–8339.]

SUPPLEMENTARY INFORMATION: CUSA, 

CUSA FL’s parent company, controls 

over 20 Federal Motor Carrier Safety 

Administration (FMCSA) registered 

motor passenger carriers, and, in turn, is 

wholly owned by KBUS Holdings, LLC 

(KBUS), a noncarrier. KBUS acquired 

control of over 30 motor passenger 

carriers formerly owned by Coach USA, 

Inc., and then consolidated those 

entities into the motor passenger 

carriers now controlled by CUSA.1

These carriers operate more than 1,000 

coaches and 600 other revenue vehicles 

in 35 states. Annual revenues for the 

companies controlled by CUSA for 2004 

are forecast to be $220 million.

Applicant has entered into an 

agreement with Pacific Coast to buy 

Pacific Coast’s assets, including 

vehicles, and its business operations. 

CUSA FL holds motor common carrier 

passenger authority for charter and 

special operations and for regular route 

operations and contract carrier authority 

under MC–463273. Once this 

transaction is consummated, the Federal 

operating authority currently held by 

seller will be surrendered. 

Under 49 U.S.C. 14303(b), the Board 

must approve and authorize a 

transaction found to be consistent with 

the public interest, taking into 

consideration at least: (1) The effect of 

the transaction on the adequacy of 

transportation to the public; (2) the total 

fixed charges that result; and (3) the 

interest of affected carrier employees. 

Applicant has submitted information, 

as required by 49 CFR 1182.2, including 

information to demonstrate that the 

proposed transaction is consistent with 

the public interest under 49 U.S.C. 

14303(b). Specifically, applicant states 

that service to the public will be 

enhanced in that applicant will employ 

the acquired assets and personnel of 

seller to expand its service, and that the 

proposed transaction will ensure that 

there is no cessation in seller’s 

operations. Also, CUSA FL states that 

the proposed transaction will have no 

effect on fixed charges or employees. 

Applicant states that all qualified 

Pacific Coast employees who desire 

employment will be offered 

employment with CUSA FL. CUSA FL 

asserts that the proposed transaction 

will allow CUSA to extend its 

advantages of volume purchasing power 

in areas such as equipment and fuel to 

this new acquisition. Additional 

information, including a copy of the 

application, may be obtained from 

applicant’s representative. 

On the basis of the application, the 

Board finds that the proposed 

transaction is consistent with the public 

interest and should be authorized. If any 

opposing comments are timely filed, 

this finding will be deemed vacated 

and, unless a final decision can be made 

on the record as developed, a 

procedural schedule will be adopted to 

reconsider the application. See 49 CFR 

1182.6(c). If no opposing comments are 

filed by the expiration of the comment 

period, this decision will take effect 

automatically and will be the final 

Board action.

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

This decision will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

It is ordered:

1. The proposed finance transaction is 

approved and authorized, subject to the 

filing of opposing comments. 

2. If timely opposing comments are 

filed, the findings made in this decision 

will be deemed vacated. 

3. This decision will be effective on 

January 3, 2005, unless timely opposing 

comments are filed. 

4. A copy of this notice will be served 

on: (1) The U.S. Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 400 7th Street, 

SW., Room 8214, Washington, DC 

20590; (2) the U.S. Department of 

Justice, Antitrust Division, 10th Street & 

Pennsylvania Avenue, NW., 

Washington, DC 20530; and (3) the U.S. 

Department of Transportation, Office of 

the General Counsel, 400 7th Street, 

SW., Washington, DC 20590.

Decided: November 12, 2004.

By the Board, Chairman Nober, Vice 

Chairman Mulvey, and Commissioner 

Buttrey. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–25611 Filed 11–17–04; 8:45 am] 

BILLING CODE 4915–01–P