Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 5025 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Michigan 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Decision by FHWA 

and Notice of Limitation of Claims for 

Judicial Review of Actions by FHWA 

and Other Federal Agencies. 

SUMMARY: This notice announces the 

availability of a Record of Decision by 

FHWA pursuant to the requirements of 

the National Environmental Protection 

Policy Act of 1969 (NEPA), 42 U.S.C. 

4321, as amended and the Council on 

Environmental Quality Regulations (40 

CFR Parts 1500–1508). In addition, this 

Notice announces actions taken by 

FHWA and other Federal agencies that 

are final within the meaning of 23 

U.S.C. 139(1)(1). These actions relate to 

a proposed border crossing project, 

Detroit River International Crossing 

Study in Detroit, Wayne County, 

Michigan. These actions grant approvals 

for the project. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. 771 and 23 

U.S.C. 139(1)(1). A claim seeking 

judicial review of the Federal Agency 

actions on the highway project will be 

barred unless the claim is filed on or 

before July 27, 2009 (180 days from 

January 28th). If the Federal law that 

authorizes that judicial review of a 

claim provides a time period of less 

than 180 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Williams, Environmental Program 

Manager, Federal Highway 

Administration Michigan Division, 315 

West Allegan Street, Room 201, Lansing, 

MI 48933; phone: (517) 702–1820, Fax: 

(517) 377–1804; and e-mail: 

David.Williams@FHWA.DOT.gov. Mr. 

Ryan Rizzo, Major Project Manager, 

Federal Highway Administration 

Michigan Division, 315 West Allegan 

Street, Room 201, Lansing, MI 48933; 

phone: (517) 702–1833, Fax: (517) 377– 

1844; E-mail: Ryan.Rizzo@fhwa.dot.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions by issuing approvals for the 

following border crossing project in the 

State of Michigan: Detroit River 

International Crossing Study, Wayne 

County. The Selected alternative is the 

crossing system that is composed of the 

Preferred Interchange (at I–75), Plaza 

(labeled P-a in the FEIS), and Bridge 

Crossing (labeled X–10B in the FEIS). 

The selected alternative is proposed for 

the Delray area within the City of 

Detroit, Wayne County, Michigan. The 

project lies primarily between Lafayette 

Street just north of I–75 and the Detroit 

River to the south, and West End Street 

and Clark Street (west and east limits). 

The river crossing is between Zug Island 

and historic Fort Wayne, approximately 

two miles downstream from the existing 

Ambassador Bridge. 

The actions by the Federal agencies, 

and the laws under which such action 

were taken, are described in the Final 

Environmental Impact Statement for the 

project approved on December 5, 2008, 

in the FHWA Record of Decision (ROD) 

issued on January 14, 2009, and in other 

project records. The FEIS, ROD, and 

other documents in the FHWA project 

file are available by contacting the 

FHWA or the Michigan Department of 

Transportation at the addresses 

provided above. The FHWA FEIS and 

ROD can be viewed and downloaded 

from the project Web site at: http:// 

www.michigan.gov/mdot/0,1607,7–151– 

9621_11058_36266---,00.html or viewed 

at public libraries in the project area. 

This notice applies to all Federal 

agency decisions on the listed projects 

as of the issuance date of this notice and 

all laws under which such actions were 

taken, including but not limited to: 

1. General: National Environmental 

Policy Act [42 U.S.C. 4321–4351]; 

Federal-Aid Act [23 U.S.C. 109]. 

2. Air; Clean Air Act, as amended [42 

U.S.C. 7401–7671(q)]. 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers) [23 

U.S.C. 319]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.] Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]. 

6. Social and Economics: Civil Rights 

Act of 1964 [42 U.S.C 2000(d)– 

2000(d)(1)]; American Indians Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Act [7 U.S.C. 4201–4209]; the 

Uniform Relocation Assistance and Real 

Property Acquisition Policies of 1970, as 

amended [42 U.S.C. 61]. 

7. Wetlands and Water Resources: 

Clean Water Act [33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 319); 

Coastal Zone Management Act [14 

U.S.C. 1451–1465]; Land and Water 

Conservation fund [16 U.S.C. 4601– 

4604]; Safe Drinking Water Act [42 

U.S.C. 300(f)–300(j)(6)]; Rivers and 

Harbors Act of 1899 [42 U.S.C. 401– 

406]; TEA–21 Wetland Mitigation [23 

U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood 

Disaster Protection Act [42 U.S.C. 4001– 

4128]. 

8. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation and Liability 

Act [42 U.S.C. 9501–9675]; Superfund 

Amendments and Reauthorization Act 

of 1986 [Pub. L. 99–499]; Resource, 

Conservation and Recovery Act [42 

U.S.C. 6901–6992(k)]. 

9. Executive Orders: E.O. 11990, 

Protection of Wetlands; E.O. 11988, 

Floodplains Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority and 

Low Income Populations; E.O. 11593, 

Protection and Enhancement of Cultural 

Resources; E.O. 13007, Indian Sacred 

Sites; E.O. 13112, Invasive Species; E.O. 

13274, Environmental Stewardship and 

Transportation Infrastructure Project 

Reviews. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(1)(1). 

Issued on: January 22, 2009. 

James J. Steele, 

Division Administrator, Lansing, Michigan. 

[FR Doc. E9–1789 Filed 1–27–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[USCG–2008–1239] 

Texas Offshore Port System Crude Oil 

Deepwater Port License Application 

AGENCY: Maritime Administration, U.S. 

Department of Transportation. 

ACTION: Notice of intent; notice of public 

meeting; request for comments. 

SUMMARY: The Maritime Administration 

announces that the Coast Guard, in 

coordination with the Maritime 

Administration, will prepare an 

environmental impact statement (EIS) as 

part of the environmental review of this 

license application. The application 

describes a project that would be 

located approximately 30 statute miles 

southeast of Freeport, Brazoria County, 

Texas. Publication of this notice begins 

a scoping process that will help identify 

and determine the scope of 

environmental issues to be addressed in 


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5026 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

the EIS. This notice requests public 

participation in the scoping process and 

provides information on how to 

participate. 

DATES: The public meeting in Freeport, 

TX will be held on February 18, 2009. 

The public meeting will be held from 

6:30 p.m. to 8 p.m. and will be preceded 

by an open house from 5 p.m. to 6 p.m. 

The public meeting may end later than 

the stated time, depending on the 

number of persons wishing to speak. 

The public meeting in Texas City, TX 

will be held on February 19, 2009. The 

public meeting will be held from 6:30 

p.m. to 8 p.m. and will be preceded by 

an open house from 5 p.m. to 6 p.m. The 

public meeting may end later than the 

stated time, depending on the number of 

persons wishing to speak. 

Material submitted in response to the 

request for comments on the license 

application must reach the Docket 

Management Facility by February 27, 

2009. 

ADDRESSES: The open house and public 

meeting in Freeport will be held at: The 

Freeport Intermediate School, cafeteria 

and gymnasium, respectively, 1815 W. 

4th Street, Freeport 77541. (979) 730– 

7240. 

The open house and public meeting 

in Texas City will be held at: The 

Nessler Center, Surf Room and Captain 

Room, respectively, 2010 5th Avenue 

North, Texas City, Texas 77590. (409) 

643–5990. 

The license application, comments 

and associated documentation is 

available for viewing at the Federal 

Docket Management System (FDMS) 

Web site: http://www.regulations.gov 

under docket number USCG–2008– 

1239. 

Docket submissions for USCG–2008– 

1239 should be addressed to: 

Department of Transportation, Docket 

Management Facility, West Building, 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001 

The Docket Management Facility 

accepts hand-delivered submissions, 

and makes docket contents available for 

public inspection and copying at this 

address between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Facility telephone 

number is 202–366–9329, the fax 

number is 202–493–2251, and the Web 

site for electronic submissions or for 

electronic access to docket contents is 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ray 

Martin, U.S. Coast Guard, telephone: 

202–372–1449, e-mail: 

raymond.w.martin@uscg.mil, or Linden 

Houston, Maritime Administration, 

telephone: 202–366–4839, e-mail: 

Linden.Houston@dot.gov. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–493– 

0402. 

SUPPLEMENTARY INFORMATION: 

Public Meeting and Open House 

We invite you to learn about the 

proposed deepwater port at an 

informational open house, and to 

comment at a public meeting on 

environmental issues related to the 

proposed deepwater port. Your 

comments will help us identify and 

refine the scope of the environmental 

issues to be addressed in the EIS. 

In order to allow everyone a chance 

to speak at the public meeting, we may 

limit speaker time, or extend the 

meeting hours, or both. You must 

identify yourself, and any organization 

you represent, by name. Your remarks 

will be recorded or transcribed for 

inclusion in the public docket. 

You may submit written material at 

the public meeting, either in place of or 

in addition to speaking. Written 

material must include your name and 

address, and will be included in the 

public docket. 

Public docket materials will be made 

available to the public on the Federal 

Docket Management Facility (see 

Request for Comments). 

Our public meeting location is 

wheelchair-accessible. If you plan to 

attend the open house or public 

meeting, and need special assistance 

such as sign language interpretation or 

other reasonable accommodation, please 

notify the Coast Guard (see FOR FURTHER

INFORMATION CONTACT) at least 3 

business days in advance. Include your 

contact information as well as 

information about your specific needs. 

Request for Comments 

We request public comments or other 

relevant information on environmental 

issues related to the proposed 

deepwater port. The public meeting is 

not the only opportunity you have to 

comment. In addition to or in place of 

attending a meeting, you can submit 

comments to the Docket Management 

Facility during the public comment 

period (see DATES). We will consider all 

comments and material received during 

the comment period. 

Submissions should include: 

• Docket number USCG–2008–1239. 

• Your name and address. 

Submit comments or material using 

only one of the following methods: 

• Electronic submission to FDMS, 

http://www.regulations.gov. 

• Fax, mail, or hand delivery to the 

Docket Management Facility (see 

ADDRESSES). Faxed or hand delivered 

submissions must be unbound, no larger 

than 81⁄2 by 11 inches, and suitable for 

copying and electronic scanning. If you 

mail your submission and want to know 

when it reaches the Facility, include a 

stamped, self-addressed postcard or 

envelope. Regardless of the method 

used for submitting comments or 

material, all submissions will be posted, 

without change, to the FDMS Web site 

(http://www.regulations.gov), and will 

include any personal information you 

provide. Therefore, submitting this 

information makes it public. You may 

wish to read the Privacy and Use Notice 

that is available on the FDMS Web site, 

and the Department of Transportation 

Privacy Act Notice that appeared in the 

Federal Register on April 11, 2000 (65 

FR 19477), see PRIVACY ACT. You may 

view docket submissions at the 

Department of Transportation Docket 

Management Facility or electronically 

on the FDMS Web site (see 

ADDRESSES). 

Background 

Information about deepwater ports, 

the statutes, and regulations governing 

their licensing, and the receipt of the 

current application for the proposed 

Texas Offshore Port System crude oil 

deepwater port appears in the Federal 

Register on January 9, 2009 (74 FR 984). 

The ‘‘Summary of the Application’’ 

from that publication is reprinted below 

for your convenience. 

Consideration of a deepwater port 

license application includes review of 

the proposed deepwater port’s natural 

and human environmental impacts. The 

Coast Guard is the lead agency for 

determining the scope of this review, 

and in this case the Coast Guard has 

determined that review must include 

preparation of an EIS. This notice of 

intent is required by 40 CFR 1501.7, and 

briefly describes the proposed action 

and possible alternatives and our 

proposed scoping process. You can 

address any questions about the 

proposed action, the scoping process, or 

the EIS to the Coast Guard project 

manager identified in FOR FURTHER

INFORMATION CONTACT. 

Proposed Action and Alternatives 

The proposed action requiring 

environmental review is the Federal 

licensing of the proposed deepwater 

port described in ‘‘Summary of the 

Application’’ below. The alternatives to 

licensing the proposed port are: (1) 

licensing with conditions (including 

conditions designed to mitigate 

environmental impact), and (2) denying 


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Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 5027 

the application, which for purposes of 

environmental review is the ‘‘no-action’’ 

alternative. 

Scoping Process 

Public scoping is an early and open 

process for identifying and determining 

the scope of issues to be addressed in 

the EIS. Scoping begins with this notice, 

continues through the public comment 

period (see DATES), and ends when the 

Coast Guard has completed the 

following actions: 

• Invites the participation of Federal, 

State, and local agencies, any affected 

Indian tribe, the applicant, and other 

interested persons; 

• Determines the actions, alternatives, 

and impacts described in 40 CFR 

1508.25; 

• Identifies and eliminates, from 

detailed study, those issues that are not 

significant or that have been covered 

elsewhere; 

• Allocates responsibility for 

preparing EIS components; 

• Indicates any related environmental 

assessments or environmental impact 

statements that are not part of the EIS; 

• Identifies other relevant 

environmental review and consultation 

requirements; 

• Indicates the relationship between 

timing of the environmental review and 

other aspects of the application process; 

and 

• At its discretion, exercises the 

options provided in 40 CFR 1501.7(b). 

Once the scoping process is complete, 

the Coast Guard will prepare a draft EIS, 

and we will publish a Federal Register 

notice announcing its public 

availability. (If you want that notice to 

be sent to you, please contact the Coast 

Guard project manager identified in FOR

FURTHER INFORMATION CONTACT.) You 

will have an opportunity to review and 

comment on the draft EIS. The Coast 

Guard will consider those comments 

and then prepare the final EIS. As with 

the draft EIS, we will announce the 

availability of the final EIS and once 

again give you an opportunity for 

review and comment. 

Summary of the Application 

Texas Offshore Port System, a general 

partnership consisting of Oiltanking 

Freeport, L.P., TEPPCO O/S Port 

System, LLC and Enterprise Offshore 

Port System, LLC, proposes to own, 

construct, and operate a deepwater port 

(DWP), named Texas Offshore Port 

System (TOPS), in the Federal waters of 

the Outer Continental Shelf in Minerals 

Management Service (MMS) lease block 

Galveston Area A56 (GA 56), 

approximately 30 statute miles 

southeast of Freeport, Texas, in a water 

depth of approximately 120 feet. The 

proposed DWP will serve as an offshore 

crude oil receiving terminal and 

transmission facility. An average of 

1,700,000 barrels of oil per day will be 

offloaded at the terminal and will be 

delivered via a new pipeline that will 

terminate at a crude oil storage terminal 

located in Texas City, Texas. Two Single 

Point Mooring (SPM) Buoys will be 

installed to offload crude oil from crude 

oil tankers. A third SPM may be added 

in the future. Dual 42-inch outside 

diameter (OD), 4,000-ft (1,219-m) long 

offloading pipelines will carry the crude 

oil to a new Metering and Pumping 

Platform. At the platform the crude oil 

will be increased in pressure to 1,950 

pounds per square inch gauge discharge 

pressure to achieve a flow rate of up to 

100,000 barrels per hour into the 

departing Offshore Pipeline. A Quarters 

and Control Platform will be connected 

by a bridge to the Metering and 

Pumping Platform. A new 8 and 5/8- 

inch OD fuel gas pipeline that will be 

approximately 36 miles long (58 km) 

will supply natural gas to the Metering 

and Pumping Platform. It will originate 

from an existing platform in MMS lease 

block Brazos Area BR 538 (BR 538). The 

new Offshore Pipeline will be a 42-inch 

OD pipeline and approximately 34.86 

miles long. It will transport the crude oil 

to a new valve station located in 

Freeport, Texas. From the valve station 

a new 48-mile, 42-inch OD Onshore 

Pipeline will transfer the crude oil to a 

new crude oil storage terminal in Texas 

City, Texas. A new intermediate 

Onshore Pump Station will be located 

along the Onshore Pipeline to boost the 

pressure of the crude oil. The new crude 

oil storage terminal, the Texas City 

Crude Terminal, will consist of seven 

tanks, six with a storage capacity of 

600,000 barrels and one with a storage 

capacity of 300,000 barrels. 

Pipelines and structures such as the 

moorings may require permits under 

Section 404 of the Clean Water Act and 

Section 10 of the Rivers and Harbors Act 

which are administered by the U.S. 

Army Corps of Engineers (USACE). 

TOPS will also require permits from the 

Environmental Protection Agency (EPA) 

pursuant to the provisions of the Clean 

Air Act, as amended, and the Clean 

Water Act, as amended. The new 

pipeline will be included in the 

National Environmental Policy Act 

(NEPA) review as part of the deepwater 

port application process. EPA and the 

USACE, among others, are cooperating 

agencies and will assist in the NEPA 

process as described in 40 CFR 1501.6; 

may participate in scoping meetings; 

and will incorporate the environmental 

impact statement (EIS) into their 

permitting processes. Comments sent to 

EPA or USACE will also be incorporated 

into the DOT docket and EIS to ensure 

consistency with the NEPA process. 

Should a license be issued, TOPS 

anticipates being able to offload and 

transport crude oil in November 2010. 

The deepwater port would be designed, 

constructed and operated in accordance 

with applicable codes and standards. 

Privacy Act 

The electronic form of all comments 

received into the Federal Docket 

Management System can be searched by 

the name of the individual submitting 

the comment (or signing the comment, 

if submitted on behalf of an association, 

business, labor union, etc.). The DOT 

Privacy Act Statement can be viewed in 

the Federal Register published on April 

11, 2000 (Volume 65, Number 70, pages 

19477–78) or you may visit http:// 

www.regulations.gov. 

(Authority 49 CFR 1.66) 

Dated: January 16, 2009. 

By Order of the Maritime Administrator. 

Leonard Sutter, 

Secretary, Maritime Administration. 

[FR Doc. E9–1514 Filed 1–27–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35212] 

Kyle Railroad Company—Acquisition 

and Operation Exemption—Mid-States 

Port Authority 

Kyle Railroad Company (Kyle), a 

Class III rail carrier, has filed a verified 

notice of exemption under 49 CFR 

1150.41 to acquire from Mid-States Port 

Authority (MSPA), a noncarrier, and to 

operate a 351.50-mile line of railroad 

extending between: (a) Milepost 531.00 

at Limon, CO, and milepost 189.40 at 

Belleville, KS; (b) milepost 189.40 at 

Belleville, KS, and milepost 182.00 at 

Munden, KS; and (c) milepost 226.25 at 

Belleville and milepost 223.75, east of 

Belleville, in Lincoln and Kit Carson 

Counties, CO, and Sherman, Thomas, 

Sheridan, Decatur, Norton, Phillips, 

Smith, Jewell, and Republic Counties, 

KS. 

As part of the Chicago, Rock Island 

and Pacific Railroad Company (Rock 

Island) bankruptcy proceeding, the Rock 

Island was authorized by the Interstate 

Commerce Commission (ICC) to 

abandon its entire rail system with 

certain conditions. See Chicago, R. I. & 

R. P. Co. Abandonment, 363 I.C.C. 150 


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