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53252 Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Notices

other. Material type is the predominate proposed scope of the environmental toll free at (877) 351–0853 to request type for the main span(s). review. Comments on the scope of the accommodations. EIS, including the proposed Project’s Authority: 23 U.S.C. 144(q); Sec. 1114(f), FOR FURTHER INFORMATION CONTACT: Ms. Pub. L. 109–59, 119 Stat. 1144. purpose and need, alternatives to be considered, the impacts to be evaluated, Andrea Martin, Environmental Issued on: August 24, 2012. and the methodologies to be used in the Protection Specialist, FRA, 1200 New Victor M. Mendez, evaluation are encouraged. Jersey Avenue SE., (Mail Stop 20), Federal Highway Administrator. , DC 20590 at (202) 493– [FR Doc. 2012–21537 Filed 8–30–12; 8:45 am] DATES: Written comment on the scope of 6201, email: [email protected]; or BILLING CODE 4910–22–P the Tier 1 EIS should be provided to Mr. Mohammed Alghurabi, Project Michigan DOT by October 15, 2012. A Manager, Michigan DOT, 425 West series of four (4) scoping meetings on Ottawa Street, P.O. Box 30050, Lansing, DEPARTMENT OF TRANSPORTATION September 12, 13, 26, and 27, 2012 will MI 48909 at (517) 373–7674 and toll free be hosted by Michigan DOT along the at (877) 351–0853, email: Federal Railroad Administration Corridor at the times and locations [email protected]. identified in the ADDRESSES section Tier 1 Environmental Impact Statement Information and documents regarding below. In addition, for those who cannot the Tier 1 EIS and environmental for the , IL, to Detroit-Pontiac, make these meetings, Michigan DOT MI, Regional Passenger Rail System process will be made available for the will host an online, self-directed public duration of the environmental process at AGENCY: Federal Railroad scoping meeting. The online public www.GreatLakesRail.org. Administration (FRA), U.S. Department scoping meeting will be available following the publication of this Notice SUPPLEMENTARY INFORMATION: The of Transportation (DOT). Chicago to Detroit-Pontiac Passenger ACTION: Notice of intent to prepare an at www.GreatLakesRail.org until October 15, 2012. Rail Corridor Program EIS is being environmental impact statement (EIS). developed to be consistent with the ADDRESSES: Comments may also be SUMMARY: FRA is issuing this notice of Midwest Regional Rail Initiative mailed or emailed until October 15, (MWRRI), a cooperative, multi-agency intent (Notice) to advise the public that 2012 to Mr. Mohammed Alghurabi, FRA, with the Michigan Department of effort that began in 1996 and originally Project Manager, Michigan DOT, 425 involved nine Midwest states (, Transportation (Michigan DOT), will West Ottawa Street, P.O. Box 30050, jointly prepare a Tier 1 Environmental Indiana, Iowa, Michigan, Minnesota, Lansing, MI 48909 and email: Missouri, Nebraska, Ohio, and Impact Statement (EIS) to evaluate [email protected]. If a member passenger rail service improvements Wisconsin), as well as FRA and . of the public wishes to participate in the The MWRRI elements include: use of along the Chicago, Illinois to Detroit- scoping process and cannot attend one Pontiac, Michigan regional passenger 3,000 miles of existing rail right of way of the in-person scoping meetings, and to connect rural and urban areas; rail corridor (the Corridor), in does not have access to the Internet, compliance with the National operation of a Chicago hub and spoke they can request an informational passenger rail system; introduction of Environmental Policy Act of 1969 scoping package and comment form by (NEPA). Partnering state agencies in the modern, high-speed trains operating at contacting Mr. Mohammed Alghurabi at speeds up to 110 miles per hour (mph); development of the EIS are Illinois and the above address, or directly at (517) Indiana Departments of Transportation and multi-modal connections to 373–7674 and toll free at (877) 351– improve system access. The MWRRI (IDOT and IN DOT). 0853. The objectives of the Tier 1 EIS are to envisions developing a passenger rail evaluate a reasonable range of Scoping meetings will be held on: system that offers business and leisure alternatives, select a rail corridor, and Wednesday, September 12, 4 to 7 p.m. travelers shorter travel times, additional make decisions regarding future at Chicago in the Union train frequencies, improved reliability improvements to intercity passenger rail Gallery Room (off the Great Hall), 500 and connections between urban centers service provided in the corridor, West Jackson Boulevard, Chicago, and smaller communities. The Tier 1 including increased train frequency, Illinois; Thursday, September 13, 4 to 7 EIS will evaluate alternatives for the reduced trip time, and improved on- p.m. at the Michigan City-City Hall, 100 Corridor considering the MWRRI time performance. Alternatives under East Michigan Boulevard, Michigan objective ‘‘to meet current and future consideration will include a no-action City, Indiana; Wednesday, September regional travel needs through significant (no-build) alternative, as well as 26, 4 to 7 p.m. at the Doubletree Hotel, improvements to the level and quality of multiple build alternatives between 5801 Southfield Expressway, Dearborn, passenger rail service’’ (MWRRI Chicago, Illinois and Porter, Indiana, Michigan; and Thursday, September 27, Executive Report, September 2004). near Battle Creek, Michigan, and in the 4 to 7 p.m. at the Radisson Hotel, 100 Study Area: The Corridor extends 304 Detroit, Michigan region. The build West Michigan Avenue, Kalamazoo, miles from Chicago Union Station, in alternatives may include infrastructure Michigan (parking validation will be downtown Chicago, Illinois on the west improvements to the existing rail available for attendees parking in the to a terminal in Pontiac, Michigan to the corridor, the development of a new rail structure across the street from the east. The Corridor is a federally corridor, or a combination of both. Radisson Hotel). designated high speed rail (HSR) FRA is issuing this Notice to solicit With advanced notice of seven (7) corridor with passenger service public and agency input in the days, Michigan DOT can make currently provided by Amtrak’s development of the scope of the EIS and additional accommodations for persons line. The Corridor is also one to advise the public that FRA and with disabilities, and/or limited English of the heaviest freight railroad routes in Michigan DOT will conduct outreach speaking ability, and persons needing the country. The study area identified activities for the preparation of the EIS. auxiliary aids or services of interpreters, for the Tier 1 EIS includes portions of To ensure that all significant issues are signers, readers, or large print. Please Cook County, Illinois; Lake, Porter, and identified and considered, all interested contact Mr. Bob Parsons, Michigan DOT La Porte Counties in Indiana; and parties are invited to comment on the Planning directly at (517) 373–9534 and Berrien, Cass, Kalamazoo, Calhoun,

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Jackson, Washtenaw, Wayne, and as a two-mile section of track within demonstrated by the lengthy delays for Oakland Counties in Michigan. Battle Creek, Michigan. existing passenger rail service operating Service Today: Intercity passenger rail Travel Demand: Over the last decade, within the study area, especially service on the Corridor currently there has been a demonstrated increase between Chicago, Illinois and Porter, includes three daily round trips in demand for passenger rail within the Indiana, near Battle Creek, Michigan, as between Chicago and Detroit-Pontiac Corridor. This growth in passenger rail well as in the Detroit, Michigan region. (Amtrak Wolverine Service), with an travel will be diminished if existing In addition, infrastructure additional daily round trip between issues affecting reliability and comfort improvements have been identified by Chicago and Battle Creek, Michigan are not addressed. Population growth in the MWRRI as necessary for enhanced (Amtrak Service), which the Midwest is expected to result in passenger rail service within the continues beyond the Corridor to Port increased congestion on area roadways, Corridor. This includes operational Huron, Michigan. In 2011, over 503,290 especially in the metropolitan areas. improvements at Chicago Union Station passenger trips were made between Michigan as a whole and Detroit in and upgraded track and signaling Chicago and Detroit using Amtrak’s particular have seen population shrink, between Kalamazoo and Detroit-Pontiac. Wolverine line. Currently, passenger which emphasizes the need to Station facilities along the Corridor are trains take approximately 6.5 hours to implement actions to increase the also not ideal for providing easy access travel from Chicago’s Union Station to attractiveness and competitiveness of to passenger rail. A good indicator of the Pontiac, Michigan. Existing passenger the area for new business growth and track condition is demonstrated by the trains serve stations in Chicago, Illinois; reinvestment. Other pertinent issuance of a number of slow orders by Hammond-Whiting, Indiana; Michigan demographics are projected to change Norfolk Southern including those most City, Indiana; and New Buffalo, Niles, that are likely to impact future ridership recently issued in March 2012. These Dowagiac, Battle Creek, Kalamazoo, as well. In the near future, the number slow orders are issued to decrease the Albion, Jackson, Ann Arbor, Dearborn, of people over age 65 will steadily maximum speed on sections of track Detroit, Royal Oak, Birmingham and increase as the baby boom generation where there are safety concerns. This Pontiac, Michigan. ages. This population will begin to seek affects passenger rail service alternatives to driving automobiles as When operating on the Corridor, the performance. The latest slow order this age group’s ability to safely operate existing Amtrak Wolverine Service decreased speeds to 25–30 mph in the motor vehicles decreases. Passenger rail travels over tracks that are owned by affected sections of track between can provide a needed alternative to Kalamazoo and Detroit. several different railroads. In Illinois, driving the long distances between Infrastructure investment needed to the Amtrak Wolverine Service travels Chicago and Detroit-Pontiac. MWRRI increase train speed will also allow an over Amtrak-owned track near Union studies report that long-term increase in the frequency of service. Station and then transitions to track population, employment and income Enhanced capacity of Corridor owned by Norfolk Southern until Porter, across the MWRRI states are all infrastructure would make the service Indiana. Between Porter, Indiana and projected to grow consistently through more reliable and more likely to succeed Kalamazoo, Michigan, the Amtrak year 2040. This growth is expected to in attracting ridership, increasing Wolverine Service travels over Amtrak- result in a 13 percent increase in mobility and enhancing transit oriented owned track, which is the only section intercity travel throughout the Midwest economic development opportunities of track on the Corridor (and outside the between 2010 and 2020 and a further 28 ) that allows trains to percent increase by 2040. near proposed stations. Improved travel up to 110 mph (80 of the 97 miles Trip Time: The current passenger rail intercity passenger rail service in the of this Amtrak-owned track allow this service is not competitive with other Corridor would provide a reliable maximum speed). In 2011, Michigan modes of travel. In 2011, Michigan’s alternative travel mode to avoid DOT entered into a purchase and sale Amtrak corridor had the worst on-time increasingly congested Midwest agreement with Norfolk Southern, with performance of the Amtrak system, highways and airports and substantial financial assistance from FRA, pursuant being on time only 33.1% of the time travel delays resulting from existing to which Michigan DOT will acquire the due to infrastructure and facility conditions, including peak hour 135 mile Norfolk Southern right-of-way deficiencies. Amtrak’s shortest existing highway delays, security, and related between Kalamazoo and Dearborn, service between Detroit and Chicago is delays associated with air travel, and Michigan (with certain limited estimated at 5 hours and 36 minutes. If adverse weather conditions. The need to exceptions). At the time of publication infrastructure improvements are made reduce highway congestion and delays of this Notice, that transaction had not to alleviate the congested conditions at airports, and to ease the yet closed. Once the transaction has within the corridor and conditions are transportation-related effects of further been completed, Michigan DOT will improved to allow train speeds to population growth over the long term, is own the right-of-way between increase to 110 mph along the Corridor, becoming increasingly imperative Kalamazoo and Dearborn, Michigan end-to-end Chicago to Detroit-Pontiac within the Corridor. (with certain limited exceptions), and travel time could be reduced by Environmental Review Process: FRA Norfolk Southern will operate freight approximately 2 hours. This travel time and Michigan DOT will use a tiered trains over that track pursuant to an savings would make passenger rail process, as provided for in 40 CFR easement. From Dearborn to West service more likely to succeed in 1508.28, in the completion of the Detroit Junction, Michigan, the Amtrak attracting ridership, increasing mobility environmental review of the Chicago to Wolverine Service travels primarily on and providing greater environmental Detroit-Pontiac Passenger Rail Corridor track owned and operated by Conrail benefits within the Corridor. Program. Tiering is a staged Shared Assets Operations, which is Travel Options: The lack of existing environmental review process applied jointly owned by CSX Transportation capacity and the sharing of track to environmental reviews for complex and Norfolk Southern. In addition, between freight and passenger trains projects. This process will address Canadian National Railroad owns the currently create operational problems broad corridor-level issues and Corridor track between West Detroit that restrict both mobility and economic alternatives. Subsequent phases or tiers Junction and Pontiac, Michigan, as well development. These restrictions are will analyze, at a greater level of detail,

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narrower site-specific proposals based proposed changes in passenger rail train DEPARTMENT OF TRANSPORTATION on the decisions made in the Tier 1 EIS. frequency, speed, and on-time Tier 1: The Tier 1 EIS and any performance. Surface Transportation Board subsequent environmental documents • Establishing the timing and will be developed in accordance with sequencing of independent actions to [Docket No. FD 34554 (Sub-No. 16)] Council on Environmental Quality maintain a state of good repair and to Union Pacific Railroad Company— (CEQ) regulations (40 CFR part 1500 et implement the proposed action. • Temporary Trackage Rights seq.) implementing NEPA and FRA’s Selecting a corridor route alignment Exemption; BNSF Railway Company Procedures for Considering for further study at Tier 2. Environmental Impacts (64 FR 28545; • Addressing subsequent component Pursuant to a modified written May 26, 1999). The Tier 1 assessment actions for Tier 2 NEPA documentation temporary trackage rights agreement will result in an EIS with the as described below. dated August 10, 2012, BNSF Railway appropriate level of detail for corridor- Tier 2: The second tier assessment(s) Company (BNSF) has agreed to extend level decisions and will address broad will address component projects to be the December 18, 2011 expiration date overall issues of concern, including but implemented within the of the local trackage rights granted to not limited to: corridor identified in the Tier 1 EIS, and Union Pacific Railroad Company (UP) 1 • Confirming the purpose and need will incorporate by reference the data over BNSF’s line of railroad extending for the proposed action. and evaluations included in the Tier 1 between BNSF mileposts 579.3 near • Confirming the study area EIS. Subsequent evaluations will Mill Creek, Okla., and 631.1 near Joe appropriate to assess reasonable concentrate on the issues specific to the Junction, Tex., a distance of alternatives. component of the selected alternative approximately 51 miles.2 • Identifying a comprehensive set of identified in the Tier 1 EIS, identify the The transaction is scheduled to be goals and objectives for the corridor in site-specific alternatives that meet the consummated on or after September 15, conjunction with Program stakeholders. purpose and need for each component These goals and objectives will be project, and analyze the specific 1 UP submits that the trackage rights being crafted to allow comprehensive environmental consequences and granted here are only temporary rights but, because evaluation of all aspects of the Corridor measures necessary to mitigate they are ‘‘local’’ rather than ‘‘overhead’’ rights, they necessary to achieve the goals, environmental impacts at a site-specific do not qualify for the Board’s class exemption for temporary trackage rights at 49 CFR 1180.2(d)(8). including train operations, vehicles, and level of detail. See R.R. Consolidation Procedures, 6 S.T.B. 910 infrastructure. Scoping and Public Involvement: FRA (2003). Therefore, UP concurrently has filed a • Identifying the range of reasonable encourages broad participation in the petition for partial revocation of this exemption in alternatives to be considered, consistent EIS process during scoping and Union Pacific Railroad Company—Temporary Trackage Rights Exemption—BNSF Railway with the current and planned use of the subsequent review of the resulting Company, Docket No. FD 34554 (Sub-No. 17), corridor and the existing services within environmental documents. FRA and wherein UP requests that the Board permit the and adjacent to the study area, as well Michigan DOT are inviting comments proposed local trackage rights arrangement as considering a no-action (no-build) and suggestions regarding the scope of described in the present proceeding to expire on or about December 31, 2012, as provided in the alternative. the Tier 1 EIS from all interested parties, parties’ agreement. That petition will be addressed • Developing alternative evaluation to ensure that all issues are addressed by the Board in a separate decision. criteria to identify alternatives that meet related to this proposal and that any 2 The trackage rights were originally granted in the purpose and need of the proposed significant impacts are identified. Union Pacific Railroad Company—Temporary action and those that do not. Comments or questions concerning the Trackage Rights Exemption—The Burlington • Northern and Santa Fe Railway Company, FD Identifying the general alignment(s) proposed Program and/or the Tier 1 EIS 34554 (STB served Oct. 7, 2004). Subsequently, the of the reasonable build alternatives. should be directed to Mr. Mohammed parties filed notices of exemption several times • Identifying general right-of-way Alghurabi, Michigan DOT at the above based on their agreements to extend expiration requirements for the reasonable build address. Letters that include this Notice dates of the same trackage rights. See FD 34554 (Sub-No. 2) (STB served Feb. 11, 2005); FD 34554 alternatives. and related study area will be sent to the • (Sub-No. 4) (STB served Mar. 3, 2006); FD 34554 Identifying, at a corridor planning appropriate Federal, State and local (Sub-No. 6) (STB served Jan. 12, 2007); FD 34554 level, the infrastructure and equipment agencies, Native American tribes and to (Sub-No. 8) (STB served Jan. 4, 2008); FD 34554 investment requirements for the private organizations who might have (Sub-No. 10) (STB served Jan. 8, 2009); FD 34554 (Sub-No. 12) (STB served Dec. 31, 2009); and FD reasonable build alternatives. previously expressed or who are known • 34554 (Sub-No. 14) (STB served Feb. 11, 2011). Including the consideration of the to have an interest in this proposal. Because the original and subsequent trackage rights no-build alternative which will be Michigan DOT will lead the outreach notices were filed under the class exemption at 49 studied as the baseline for comparison activities, beginning with the four (4) CFR 1180.2(d)(7), under which trackage rights with the build alternatives. The no- normally remain effective indefinitely, in each scoping meetings and the online instance the Board granted partial revocation of the build alternative represents other scoping meeting described above. Public class exemption to permit the authorized trackage transportation modes such as auto, air involvement initiatives, including rights to expire. See FD 34554 (Sub-No. 1) (STB travel, intercity bus, and existing rail public meetings, newsletters, and served Nov. 24, 2004); FD 34554 (Sub-No. 3) (STB and the physical characteristics and served Mar. 25, 2005); FD 34554 (Sub-No. 5) (STB outreach will be held throughout the served Mar. 23, 2006); FD 34554 (Sub-No. 7) (STB capacities as they exist at the time of the course of this study. Opportunities for served Mar. 13, 2007); FD 34554 (Sub-No. 9) (STB Tier 1 EIS, with planned and funded public participation will be announced served Mar. 20, 2008); FD 34554 (Sub-No. 11) (STB improvements that will be in place at through mailings, notices, served Mar. 11, 2009); FD 34554 (Sub-No. 13) (STB the time the Project becomes served Mar. 15, 2010); and FD 34554 (Sub-No. 15) advertisements, press releases and at (STB served Apr. 15, 2011). At the time of the operational. www.GreatLakesRail.org. • extension authorized in Docket No. FD 34554 (Sub- Evaluating and describing, at a No. 14), the parties anticipated that the authority to corridor planning level, the potential Corey Hill, allow the rights to expire would be exercised by environmental consequences (benefits Director, Rail Project Development and December 18, 2011. However, the parties filed on and impacts to the built and natural Delivery, Federal Railroad Administration. August 16, 2012, in Docket No. FD 34554 (Sub-No. 16) their most recent notice of exemption to allow environment) associated with the [FR Doc. 2012–21587 Filed 8–30–12; 8:45 am] the trackage rights to be extended to on or about reasonable alternative alignments and BILLING CODE 4910–06–P December 31, 2012, which we are addressing here.

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