8266 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Notices 

Due to the expiration of an RSTAC 

member’s term, a vacancy exists for a 

large railroad representative. 

Nominations for candidates to fill the 

vacancy should be submitted in letter 

form, identifying the name of the 

candidate, providing a summary of why 

the candidate is qualified to serve on 

RSTAC, and containing representations 

that the candidate is willing to serve as 

an RSTAC member effective 

immediately upon appointment. 

Candidates may nominate themselves. 

The Chair is committed to having a 

committee reflecting diverse 

communities and viewpoints and 

strongly encourages the nomination of 

candidates from diverse backgrounds. 

RSTAC candidate nominations should 

be filed with the Board by March 7, 

2024. Members selected to serve on 

RSTAC are chosen at the discretion of 

the Board’s Chair. 

Please note that submissions will be 

posted on the Board’s website under 

Docket No. EP 526 (Sub-No. 19) and can 

also be obtained by contacting the Office 

of Public Assistance, Governmental 

Affairs, and Compliance at RCPA@

stb.gov or (202) 245–0238. 

Authority: 49 U.S.C. 1325. 

Decided: February 1, 2024. 

By the Board, Mai T. Dinh, Director, Office 

of Proceedings. 

Tammy Lowery, 

Clearance Clerk. 

[FR Doc. 2024–02368 Filed 2–5–24; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2024–0007] 

Notice of Intent To Prepare a 

Supplemental Environmental Impact 

Statement for a Proposed Highway 

Project; Parsons, Tucker County, WV 

to Davis, Tucker County, WV 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation. 

ACTION: Notice of intent to prepare a 

supplemental environmental impact 

statement. 

SUMMARY: The FHWA, in coordination 

with the West Virginia Division of 

Highways (WVDOH) is issuing this 

Notice of Intent (NOI) to solicit 

comments and advise the public, 

agencies, and stakeholders that they 

intend to prepare a Supplemental 

Environmental Impact Statement (SEIS) 

for the Supplemental Final 

Environmental Impact Statement 

(SFEIS) (FHWA–WV–EIS–92–01–SD) 

for the 9-mile Appalachian Highway 

Corridor H Parsons to Davis Project in 

Tucker County, West Virginia. Persons 

and agencies who may be interested in 

or affected by the proposed project are 

encouraged to comment on the 

information in this NOI and the NOI 

Supplementary Information Document. 

All comments received in response to 

this NOI will be considered and any 

information presented herein may be 

revised in consideration of the 

comments. 

DATES: Comments on this NOI or the 

NOI Supplementary Documentation 

must be received by March 27, 2024. 

ADDRESSES: This NOI and the NOI 

Supplementary Information document 

are available in the docket referenced 

above at www.regulations.gov and on 

the project website located at https://

transportation.wv.gov/highways/ 

engineering/comment/Pages/ 

default.aspx. The NOI and the NOI 

Supplementary Documentation will also 

be mailed upon request. All interested 

parties are invited to submit comments 

by any of the following methods: 

• Online Submission: Submission of 

comments through the Federal 

eRulemaking Portal located at 

www.regulations.gov or the project 

website located at https://

transportation.wv.gov/highways/ 

engineering/comment/ 

CorridorHParsonsToDavis; 

• Physical Delivery to the following 

mailing address: FHWA West Virginia 

Division, 300 Virginia Street East, Suite 

7400, Charleston, WV 25301; and 

• Project website https://

transportation.wv.gov/highways/ 

engineering/comment/ 

CorridorHParsonsToDavis. 

All submissions should include the 

agency name and the docket number 

that appears in the heading of this 

Notice. All comments received will be 

posted without change to 

www.regulations.gov, including any 

personal information provided. The 

Draft SEIS will include a summary of 

the comments received. 

FOR FURTHER INFORMATION CONTACT: For 

further information or to request 

addition to the project mailing list, 

contact Jason Workman, Director of 

Project Development, FHWA WV 

Division, 300 Virginia Street East, Suite 

7400, Charleston, WV 25301 or Travis 

Long, Director, Technical Support 

Division, WV Division of Highways, 

1334 Smith Street, Charleston, WV 

25301. 

SUPPLEMENTARY INFORMATION: The 

FHWA, as the lead Federal Agency, and 

WVDOH as joint lead agency/project 

sponsor, are preparing a SEIS to 

evaluate environmental impacts of the 

construction of a new highway on new 

alignment between Parsons, WV and 

Davis, WV. The SEIS will be prepared 

in accordance with the requirements of 

the National Environmental Policy Act 

(NEPA) of 1969, as amended (42 United 

States Code [U.S.C.] 4321, et seq.); 

Council on Environmental Quality 

(CEQ) regulations implementing NEPA 

(40 Code of Federal Regulations [CFR] 

1500–1508); FHWA regulations 

implementing NEPA (23 CFR 771.101– 

771.139); and applicable Federal, State, 

and local laws and regulations. The 

SEIS will follow the same format as the 

original EIS (i.e., draft, final, record of 

decision [ROD]). Likewise, the SEIS 

process will continue to follow the 

integrated NEPA/404 process outlined 

in the 1994 Alignment Selection Draft 

Environmental Impact Statement, 1996 

FEIS, and 2007 SFEIS. The 1996 FEIS, 

2007 SFEIS, Alignment Resource 

Location Plans, and prior final NEPA 

documents relevant to this project will 

be available on the project website: 

https://transportation.wv.gov/highways/ 

major-projects/Corridor-H/route/Pages/ 

Parsons-to-Davis.aspx. Completion of 

the Supplemental Final Environmental 

Impact Statement and Amended ROD is 

anticipated in December of 2024. 

The most recent NEPA document for 

the Parsons to Davis Project was a 

Supplemental Final Environmental 

Impact Statement (SFEIS) approved by 

FHWA on February 2, 2007 (FHWA– 

WV–EIS–92–01–SD). The 2007 SFEIS 

identified a modified Original Preferred 

Alternative (OPA) termed the Revised 

Original Preferred Alternative (ROPA) 

as the preferred alternative. Following 

FHWA approval and circulation of the 

2007 SFEIS, an Amended ROD was not 

issued, and the proposed project was 

put on hold due to lack of funding. 

Project Re-Initiation 

The WVDOH re-initiated the Parsons 

to Davis Project with two public 

outreach workshops (August 20, 2019, 

and September 12, 2022) held in the 

project area. The WVDOH also initiated 

consultation with the United States Fish 

and Wildlife Service (USFWS), United 

States Forest Service (USFS), United 

States Department of Agriculture 

Natural Resources and Conservation 

Service (USDA NRCS), United States 

Army Corps of Engineers (USCOE), 

United States Environmental Protection 

Agency (USEPA), West Virginia 

Department of Natural Resources 

(WVDNR), West Virginia State Historic 

Preservation Office (WVSHPO), and 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Notices 8267 

West Virginia Department of 

Environmental Protection (WVDEP). 

Purpose and Need for the Proposed 

Action 

The overall purpose and need for 

Corridor H were established by the U.S. 

Congress and its Appalachian 

Development Highway System (ADHS) 

in 1965. As stated in its 2017 Technical 

Report (‘‘Economic Analysis of 

Completing the Appalachian 

Development Highway System’’), ‘‘The 

ADHS was authorized by Congress with 

the purpose of stimulating economic 

development by reducing isolation and 

improving access for an economically 

depressed region that had been largely 

left unserved by the interstate highway 

system.’’ That purpose was re-examined 

and confirmed in the 1996 approved 

SFEIS and ROD for the Elkins, WV to 

the WV/Stateline Corridor H Project. 

The 2007 approved Parsons to Davis 

SFEIS reaffirmed the purpose and need 

of the overall Corridor H project and 

identified specific purposes and needs 

specific to the Parsons to Davis Project. 

It stated: 

‘‘The Parsons to Davis Project is a 

component of the Appalachian Corridor 

H Project. As a link in that chain, it is 

expected to contribute to addressing 

needs identified in the 1996 Corridor H 

SFEIS’’: 

• Improve east-west transportation 

through northeastern West Virginia; 

• Promote economic development in 

the region; and 

• Preserve or improve the quality of 

life in the region. 

In addition to these general needs for 

Appalachian Highway Corridor H, the 

2007 SFEIS identified needs specific to 

the Parsons to Davis Project: 

• Reduce truck traffic through the 

City of Thomas; and 

• Improve emergency response times 

and access to emergency facilities. 

This SEIS will also include the 

following objectives applicable to this 

SEIS that were included in the 2007 

SFEIS. Those objectives were: 

• To develop one or more alternatives 

that avoid the Blackwater Area; 

• To consider a range of 

alternative(s), including the OPA, the 

Revised OPA (ROPA), and Blackwater 

Avoidance Alternatives as required by 

the Settlement Agreement; and 

• To determine which alternatives 

will be carried forward for detailed 

analysis (Section II: Alternatives 

Analysis). 

Finally, this SEIS will: 

• Evaluate and compare the 

environmental consequences of both 

alternatives carried forward for detailed 

analysis; 

• Assess whether there is a ‘‘feasible’’ 

and ‘‘prudent’’ alternative in the 

Parsons to Davis Study Area that does 

not ‘‘use’’ any land protected by section 

4(f) of the Department of Transportation 

Act of 1966, 49 U.S.C. 303(c) (Section 

IV: Section 4(f) and 6(f) Analyses); and 

• Identify a Preferred Alternative for 

the Parsons to Davis Project. 

Preliminary Description of the 

Proposed Action and Alternatives 

The Council of Environmental Quality 

(CEQ) regulations (40 CFR 1502.9(d)) 

and (FHWA regulations (23 CFR 

771.130(a)) state that whenever there are 

changes, new information, or further 

developments on a project which result 

in significant environmental impacts 

not identified in the most recently 

distributed version of the draft or final 

EIS, a SEIS is necessary. Since the 

approval and circulation of the 2007 

SFEIS, there have been many changes in 

the project’s study area and, in the 

Federal and State regulatory 

environment which may result in 

significant environmental impacts not 

identified in the 2007 SFEIS; therefore, 

a new SEIS is required. 

This SEIS will evaluate two alignment 

alternatives developed within each of 

two 1500-foot-wide study corridors. 

Study corridor one (the ROPA corridor) 

will include the 2007 SFEIS identified 

preferred alternative. The alternative 

alignment developed in this corridor 

will be referred to as the Refined ROPA 

(R–ROPA). Study corridor two (the 

Blackwater Avoidance Corridor) will be 

developed north of the Blackwater 

Avoidance corridor identified in the 

2007 SFEIS. The alignment developed 

within this corridor will be referred to 

as Blackwater Avoidance Alternative 2 

(BAA 2). 

Each of these two alignment 

alternatives will be developed to a 

similar level of design detail to compare 

impacts with respect to cost, excavation 

quantities, network connectivity, 

constructability, and ability to meet 

general and project area purpose and 

need. Comparisons will be made on 

each of the alignment alternatives’ 

potential impacts to the natural, 

cultural, and social environs. The No 

Action Alternative assumes no 

improvements besides than those 

planned by others or implemented as 

part of routine maintenance. Following 

this review, a preferred alternative will 

be selected and identified in the SDEIS. 

Additional information on the 

alternatives, as well as maps and figures 

illustrating the project location, are 

provided in the NOI Supplementary 

Information document available for 

review in the docket established for this 

project and on the project website noted 

in the ADDRESSES section. The 

alternatives may be revised based on the 

consideration of public comments. The 

range of reasonable alternatives will be 

finalized after consideration of 

comments received during the comment 

period on this NOI and the NOI 

Supplementary Documentation and will 

be documented in the Draft EIS (DEIS). 

Summary of Expected Impacts 

This SEIS will evaluate the potential 

social, economic, and environmental 

impacts resulting from the 

implementation of the R–ROPA, BAA 2 

and the No Action Alternative 

Including: 

• Purpose and Need—Whether the 

alternative meets the project’s general 

purpose and local purpose and needs; 

• Community Cohesion—Whether the 

alternative avoids or minimizes impacts 

to the City of Thomas and Town of 

Davis’s connectivity; 

• Wetlands and Waters of the United 

States (U.S.) and/or Waters of the State 

of WV—Whether any build alternative 

would require fill and/or removal from 

Waters of the U.S. considered 

jurisdictional by the U.S. Army Corps of 

Engineers (USCOE) and impacts to 

waters considered to be jurisdictional by 

the WV Department of Environmental 

Protection; 

• Section 7 Endangered Species Act— 

Through consultation with the USFWS, 

determine whether the alternatives 

would have any potential to impact 

Federally listed species; 

• USFS Regional Forest Sensitive 

Species—Through coordination with 

the Monongahela National Forest, 

determine whether and to what extent 

the alternatives have the potential to 

impact resources identified by the USFS 

as Regional Forester Sensitive Species 

(RFSS); and 

• Relocations—The build alternatives 

may require relocations. The WVDOH 

and FHWA will work with potentially 

impacted stakeholders and designers to 

reduce the number of relocations with 

each alternative. 

The SEIS will evaluate the expected 

impacts and benefits to the resources 

identified above as well as the following 

other resources: land use; farmland; 

social and community resources; 

environmental justice; recreational 

trails; air quality; transportation; traffic 

noise; hazardous waste sites; and visual 

resources. 

The level of review of the identified 

resources for the SEIS will be 

commensurate with the anticipated 

impacts to each resource from the 

proposed project, will be comparable 

across alternatives, and will be governed 


ddrumheller on DSK120RN23PROD with NOTICES1
8268 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Notices 

by the statutory or regulatory 

requirements protecting those resources. 

The analyses and evaluations conducted 

for the SEIS will identify the potential 

for impacts, whether the anticipated 

impacts would be significant and/or 

adverse, and whether there are 

appropriate environmental mitigation 

measures to be developed and 

implemented for any selected 

alternative. 

Anticipated Permits and Other 

Authorizations 

On-going consultation with Federal 

and State resource agencies will help 

identify resources within the project 

area for each alternative and address 

specific conditions required by those 

agencies for issuance of permits or 

approvals. Details of permits and 

approvals required are found in Section 

5 of the NOI Supplementary 

Documentation (Permits and Other 

Authorizations Required). 

Schedule for the Decision-Making 

Process 

The project schedule will comply 

with 40 CFR 1501.10(a) and (b)(2) and 

23 U.S.C. 139, which requires that 

environmental reviews and 

authorization decisions for major 

projects occur within two years (from 

the date of publication of the NOI to the 

date of issuance of the Record of 

Decision (ROD). 

The anticipated project schedule is 

outlined below: 

• Notice of Availability of the Draft 

SEIS (SDEIS): May 2024 

• Public Hearing: June 2024 

• End of SDEIS Comment Period: July 

2024 

• Issue SFEIS/ROD: December 2024 

• Issue all Project Permits and 

Authorization Decisions: March 2025 

Description of the Agency and Public 

Involvement (Scoping) Process 

Public Involvement 

The WVDOH and FHWA began reinitiation, including scoping of the 

Parsons to Davis Project on August 20, 

2019, with a public workshop held in 

the vicinity of the Parsons to Davis 

Project area (i.e., Blackwater Falls State 

Park). During the workshop, WVDOH 

personnel presented a history of the 

project, maps of the preferred 

alternative (i.e., ROPA) identified in the 

2007 SFEIS, communicated to the 

public that it was going to restart the 

project, and solicited public comments. 

A second public workshop was held at 

the same venue on September 12, 2022, 

to update the public on project activities 

since the 2019 public workshop and 

again solicited public comments to 

assist WVDOH in the identification of 

new issues of concern to address in its 

SEIS study. During the comment 

periods following these two public 

workshops, WVDOH and FHWA 

received over 400 separate comments on 

the project and its alternatives. A 

summary of those comments is included 

in this NOI’s Supplementary 

Documentation at Section 7.2.1.1. 

In addition to these public 

workshops, WVDOH project personnel 

have held and/or presented project 

information through formal and 

informal meetings with local elected 

and appointed public officials including 

Thomas and Davis City Councils; 

development authorities; and 

commissions. Additional outreach will 

be held in accordance with the Public 

Involvement and Agency Coordination 

Processes detailed in the NOI 

Supplementary Documentation (Section 

7–Description of Agency and Public 

Scoping Process). 

Agency Scoping 

Since the early 1990s, the following 

agencies have been Cooperating 

Agencies on the entire Elkins, WV to the 

WV/VA Stateline project which 

includes the Parsons to Davis section: 

USEPA; USFWS; USFS; USCOE; USDA 

NRCS; US National Park Service (NPS). 

In addition to Federal Agencies, the 

following State agencies have been, and 

are, participants in all NEPA and NEPA 

related studies. The State agencies 

include the WVDEP and the WVDNR. 

Finally, the WVSHPO, Keeper of the 

National Register of Historic Places, and 

the Advisory Council for Historic 

Preservation are signatories of the 

Corridor H Section 106 Programmatic 

Agreement. Since the re-initiation of 

this project in 2019, WVDOH and 

FHWA have resumed coordination and 

consultation with each of these 

agencies. 

Public and agency coordination for 

this project will follow the public 

involvement and resource agency 

coordination processes outlined in 23 

U.S.C. 139. The public and agency 

coordination process that WVDOH and 

FHWA used on prior NEPA 

documentation development have been 

consistent with FHWA and resource 

agency regulations and policies (e.g., 23 

CFR 771.111 and FHWA–HEP–15–047 

DOT–VNTSC–FHWA–15–19 

Synchronizing Environmental Reviews 

for Transportation and Other 

Infrastructure Projects). The SDEIS will 

be available for public and agency 

review and comment prior to the SDEIS 

Public Hearing. 

Request for Comments Relevant to the 

Proposed Action 

With this Notice, FHWA and WVDOH 

request and encourage State, Tribal, 

local agencies, and the public to review 

the NOI and the NOI Supplementary 

Documentation and submit comments 

on the proposed action. The purpose of 

this request is to bring relevant 

comments, information, and analyses to 

the agency’s attention, as early in the 

process as possible, and to enable the 

agency to make maximum use of this 

information in the decision making. 

The regulations implementing 

Executive Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities apply to 

this program. 

(Authority: 42 U.S.C. 4321 et seq.; 23 CFR 

part 771). 

Jeffrey S. Blanton, 

Division Administrator, Federal Highway 

Administration. 

[FR Doc. 2024–02280 Filed 2–5–24; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2024–0013] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: Wind Dancer (Motor); Invitation 

for Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to issue coastwise 

endorsement eligibility determinations 

for foreign-built vessels which will carry 

no more than twelve passengers for hire. 

A request for such a determination has 

been received by MARAD. By this 

notice, MARAD seeks comments from 

interested parties as to any effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. Information about the 

requestor’s vessel, including a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

March 7, 2024. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2024–0013 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Search 

MARAD–2024–0013 and follow the 

instructions for submitting comments. 


ddrumheller on DSK120RN23PROD with NOTICES1