Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Notices 31829

decline to exercise its primary

jurisdiction with regard to court

referrals involving violations of part

376.

Conclusion

The OOIDA petition does not raise

issues which require special expertise

by the FHWA. The questions of whether

Prime’s leases contain the necessary

terms required by § 376.12(i), or

whether escrow funds were returned

within 45 days of lease termination, are

fairly straightforward matters clearly

within the competence of a court to

resolve. Although part 376 does not

expressly apply to carrier-affiliated

equipment leasing companies, the ICC

fully addressed the applicability of the

regulations to such entities in the Dart

decision. The FHWA sees no reason to

revisit this issue. Accordingly, OOIDA’s

petition for declaratory order is denied.

In Washington, District of Columbia, this

29th day of May, 1998.

Gloria J. Jeff,

Deputy Administrator, Federal Highway

Administration.

[FR Doc. 98–15391 Filed 6–9–98; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33407]

Dakota, Minnesota & Eastern Railroad

Corporation—Construction and

Operation of New Rail Facilities in

Campbell, Converse, Niobrara, and

Weston Counties, Wyoming, Custer,

Fall River, Jackson, and Pennington

Counties, South Dakota, and Blue

Earth, Nicollet, and Steele Counties,

Minnesota

AGENCY: Surface Transportation Board.

ACTION: Notice of Availability of Draft

Scope of Study for the Environmental

Impact Statement (EIS) and Request for

Comments.

SUMMARY: On February 20, 1998, the

Dakota, Minnesota & Eastern Railroad

Corporation (DM&E) filed an application

with the Surface Transportation Board

(Board) for authority to construct and

operate new rail line facilities in eastcentral Wyoming, southwest South

Dakota, and south-central Minnesota.

The project involves a total new

construction of 280.9 miles of rail line.

Additionally, DM&E proposes to rebuild

597.8 miles of existing rail line along its

current system to standards acceptable

for operation of unit coal trains. Because

the construction and operation of this

project has the potential to result in

significant environmental impact, the

Board’s Section of Environmental

Analysis (SEA) has determined that the

preparation of an Environmental Impact

Statement (EIS) is appropriate. SEA will

hold agency and public scoping

meetings as part of the EIS process, as

discussed in the Notice of Intent to

Prepare an Environmental Impact

Statement (EIS), Request for Comments

on the Proposed EIS Scope, and Notice

of Scoping Meetings published by the

Board on March 27, 1998. As part of the

scoping process, the SEA has developed

a draft Scope of Study for the EIS. The

draft Scope of Study presents those

issues that would normally be evaluated

in an EIS for a project of this nature.

DATES: Written comments on the draft

Scope of Study are due July 10, 1998.

FILING ENVIRONMENTAL COMMENTS:

Interested persons and agencies are

invited to participate in the EIS scoping

process. A signed original and 10 copies

of comments should be submitted

separately to: Office of the Secretary,

Case Control Unit, STB Finance Docket

No. 33407, Surface Transportation

Board, 1925 K Street, NW, Washington,

D.C. 20423–0001.

To ensure proper handling of your

comments, you must mark your

submission: Attention: Elaine K. Kaiser,

Chief, Section of Environmental

Analysis, Environmental Filing.

FOR FURTHER INFORMATION CONTACT: Ms.

Victoria Rutson, SEA Project Manager,

Powder River Basin Expansion Project,

(202) 565–1545 or Mr. Steve Thornhill

of Burns & McDonnell, SEA’s third

party contractor, at (816) 822–3851.

SUPPLEMENTARY INFORMATION:

Draft Scope of Study for the EIS

Proposed Action and Alternatives

The proposed action, referred to as

the Powder River Basin Expansion

Project, would involve the construction

and operation of 280.9 miles of new rail

line and the rebuilding of 597.8 miles of

existing rail line by the Dakota,

Minnesota & Eastern Railroad

Corporation (DM&E), Brookings, South

Dakota, as described in the February 20,

1998 application for construction and

operation authority for the project filed

by DM&E and in the March 27, 1998

Notice of Intent to Prepare an EIS

published in the Federal Register by the

Board.

Consistent with its jurisdiction under

the ICC Termination Act of 1995, Pub.

L. No. 104–88, 109 Stat. 803 (1995), the

Board intends to conduct an

environmental analysis of the new

construction and the increase in

operations over DM&E’s existing system.

The EIS will not consider any proposed

construction or improvements to

DM&E’s existing system, but will

address the anticipated impacts of the

projected increases in train traffic over

the entire existing system.

The reasonable and feasible

alternatives that will be evaluated in the

EIS are (1) the no-action alternative (2)

construction of the project along the

identified preferred alignments in

Wyoming and South Dakota for the

mainline extension and in Minnesota

for the Mankato Bypass and Owatonna

connecting track and (3) construction of

the project along each of the identified

alternative alignments in Wyoming and

South Dakota for the mainline extension

and in Minnesota for the Mankato

Bypass and Owatonna connecting track.

Environmental Impact Analysis

Proposed New Construction

Analysis in the EIS will address the

proposed activities associated with the

construction and operation of new rail

facilities and their potential

environmental impacts, as appropriate.

The scope of the analysis will include

the following activities:

1. Proposed construction of new rail

mainline extension to access coal mines

south of Gillette, Wyoming.

2. Proposed construction of new rail

mainline to bypass DM&E’s existing

trackage rights on Union Pacific

Railroad in Mankato, Minnesota.

3. Proposed construction of new rail

line connection between DM&E and

I&M Rail Link south of Owatonna,

Minnesota.

Impact Categories

The EIS will address potential

impacts from the proposed construction

and operation of new rail facilities on

the human and natural environment.

Impacts areas addressed will include

the categories of land use, biological

resources, water resources, geology and

soils, air quality, noise, energy

resources, socioeconomics as they relate

to physical changes in the environment,

safety, transportation systems, cultural

and historic resources, recreation,

aesthetics, and environmental justice.

The EIS will include a discussion of

each of these categories as they

currently exist in the project area and

address the potential impacts from the

proposed project on each category as

described below:

1. Land Use

The EIS will:

A. Describe existing land use patterns

within the project area and identify

those land uses and the amounts of each
31830 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Notices

potentially impacted by new rail line

construction.

B. Describe the potential impacts

associated with the proposed new rail

line construction to agricultural lands

including cropland, pastureland,

rangeland, grassland, woodland,

developed land, and any other land uses

identified within the project area. Such

potential impacts may include impacts

to farming/ranching activities,

introduction of noxious weeds, fire

hazard, incompatibility with existing

land uses, relocation of residences or

businesses, and conversion of land to

railroad uses.

C. Propose mitigative measures to

minimize or eliminate potential project

impacts to land use.

2. Biological Resources

The EIS will:

A. Describe the existing biological

resources within the project area

including vegetative communities,

wildlife and fisheries, and federally

threatened or endangered species and

the potential impacts to these resources

resultant from construction and

operation of new rail line.

B. Describe the wildlife sanctuaries,

refuges, and national or state parks,

forests, or grasslands within the project

area and the potential impacts to these

resources resultant from construction

and operation of new rail line.

C. Propose mitigative measures to

minimize or eliminate potential project

impacts to biological resources.

3. Water Resources

The EIS will:

A. Describe the existing surface and

groundwater resources within the

project area, including lakes, rivers,

streams, stock ponds, wetlands, and

floodplains and the potential impacts on

these resources resultant from

construction and operation of new rail

line.

B. Describe the permitting

requirements for the proposed new rail

line construction in regard to wetlands,

stream crossings, water quality, and

erosion control.

C. Propose mitigative measures to

minimize or eliminate potential project

impacts to water resources.

4. Geology and Soils

The EIS will:

A. Describe the geology and soils

found within the project area, including

unique or problematic geologic

formations or soils and prime farmland

soils.

B. Describe measures employed to

avoid or construct through unique or

problematic geologic formations or soils.

C. Describe the impacts of new rail

line construction on prime farmland

soils.

D. Propose mitigative measures to

minimize or eliminate potential project

impacts to geology and soils.

5. Air Quality

The EIS will:

A. Evaluate rail air emissions on new

rail that exceed the Board’s

environmental thresholds in 49 CFR

1105.7(e)(5)(I), in an air quality

attainment or maintenance area as

designated under the Clean Air Act .

The threshold anticipated to apply to

this project is eight trains per day on

any segment of new rail line.

B. Evaluate rail air emissions on new

rail line, if the proposed project affects

a Class I or non-attainment area as

designated under the Clean Air Act. The

threshold for Class I and non-attainment

areas anticipated to apply to this project

is 3 trains per day or more.

C. Evaluate the potential air quality

benefits associated with the increased

availability and utilization of lower

sulfur Powder River Basin coal.

D. Discuss the potential air emissions

increases from vehicle delays at new

grade rail crossings where the rail

crossing is projected to experience an

increase in rail traffic over the

thresholds described above for

attainment, maintenance, Class I, and

non-attainment areas and that have an

average daily vehicle traffic level of over

5,000. Emissions from vehicle delays at

new grade rail crossings will be factored

into the emissions estimates for the

affected area, as appropriate.

E. Describe the potential air quality

impacts resulting during new rail line

construction activities.

F. Propose mitigative measures to

minimize or eliminate potential project

impacts to air quality during new rail

line construction.

6. Noise

The EIS will:

A. Describe the potential noise

impacts during new rail line

construction.

B. Describe potential noise impacts of

new rail line operation for those areas

that exceed the Board’s environmental

threshold of eight or more trains per

day.

C. Propose mitigative measures to

minimize or eliminate potential project

impacts to noise receptors.

7. Energy Resources

The EIS will:

A. Describe the potential

environmental impact of the new rail

line on the transportation of energy

resources and recyclable commodities.

B. Describe the environmental

impacts of the new rail line on

utilization of the nation’s energy

resources.

8. Socioeconomics

The EIS will:

A. Describe the potential

environmental impacts to residences,

residential areas, and communities

within the project area as a result of new

rail line construction and operation

activities.

B. Describe the potential

environmental impacts to commercial

and industrial development in the

project area as a result of new rail line

construction and operation.

C. Propose mitigative measures to

minimize or eliminate potential adverse

project impacts to social and economic

resources.

9. Safety

The EIS will:

A. Describe rail/highway grade

crossing safety factors at new grade

crossings, as appropriate.

B. Describe the potential for increased

probability of train accidents,

derailments, and train/vehicular

accidents at new grade crossings, as

appropriate.

C. Describe the potential for

disruption and delays to the movement

of emergency vehicles due to new rail

line construction and operation.

D. Propose mitigative measures to

minimize or eliminate potential adverse

project impacts to safety.

10. Transportation Systems

The EIS will describe the potential

effects of new rail line construction and

operation on the existing transportation

network in the project area including:

(1) Impacts to other rail carriers’

operations and

(2) Vehicular delays at new grade

crossings for those crossings having

average daily vehicle traffic of 5,000 or

more.

11. Cultural and Historic Resources

The EIS will:

A. Describe the potential impacts to

historic structures or districts

previously recorded and determined

potentially eligible, eligible, or listed on

the National Register of Historic Places

within or immediately adjacent to the

right-of-way for the preferred and

alternative construction alignments.

B. Describe the potential impacts to

archaeological sites previously recorded

and either listed as unevaluated or

determined potentially eligible, eligible,

or listed on the National Register of

Historic Places within the right-of-way
Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Notices 31831

for the preferred and alternative

construction alignments.

C. Describe the potential impacts to

historic structures or districts identified

by ground survey and determined

potentially eligible or eligible for listing

on the National Register of Historic

Places within or immediately adjacent

to the right-of-way for the preferred

construction alignment.

D. Describe the potential impacts to

archaeological sites identified by ground

survey and determined potentially

eligible or eligible for listing on the

National Register of Historic Places

within the right-of-way for the preferred

construction alignment.

E. Describe the potential general

impacts to paleontological resources in

the project area due to project

construction, if necessary and required.

F. Describe the potential impacts to

paleontological resources identified by

ground survey of the preferred

construction alternative alignment on

federal lands, if necessary and required.

12. Recreation

The EIS will describe the potential

impacts of the proposed new rail line

construction and operation on the

recreational opportunities provided in

the project area.

13. Aesthetics

The EIS will:

A. Describe the potential impacts of

the proposed new rail line construction

on any areas identified or determined to

be of high visual quality.

B. Describe the potential impacts of

the proposed new rail line construction

on any designated wilderness areas.

C. Describe the potential impacts of

the proposed new rail line construction

on any waterways considered for or

designated as wild and scenic.

14. Environmental Justice

The EIS will:

A. Describe the demographics in the

project area and the immediate vicinity

of the proposed new construction, as

possible, including communities

potentially impacted by the

construction and operation of the

proposed new rail line construction.

B. Evaluate whether new rail line

construction or operation activities

would have a disproportionately high

adverse impact on any minority or lowincome groups.

Increased Traffic on Existing DM&E

System

Analysis in the EIS will address the

potential environmental impacts

associated with the increased level of

rail traffic on DM&E’s existing rail

system due to operation of the proposed

new rail facilities. The scope of the

analysis will include the following

activities:

1. Analysis of anticipated changes in

the levels of rail traffic along the

existing DM&E system to be rebuilt, in

association with proposed new

construction projects, to facilitate coal

transportation. Those segments of rail

line that meet or exceed the Board’s

thresholds for environmental review, as

defined in 49 CFR 1105.7, will be

evaluated. In cases where the Board’s

environmental rules do not provide a

threshold, the EIS will use eight trains

per day or more as the threshold for

environmental evaluation.

Impact Categories

The EIS will address potential

impacts from the proposed increases in

trains operating over existing rail

facilities on the human environment.

Impacts areas addressed will include

the categories of air quality, noise,

energy resources, safety, transportation

systems, and environmental justice. The

EIS will include a discussion of each of

these categories as they currently exist

in the project area and address the

potential impacts from the proposed

operational impacts of the project on

each category as described below:

1. Air Quality

The EIS will:

A. Evaluate rail air emissions for

existing rail lines that exceed the

Board’s environmental thresholds in 49

CFR 1105.7(e)(5)(I), in an air quality

attainment or maintenance area as

designated under the Clean Air Act .

The thresholds anticipated to apply to

this project include:

(1) A 100 percent increase in rail

traffic on any segment of DM&E’s

existing system.

(2) An increase of eight trains per day

on any segment of rail line affected by

the proposed construction.

B. Evaluate rail air emissions for

existing rail lines, if the proposed

project affects a Class I or nonattainment area as designated under the

Clean Air Act. Thresholds for Class I

and non-attainment areas anticipated to

apply to this project are as follows:

(1) An increase in rail traffic of 50

percent or more or

(2) An increase of 3 trains per day or

more.

C. Discuss the net increase in

emissions from increased railroad

operations associated with the proposed

operations over the existing DM&E

system.

D. Discuss the potential air emissions

increases from vehicle delays at existing

rail crossings where the rail crossing is

projected to experience an increase in

rail traffic over the thresholds described

above for attainment, maintenance,

Class I, and non-attainment areas and

that have an average daily vehicle traffic

level of over 5,000. Emissions from

vehicle delays at existing rail crossings

will be factored into the emissions

estimates for the affected area.

2. Noise

The EIS will:

A. Describe potential noise impacts of

project operation on existing DM&E rail

lines that exceed the Board’s

environmental thresholds of a 100

percent or more increase in rail traffic

or an increase of 8 or more trains per

day.

B. Identify whether proposed train

operations on DM&E’s existing rail lines

will cause:

(1) An increase in noise levels of three

decibels Ldn or more; or

(2) An increase to a noise level of 65

decibels Ldn or greater. If so, an

estimate of the number of sensitive

receptors (e.g., schools, libraries,

churches, residences) within such areas

will be made based on site visits to

those areas potentially affected.

3. Energy Resources

The EIS will:

A. Describe the potential

environmental impact on transportation

of energy resources and recyclable

commodities.

B. Describe the environmental

impacts from rail operations over the

existing DM&E rail system on utilization

of the nations energy resources.

4. Safety

The EIS will:

A. Describe rail/highway grade

crossing safety factors for existing grade

crossings, as appropriate.

B. Describe the potential for increased

probability of train accidents,

derailments, and train/vehicular

accidents along the existing DM&E

system, as appropriate.

C. Describe the potential for

disruption and delays to the movement

of emergency vehicles at existing

crossings due to rail operations on the

existing DM&E system.

D. Describe the changes at existing

grade crosses implemented to increase

safety at existing grade crossings due to

increased rail operations on the DM&E

system. Such changes would include

signalization upgrades and conversion

of grade crossings to grade separated

crossings.

E. Propose mitigative measures to

minimize or eliminate potential adverse

project impacts to safety.
31832 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Notices

5. Transportation Systems

The EIS will:

A. Describe the potential effects of

project construction and operation on

the existing transportation network in

the project area including:

(1) impacts to other rail carriers’

operations and

(2) vehicular delays at new grade

crossings for those crossings having

average daily vehicle traffic of 5,000 or

more.

B. Describe the effects of the proposed

construction and subsequent operation

of the proposed project throughout

DM&E’s existing system.

By the Board, Elaine K. Kaiser, Chief,

Section of Environmental Analysis.

Vernon A. Williams,

Secretary.

[FR Doc. 98–15441 Filed 6–9–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Government Securities: Call for Large

Position Reports

AGENCY: Office of the Under Secretary

for Domestic Finance, Treasury.

ACTION: Notice.

SUMMARY: The Department of the

Treasury (‘‘Department’’ or ‘‘Treasury’’)

called for the submission of Large

Position Reports by those entities whose

reportable positions in the 51⁄2%

Treasury Notes of February 2008

equaled or exceeded $21⁄2 billion as of

close of business June 5, 1998.

DATES: Large Position Reports must be

received before noon Eastern time on

June 12, 1998.

ADDRESSES: The reports must be

submitted to the Federal Reserve Bank

of New York, Market Reports Division,

4th Floor, 33 Liberty Street, New York,

New York 10045; or faxed to 212–720–

8028.

FOR FURTHER INFORMATION CONTACT:

Kerry Lanham, Acting Director, or Lee

Grandy, Government Securities

Specialist, Bureau of the Public Debt,

Department of the Treasury, at 202–

219–3632.

SUPPLEMENTARY INFORMATION: Pursuant

to the Department’s large position rules

under the Government Securities Act

regulations (17 CFR Part 420), the

Treasury, in a press release issued on

June 8, 1998, and in this Federal

Register notice, called for Large Position

Reports from those entities whose

reportable position in the 51⁄2%

Treasury Notes of February 2008, Series

B–2008, equaled or exceeded $21⁄2

billion as of the close of business

Friday, June 5, 1998. The call for Large

Position Reports is a test. Entities whose

reportable positions in this 10-year note

equaled or exceeded the $21⁄2 billion

threshold must report these positions to

the Federal Reserve Bank of New York.

Entities with reportable positions below

$21⁄2 billion are not required to file

Large Position Reports. Large Position

Reports, which must include the

required position and administrative

information, must be received by the

Market Reports Division of the Federal

Reserve Bank of New York before noon

Eastern time on Friday, June 12, 1998.

The Reports may be filed by facsimile at

(212) 720–8028 or delivered to the Bank

at 33 Liberty Street, 4th floor.

The 51⁄2% Treasury Notes of February

2008 have a CUSIP number of 912827

3X 8, a STRIPS principal component

CUSIP number of 912820 CQ 8, and a

maturity date of February 15, 2008.

The press release and a copy of a

sample Large Position Report, which

appears in Appendix B of the rules at 17

CFR Part 420, can be obtained by calling

(202) 622–2040 and requesting

document number 2494. These

documents are also available at the

Bureau of the Public Debt’s Internet site

at the following address: http://

www.publicdebt.treas.gov.

Questions about Treasury’s large

position reporting rules should be

directed to Public Debt’s Government

Securities Regulations Staff at (202)

219–3632. Questions regarding the

method of submission of Large Position

Reports may be directed to the Market

Reports Division of the Federal Reserve

Bank of New York at (212) 720–8021.

The collection of large position

information has been approved by the

Office of Management and Budget

pursuant to the Paperwork Reduction

Act under OMB Control Number 1535–

0089.

Dated: June 5, 1998.

John D. Hawke, Jr.,

Under Secretary, Domestic Finance.

[FR Doc. 98–15550 Filed 6–8–98; 11:30 am]

BILLING CODE 4810–39–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

[PS–73–89]

Proposed Collection; Comment

Request For Regulation Project

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice and request for

comments.

SUMMARY: The Department of the

Treasury, as part of its continuing effort

to reduce paperwork and respondent

burden, invites the general public and

other Federal agencies to take this

opportunity to comment on proposed

and/or continuing information

collections, as required by the

Paperwork Reduction Act of 1995,

Public Law 104–13 (44 U.S.C.

3506(c)(2)(A)). Currently, the IRS is

soliciting comments concerning an

existing final regulation, PS–73–89 (TD

8370), Excise Tax on Chemicals That

Deplete the Ozone Layer and on

Products Containing Such Chemicals

(§§ 52.4682–1(b), 52.4682–2(b),

52.4682–2(d), 52.4682–3(c), 52.4682–

3(g), and 52.4682–4(f)).

DATES: Written comments should be

received on or before August 10, 1998

to be assured of consideration.

ADDRESSES: Direct all written comments

to Garrick R. Shear, Internal Revenue

Service, room 5571, 1111 Constitution

Avenue NW., Washington, DC 20224.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the information collection

should be directed to Carol Savage,

(202) 622–3945, Internal Revenue

Service, room 5569, 1111 Constitution

Avenue NW., Washington, DC 20224.

SUPPLEMENTARY INFORMATION:

Title: Excise Tax on Chemicals That

Deplete the Ozone Layer and on

Products Containing Such Chemicals.

OMB Number: 1545–1153.

Regulation Project Number: PS–73–

89.

Abstract: This regulation imposes

reporting and recordkeeping

requirements necessary to implement

Internal Revenue Code sections 4681

and 4682 relating to the tax on

chemicals that deplete the ozone layer

and on products containing such

chemicals. The regulation affects

manufacturers and importers of ozonedepleting chemicals, manufacturers of

rigid foam insulation, and importers of

products containing or manufactured

with ozone-depleting chemicals. In

addition, the regulation affects persons,

other than manufacturers and importers

of ozone-depleting chemicals, holding

such chemicals for sale or for use in

further manufacture on January 1, 1990,

and on subsequent tax-increase dates.

Current Actions: There is no change to

this existing regulation.

Type of Review: Extension of a

currently approved collection.

Affected Public: Business or other forprofit organizations.

Estimated Number of Respondents/

Recordkeepers: 150,316.