Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices 58947

SUPPLEMENTARY INFORMATION:

Historically, the Interstate Commerce

Act provided that carriers could provide

transportation only at the rates set forth

in a tariff filed with the Interstate

Commerce Commission. A carrier could

not charge a shipper any rate different

from the filed tariff rate, with the

exception that under 49 U.S.C. 10721

the carrier could transport property for

the U.S. Government ‘‘at reduced rates’’,

meaning rates that were reduced from

the common carrier’s tariff rates. By

Pub. L. 103–311 (The Trucking Industry

reform Act of 1994), effective 26 August

1994, and Pub. L. 104–88 (The ICC

Termination Act of 1995), effective 29

December 1995, congress repealed the

requirement that motor carriers (other

than carriers of household goods) file a

tariff and apply that tariff. With some

exceptions, tariffs are no longer filed by

motor carriers with the Interstate

Commerce Commission, and there is,

accordingly, no requirement that

carriers apply a tariff rate to FMS traffic.

MTMC’s policy change in its movement

programs will require motor carriers to

participate in FMS shipments for new

movements and resolicited GT

agreements; and, will accommodate

motor carrier’s voluntary agreements to

include FMS shipments in currently

effective GT agreements and related

freight movement programs.

Gregory D. Showalter,

Army Federal Register Liaison Officer.

[FR Doc. 97–28877 Filed 10–30–97; 8:45 am]

BILLING CODE 3710–08–M

DEPARTMENT OF DEFENSE

Corps of Engineers; Department of the

Army

Intent To Prepare Draft Environmental

Impact Statements for the Evaluation

of Water Allocation Formulas for the

Alabama-Coosa-Tallapoosa (ACT) and

Apalachicola-Chattahoochee-Flint

(ACF) River Basins, located in

Alabama, Florida, and Georgia

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Notice of intent.

SUMMARY: The Mobile District, U.S.

Army Corps of Engineers (Corps), in

cooperation with several Federal

cooperating agencies, intends to prepare

Draft Environmental Impact Statements

(EISs), to address proposed water

allocation formulas for the equitable

apportionment of water in the ACT and

ACF River Basins. The formulas will be

developed by the States of Alabama and

Georgia for the ACT basin; and by the

States of Alabama, Florida and Georgia

for the ACF basin. The States will

develop these formulas, in conjunction

with the United States, and subject to

concurrence by a federal Commissioner.

A separate EIS will be prepared to

evaluate the formulas for each basin:

ACT Basin and ACF Basin.

FOR FURTHER INFORMATION CONTACT:

Questions about these EISs or the NEPA

process can be answered by: Ms. Joanne

Brandt (ACF) or Mr. Michael J. Eubanks

(ACT), Inland Environment Section, U.

S. Army Engineer District-Mobile, Post

Office Box 2288, Mobile, Alabama

36628–0001; Telephone (334) 690–3260

or (334) 694–3861, respectively.

Electronic mail may be addressed to:

michael.j.eubanks@sam.usace.army.mil

or

joanne.u.brandt@sam.usace.army.mil

Also, brief messages may be left on a

toll-free line answering machine at 1–

800–421–7637, or delivered by

electronic facsimile at (334) 694–3815.

For current information, you may also

visit the Mobile District Web Page:

http://www.sam.usace.army.mil/sam/

pd/actacfeis

SUPPLEMENTARY INFORMATION:

1. Public Participation

a. The Corps invites full public

participation to promote open

communication and better decision

making. All persons and organizations

that have an interest in the water

allocation formulas, including minority,

low-income, disadvantaged and native

American Groups, are urged to

participate in this National

Environmental Policy Act (NEPA)

environmental analysis process.

Assistance will be provided upon

request to anyone having difficulty with

learning how to participate.

b. Public comments are welcomed

anytime throughout the NEPA process.

Formal opportunities for public

participation include:

(1) Response to the Scoping Brochure/

Questionnaire—Anytime during the

NEPA process.

(2) Review and Comment on the Draft

EISs—Oct–Nov 1998.

(3) Comments/Presentation on the

draft EISs at Public Workshops—Nov

1998.

(4) Review of the Final EISs—Summer

1999.

c. Precise schedules and locations

will be announced in the local news

media. You may also request to be

included on the mailing list for public

distribution of meeting announcements

and documents.

2. Background

a. The States of Alabama, Florida, and

Georgia, in conjunction with the United

States, will soon be developing water

allocation formulas for the ACT and

ACF River Basins, in accordance with

interstate water compacts. The States

have ratified the compacts and

implementing provisions are currently

being developed in consent legislation

before Congress. The purpose of the

compacts would be to promote

interstate comity, remove causes of

present and future controversies,

equitably apportion surface waters of

the ACT and ACF Basins, engage in

water planning, and develop and share

common data bases.

b. Pursuant to the ACT and ACF

interstate compacts, allocation formulas

would be developed by Commissions

established for each basin. A Federal

Commissioner will be appointed as a

non-voting advisory member for each

compact Commission. The compacts

would provide for approval of allocation

formulas by unanimous vote of the State

Commissioners and concurrence of the

Federal Commissioner. Federal agency

evaluations and these EISs will form the

basis for the Federal Commissioner’s

decision to concur or nonconcur with

the water allocation formulas developed

in accordance with the compacts.

c. The Corps, in partnership with the

States of Alabama, Florida, and Georgia,

is currently conducting a

Comprehensive Study of the ACT and

ACF river basins. The Comprehensive

Study was initiated in January 1992,

under a Memorandum of Agreement

among the three States and the U.S.

Department of the Army. The

Comprehensive Study has developed

substantial data and predictive models

useful for the development of water

allocation formulas. The Comprehensive

Study partners have also recommended

development of interstate compacts as

the mechanisms for coordinated

management of the basins.

d. The Corps, in conjunction with the

Federal cooperating agencies, will

prepare separate EISs to evaluate the

environmental and socioeconomic

impacts of the proposed allocation

formula for each basin. In addition to

information available from the

Comprehensive Study, a preliminary

scope of evaluations necessary to assist

the Federal Commissioner in a decision

has been identified in a Federal

Interagency Management Plan. Agency

evaluations will be incorporated into

the completed EISs, which may be used

as supporting documentation for a

decision by the Federal Commissioner

on the acceptability of the water
58948 Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices

allocation formulas. The EISs may also

serve as supporting documents for

future decisions related to the

management of the basins.

e. The completion schedule for these

EISs is coordinated with the legislated

timelines mandated by the compact

agreements.

The State Commissioners must agree

on proposed allocation formulas by

December 31, 1998, unless they agree on

an extension. Following approval of an

allocation formula by the State

Commissioners, the Federal

Commissioner must make a concurrence

decision within 255 days thereafter.

This timeline specified in the pending

compacts warrants immediate

commencement of the EISs, even though

the allocation formulas have not yet

been developed. The initial EIS work

will include completion of field studies,

gathering of environmental,

socioeconomic and hydrologic baseline

information. The public involvement

process will be initiated as well.

f. The EISs will display the range of

flows experienced by current water

management operations, compared to a

foreseeable range of reasonable

alternative flows which may result from

proposed allocation formulas. The

alternative ranges of flows, along with

the associated environmental impacts,

will create the framework upon which

the allocation formulas may be

evaluated. Further NEPA analysis and

other documentation will be prepared,

as necessary, to address proposed

actions that may become apparent under

the allocation formulas or compacts, if

the actions are not addressed by these

EISs.

3. Cooperating Agencies

The lead responsibility for these EISs

rests with the Corps. Federal

cooperating agencies include:

Department of Interior’s Fish and

Wildlife Service, Geological Survey, and

National Park Service; Environmental

Protection Agency; Department of

Agriculture’s Natural Resource

Conservation Service and Forest

Service; Department of Commerce’s

National Ocean Service and National

Marine Fisheries Service; Department of

Energy’s Southeastern Power

Administration; and Department of

Transportation’s Maritime

Administration. Each of the cooperating

Federal agencies will provide their

expertise in compiling information and

evaluating potential impacts.

4. Scoping

a. The ACT/ACF Comprehensive

Study involved the States, stakeholders

and the public in identifying areas of

concern; collecting and developing

water resource, environmental, and

socioeconomic data; and developing

tools to assist in decisions affecting an

equitable allocation of water resources

within the two basins. Scoping for these

EISs will continue to build upon the

knowledge and information developed

during the Comprehensive Study.

Additional meetings with agencies and

stakeholders groups will continue to

identify significant issues and data gaps,

and focus on the alternatives to be

evaluated.

b. A significant component of the

scoping process will be development

and distribution of a Scoping Brochure/

Questionnaire, and review of responses

to the questionnaire. The Scoping

Brochure/Questionnaire invites

comments and participation in the

scoping process by the public; Federal,

State, and local agencies and officials;

affected Indian tribes; and other

interested parties.

c. An Internet Web Page has been

established, to provide for public access

to information related to the ACT and

ACF Water Allocation Formulas

development and the EIS evaluation

process. The Scoping Brochure/

Questionnaire, in addition to mail

distribution, is located on the Web Page,

and allows for receipt of public

comments at any point during the NEPA

process. Current information on the

associated Comprehensive Basin Study

results or Interstate Compact

developments will also be presented on

the Web Page.

5. Environmental Review and

Consultation Requirements

Coordination with the U.S. Fish and

Wildlife Service will be accomplished

in compliance with the Endangered

Species Act and the Fish and Wildlife

Coordination Act. Coordination

required by other laws and regulations

will also be conducted.

Gregory D. Showalter,

Army Federal Register Liaison Officer.

[FR Doc. 97–28879 Filed 10–30–97; 8:45 am]

BILLING CODE 3710–CR–M

DEPARTMENT OF DEFENSE

Department of the Army; Corps of

Engineers

Intent To Prepare Draft Supplement II

to a Final Environmental Impact

Statement (EIS) for Proposed

Construction of a Water Supply

Reservoir on Sugar Creek in

Williamson and Johnson Counties, IL

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Notice of intent.

SUMMARY: The U.S. Army Engineer

District, Louisville Corps of Engineers is

initiating the preparation of Draft

Supplement II to a Final EIS for a

regulatory permit application from the

City of Marion, IL. The proposed action

by the City of Marion is the construction

of a water supply reservoir on Sugar

Creek in Williamson and Johnson

Counties, Illinois. The Draft Supplement

II will address combinations of

alternative actions, including separable

alternatives, to provide water to the City

of Marion, IL and Lake of Egypt Water

District from various sources in

southern Illinois.

FOR FURTHER INFORMATION CONTACT:

Questions or comments concerning the

preparation of this Draft Supplement II

to the Final EIS should be addressed to

Mr. Terry Siemsen, U.S. Army Engineer

District, Louisville, Corps of Engineers,

CELRL–PD–R, P.O. Box 59, Louisville,

Kentucky 40201–0059 or phone (502)

582–5550.

SUPPLEMENTARY INFORMATION: The

Louisville District prepared a Draft and

Final EIS (Final EIS completed July

1995) for this permit application as well

as a Draft and Final Supplement I to the

Final EIS (Final Supplement I

completed May 1996). A Record of

Decision was prepared and a

Department of the Army permit was

issued (July 1996) to the City of Marion

for placement of material in Sugar Creek

as part of the construction of their

proposed water supply reservoir.

The Department of the Army permit

was contested in the U.S. District Court

for the Southern District of Illinois and

the issuance of the permit was upheld

(December 1996). The Department of the

Army permit was vacated, however, by

order of the 7th Circuit Court of Appeals

on July 14, 1997. The 7th Circuit Court

of Appeals indicated that alternatives of

supplying the water needs of the City of

Marion, IL and Lake of Egypt Water

District from separate sources were not

sufficiently described in the completed

Final EIS and Final Supplement I to the

Final EIS.