52212 Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices 

7 7 U.S.C. 19(a). 

B. Cost-Benefit Analysis 

Section 15(a) of the CEA 7 requires the 

Commission to consider the costs and 

benefits of its actions before issuing an 

order under the Act. By its terms, 

section 15(a) does not require the 

Commission to quantify the costs and 

benefits of such an order or to determine 

whether the benefits of such an order 

outweigh its costs; rather, it requires 

that the Commission ‘‘consider’’ the 

costs and benefits of its action. Section 

15(a) further specifies that the costs and 

benefits shall be evaluated in light of 

five broad areas of market and public 

concern: (1) Protection of market 

participants and the public; (2) 

efficiency, competitiveness, and 

financial integrity of futures markets; (3) 

price discovery; (4) sound risk 

management practices; and (5) other 

public interest considerations. 

The bulk of the costs imposed by the 

requirements of Commission Rule 36.3 

relate to significant and increased 

information-submission and reporting 

requirements adopted in response to the 

Reauthorization Act’s directive that the 

Commission take an active role in 

determining whether contracts listed by 

ECMs qualify as SPDCs. The enhanced 

requirements for ECMs will permit the 

Commission to acquire the information 

it needs to discharge its newlymandated responsibilities and to ensure 

that ECMs with SPDCs are identified as 

entities with the elevated status of 

registered entity under the CEA and are 

in compliance with the statutory terms 

of the core principles of section 

2(h)(7)(C) of the Act. The primary 

benefit to the public is to enable the 

Commission to discharge its statutory 

obligation to monitor for the presence of 

SPDCs and extend its oversight to the 

trading of SPDCs. 

Issued in Washington, DC, on October 5, 

2009 by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E9–24390 Filed 10–8–09; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETING: 

Commodity Futures Trading 

Commission. 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Tuesday, 

October 27, 2009. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Rule 

Enforcement Review Meeting. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. E9–24560 Filed 10–7–09; 4:15 pm] 

BILLING CODE 6351–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Intent To Prepare a Draft 

Environmental Impact Statement for 

the Proposed Dallas Floodway Project, 

a Multipurpose Project Containing 

Levee Remediation, Flood Risk 

Management, Ecosystem Restoration, 

Recreation Enhancement, and Other 

Proposed Projects Along the Trinity 

River Within and Adjacent to the 

Existing Dallas Floodway in Dallas 

County, Dallas TX 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice of intent. 

SUMMARY: The U.S. Army Corps of 

Engineers (USACE), Fort Worth District, 

in partnership with the City of Dallas, 

intends to prepare a Draft 

Environmental Impact Statement (DEIS), 

pursuant to Section 102 of the National 

Environmental Policy Act (NEPA) as 

implemented by the regulations 

promulgated by the Council on 

Environmental Quality (40 Code of 

Federal Regulations Parts 1500–1508 

and USACE Engineering Regulation 

200–2–2) to analyze the potential 

comprehensive environmental 

consequences resulting from the 

implementation of proposed levee 

remediation, flood risk management, 

ecosystem restoration, recreation 

enhancement, and other proposed 

projects in and around the Dallas 

Floodway, in Dallas, TX. 

The USACE is preparing the DEIS in 

response to the authority contained in 

the United States Senate Committee on 

Environment and Public Works 

Resolution dated April 22, 1988, and 

Section 5141 of the Water Resources 

Development Act WRDA of 2007. The 

USACE must determine the technical 

soundness and environmental 

acceptability of the authorized project, 

levee remediation plans and other 

projects that are being proposed within 

and adjacent to the Dallas Floodway. 

The study area is located in and 

adjacent to the Dallas Floodway along 

the Trinity River, in Dallas, TX. The 

study area includes the area bound by 

the Loop 12 crossing of the Elm Fork 

and the I–30 crossing of the West Fork 

(river mile 505.50) to the southeastern 

edge of the Central Wastewater 

Treatment Plant on the Trinity River 

(river mile 494.63), as well as areas to 

the east and west of the Dallas 

Floodway to incorporate drainage basins 

associated with the east and west levee 

interior drainage systems. The study 

area encompasses approximately 36,292 

acres. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding the Dallas Floodway 

Projects EIS, please contact Mr. Jeffry 

Tripe, Regional Technical Specialist, 

U.S. Army Corps of Engineers, Fort 

Worth District, P.O. Box 17300, Fort 

Worth, TX, 76102–0300, (817) 886– 

1716, or via e-mail at 

Jeffry.A.Tripe@usace.army.mil. 

SUPPLEMENTARY INFORMATION: The Dallas 

County Levee Improvement District 

(DCLID) constructed the original Dallas 

Floodway levees between 1928 and 

1931. The DCLID rerouted the Trinity 

River by constructing a channel within 

the leveed floodway and filled the 

original river channel or used it for 

sump storage. In the mid-forties, major 

floods, compounded by continued 

urbanization in the watershed, resulted 

in increased drainage into the Dallas 

Floodway and severe flooding. To 

reduce flooding within the Dallas 

Floodway project area, Congress 

authorized the Dallas Floodway flood 

control project in 1945 and 1950. This 

resulted in several USACE 

improvements to the Dallas Floodway, 

completed in 1958. 

The existing Upper Trinity River 

Feasibility Study (UTRFS) serves as an 

umbrella study to all USACE projects in 

the basin. The USACE initiated the 

UTRFS in response to the authority 

contained in the United States Senate 

Committee on Environment and Public 

Works Resolution dated April 22, 1988. 

This authorizing legislation for the 

overall study defines the area of 

investigations as the Upper Trinity 

River Basin, with specific emphasis on 

the Dallas-Fort Worth Metroplex. The 

UTRFS identified approximately 90 

potential projects addressing flood risk 

management, ecosystem restoration, and 

recreation within the study area. 

In May 1996, acting as the nonFederal sponsor on the on-going UTRFS, 

the North Central Texas Council of 

Governments coordinated with the 

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Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Notices 52213 

USACE and City of Dallas to modify the 

UTRFS Cost Sharing Agreement to 

include an Interim Feasibility Study of 

the existing Dallas Floodway as part of 

the on-going UTRFS. The team assessed 

several flood risk management 

alternatives in the Dallas Floodway 

Interim Feasibility Study. The USACE 

and City of Dallas also developed 

additional environmental quality 

alternatives to benefit fish and wildlife 

habitat, water quality, and aesthetic 

properties while minimizing adverse 

impacts to existing cultural resources 

and flood risk management benefits. On 

November 29, 2005, the USACE 

published a Notice of Intent (NOI) in the 

Federal Register (70 FR 71477) to 

prepare a DEIS for proposed 

modifications to the existing Dallas 

Floodway based on the Interim 

Feasibility Study and held a public 

scoping meeting on December 13, 2005. 

The USACE stopped the NEPA process 

in early 2006 in order to conduct further 

study and alternative development and 

connectivity to other projects in the 

vicinity. 

The City of Dallas continued 

developed of another variation to the 

Trinity River Corridor Master 

Implementation Plan that included 

similar environmental quality measures 

and interior drainage system 

improvements, known as the BVP. The 

2007 WRDA authorized the City of 

Dallas, Dallas Floodway BVP. This 

authorization superseded the need to 

continue development of the Interim 

Feasibility Study and allowed 

implementation of the BVP and interior 

drainage system components if the 

USACE determines they are technically 

sound and environmentally acceptable. 

On December 22, 2008, the USACE 

published a NOI in the Federal Register 

(73 FR 78377) to prepare a Draft EIS for 

the Dallas Floodway BVP. Due to the 

large number of other proposed projects 

being requested by local entities, the 

USACE suspended the NEPA process in 

March 2009. The intent to conduct a 

comprehensive analysis of all proposed 

Dallas Floodway projects was initiated 

to better assess impacts to the 

environment and risk to flood 

protection. 

This NOI announces the USACE’s 

intent to initiate the NEPA process for 

a comprehensive analysis of potential 

Dallas Floodway Projects. Projects that 

are currently proposed to be assessed in 

the USACE Dallas Floodway Project 

include: City of Dallas levee 

remediation plans; USACE and City of 

Dallas 2007 WRDA projects that include 

the BVP, flood risk management, and 

interior drainage plans; and other 

proposed projects within the Dallas 

Floodway such as the proposed Trinity 

Parkway Tollway and various bridge 

and utility improvement projects. 

Proposed BVP alternatives for 

ecosystem restoration and recreation 

enhancement will be developed and 

evaluated based on ongoing fieldwork 

and data collection and past studies 

conducted by the Corps of Engineers, 

the City of Dallas, and regulatory 

agencies. Ecosystem restoration actions 

that will be evaluated in the DEIS 

include creating meanders within the 

Trinity River, restoring, protecting and 

expanding the riparian corridor, 

improving aquatic habitat, creating 

riffle-pool complexes, and constructing 

wetlands. Recreation measures that will 

be evaluated include the West, Natural, 

and Urban lakes, terraced playing fields, 

multipurpose trails, whitewater 

facilities, pedestrian bridges, utilities, 

parking facilities, amphitheaters, 

promenade, concession pads, boat/ 

canoe access points, and passive 

recreation features, such as interpretive 

guidance, media, and picnic areas. 

Recreation measures will be developed 

to a scope and scale compatible with 

proposed ecosystem restoration 

measures without significantly 

diminishing ecosystem benefits. 

Proposed USACE and City of Dallas 

alternatives to address existing Dallas 

Floodway flood risk management and 

interior drainage concerns will be 

evaluated from both a non-structural 

and structural perspective. Nonstructural measures that will be 

evaluated include acquisition and 

removal of structures or flood proofing 

of structures for protection from 

potential future flood damage. 

Structural measures that will be 

evaluated include levee height 

modification by fill or addition of flood 

walls, changes in interior drainage by 

enlarging storage areas or increasing 

widths and depths, removal of the 

existing AT&SF Bridge, and/or a 

combination of these measures. 

The USACE performed a periodic 

inspection of the Dallas Floodway in 

early December 2007 and documented 

significant deficiencies. The findings 

resulted in unacceptable ratings for the 

Dallas Floodway. In addition to 

numerous unacceptable ratings, the 

results of the inspection identified 

negative impacts during base flood (100- 

year event) conditions, which would 

jeopardize performance of flood 

protections to function as authorized. 

This is a significant concern that may 

have a substantial negative impact on 

Federal Emergency Management 

Authority (FEMA) flood mapping of the 

areas outside the levees and the 

residents and businesses protected by 

those levees. An assessment of proposed 

levee remediation plans and potential 

impacts will be performed in the DEIS. 

In addition to levee remediation and 

flood risk management projects and 

concerns, there are several Section 408 

projects proposed for the Dallas 

Floodway. Under the terms of 33 U.S. 

Code (USC) 408, any proposed levee 

modification requires a determination 

by the Secretary of the Army that the 

proposed alteration, permanent 

occupation, or use of a Federal project 

is not injurious to the public interest 

and will not impair the usefulness of the 

levee. The authority to make this 

determination and approve 

modifications to Federal works under 33 

USC 408 has been delegated to the Chief 

of Engineers, USACE. Thus, the USACE 

will consider and evaluate identified 

Section 408 projects in conjunction with 

the authorized WRDA and levee 

remediation projects in order to 

determine the potential environmental 

consequences of all proposed actions in 

the Dallas Floodway Project study area. 

The USACE will conduct 

coordination with the public and 

agencies to ensure full and open 

participation and aid in the 

development of the DEIS. The USACE 

requests that all affected Federal, state, 

and local agencies, affected Indian 

tribes, and other interested parties 

participate in the NEPA process. The 

USACE invites the public to participate 

in the EIS scoping process and review 

of the DEIS. A scoping meeting is 

scheduled for Tuesday, November 17, 

2009 at the Dallas Convention Center 

(650 S. Griffin Street, Dallas, Texas) 

from 6 p.m. until 9 p.m. The USACE 

will inform all known interested 

individuals as well as announce the 

meeting dates and locations in local 

news media. The USACE will announce 

the release of the DEIS for public 

comment and the subsequent public 

review meeting date in the local news 

media upon completion of the DEIS. 

The NOI, DEIS, and other project related 

information will also be available for 

review at USACE Web sites. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. E9–24439 Filed 10–8–09; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Board on Coastal Engineering 

Research 

AGENCY: Department of the Army, DoD. 

mstockstill on DSKH9S0YB1PROD with NOTICES