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 


sroberts on PROD1PC70 with NOTICES
5028 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

(1980). On April 18, 1984, in Order No. 

676A, the bankruptcy court authorized 

MSPA to purchase the 351.50-mile 

portion of the line. On April 30, 1984, 

MSPA and Kyle entered into an 

agreement and Kyle was authorized in 

Kyle Railroad Company—Notice of 

Modified Certificate of Public 

Convenience and Necessity, Finance 

Docket No. 30490 (ICC served June 4, 

1984) to acquire from MSPA and to 

operate the line. Kyle is seeking the 

Board’s authority as required by the 

agreement to acquire and operate the 

line and to remove the potential 

impediment to exercising its option to 

acquire the line. 

The proposed transaction is 

scheduled to be consummated on June 

1, 2009. 

Kyle certifies that its projected annual 

revenues as a result of the transaction 

will not result in Kyle becoming a Class 

II or Class I rail carrier. However, 

because its projected annual revenues 

will exceed $5 million, Kyle also has 

certified to the Board that it has 

complied with the employee notice 

requirements of 49 CFR 1150.42(e). 

Pursuant to that provision, the 

exemption may not become effective 

until 60 days from the January 13, 2009, 

date of the revised certification to the 

Board, which would be March 13, 2009. 

According to Kyle, there is no 

provision or agreement that may limit 

future interchange with a third-party 

connecting carrier. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

110–161, § 193, 121 Stat. 1844 (2007), 

nothing in this decision authorizes the 

following activities at any solid waste 

rail transfer facility: Collecting, storing, 

or transferring solid waste outside of its 

original shipping container; or 

separating or processing solid waste 

(including baling, crushing, compacting, 

and shredding). The term ‘‘solid waste’’ 

is defined in section 1004 of the Solid 

Waste Disposal Act, 42 U.S.C. 6903. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Stay petitions must be 

filed by March 6, 2009 (at least 7 days 

before the exemption becomes 

effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35212, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy of each 

pleading must be served on applicants’ 

representative, Louis E. Gitomer, Esq., 

Law Offices of Louis E. Gitomer, LLC, 

600 Baltimore Avenue, Suite 301, 

Towson, MD 21204. 

Board decisions and notices are 

available on our Web site at ‘‘http:// 

www.stb.dot.gov.’’ 

Decided: January 16, 2009. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–1544 Filed 1–27–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

FEDERAL RESERVE SYSTEM 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Agency Information Collection 

Activities: Submission for OMB 

Review; Joint Comment Request 

AGENCIES: Office of the Comptroller of 

the Currency (OCC), Treasury; Board of 

Governors of the Federal Reserve 

System (Board); and Federal Deposit 

Insurance Corporation (FDIC). 

ACTION: Notice of information collection 

to be submitted to OMB for review and 

approval under the Paperwork 

Reduction Act of 1995. 

SUMMARY: In accordance with the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), the OCC, the Board, and the 

FDIC (the ‘‘agencies’’) may not conduct 

or sponsor, and the respondent is not 

required to respond to, an information 

collection unless it displays a currently 

valid Office of Management and Budget 

(OMB) control number. On September 

23, 2008, the agencies, under the 

auspices of the Federal Financial 

Institutions Examination Council 

(FFIEC), requested public comment for 

60 days on a proposal to extend, with 

revision, the Consolidated Reports of 

Condition and Income (Call Report), 

which are currently approved 

collections of information. After 

considering the comments received on 

the proposal, the FFIEC and the 

agencies will move forward with the 

most of the reporting changes, with 

limited modifications in response to 

certain comments, on the phased-in 

basis that had been proposed. The 

FFIEC and the agencies are continuing 

to evaluate certain other proposed 

revisions in light of the comments 

received thereon and will not 

implement these revisions on their 

proposed effective dates. 

DATES: Comments must be submitted on 

or before February 27, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

any or all of the agencies. All comments, 

which should refer to the OMB control 

number(s), will be shared among the 

agencies. 

OCC: You should direct all written 

comments to: Communications 

Division, Office of the Comptroller of 

the Currency, Public Information Room, 

Mailstop 1–5, Attention: 1557–0081, 

250 E Street, SW., Washington, DC 

20219. In addition, comments may be 

sent by fax to (202) 874–4448, or by 

electronic mail to 

regs.comments@occ.treas.gov. For 

security reasons, the OCC requires that 

visitors make an appointment to inspect 

comments. You may do so by calling 

(202) 874–5043. Upon arrival, visitors 

will be required to present valid 

government-issued photo identification 

and submit to security screening in 

order to inspect and photocopy 

comments. 

Board: You may submit comments, 

which should refer to ‘‘Consolidated 

Reports of Condition and Income, 7100– 

0036,’’ by any of the following methods: 

• Agency Web Site: http:// 

www.federalreserve.gov. Follow the 

instructions for submitting comments 

on the http://www.federalreserve.gov/ 

generalinfo/foia/ProposedRegs.cfm. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

regs.comments@federalreserve.gov. 

Include docket number in the subject 

line of the message. 

• FAX: 202–452–3819 or 202–452– 

3102. 

• Mail: Jennifer J. Johnson, Secretary, 

Board of Governors of the Federal 

Reserve System, 20th Street and 

Constitution Avenue, NW., Washington, 

DC 20551. 

All public comments are available 

from the Board’s Web site at 

www.federalreserve.gov/generalinfo/ 

foia/ProposedRegs.cfm as submitted, 

unless modified for technical reasons. 

Accordingly, your comments will not be 

edited to remove any identifying or 

contact information. Public comments 

may also be viewed electronically or in 

paper in Room MP–500 of the Board’s 

Martin Building (20th and C Streets, 

NW.) between 9 a.m. and 5 p.m. on 

weekdays. 

FDIC: You may submit comments, 

which should refer to ‘‘Consolidated 


sroberts on PROD1PC70 with NOTICES