80_FR_18561 80 FR 18496 - Limitation on Claims Against Proposed Public Transportation Projects

80 FR 18496 - Limitation on Claims Against Proposed Public Transportation Projects

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 80, Issue 65 (April 6, 2015)

Page Range18496-18497
FR Document2015-07812

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in the Cities of San Bernardino and Redlands, CA, and the Cities of Santa Ana and Garden Grove, CA. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.

Federal Register, Volume 80 Issue 65 (Monday, April 6, 2015)
[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Notices]
[Pages 18496-18497]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07812]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Limitation on Claims Against Proposed Public Transportation 
Projects

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) for projects in the Cities of San 
Bernardino and Redlands, CA, and the Cities of Santa Ana and Garden 
Grove, CA. The purpose of this notice is to announce publicly the 
environmental decisions by FTA on the subject projects and to activate 
the limitation on any claims that may challenge these final 
environmental actions.

DATES: By this notice, FTA is advising the public of final agency 
actions subject to Section 139(l) of Title 23, United States Code 
(U.S.C.). A claim seeking judicial review of FTA actions announced 
herein for the listed public

[[Page 18497]]

transportation projects will be barred unless the claim is filed on or 
before September 3, 2015.

FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief 
Counsel, Office of Chief Counsel, (312) 353-2577 or Terence Plaskon, 
Environmental Protection Specialist, Office of Environmental Programs, 
(202) 366-0442. FTA is located at 1200 New Jersey Avenue SE., 
Washington, DC 20590. Office hours are from 9:00 a.m. to 5:30 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FTA has taken 
final agency actions by issuing certain approvals for the public 
transportation projects listed below. The actions on the projects, as 
well as the laws under which such actions were taken, are described in 
the documentation issued in connection with the projects to comply with 
the National Environmental Policy Act (NEPA) and in other documents in 
the FTA administrative record for the projects. Interested parties may 
contact either the project sponsor or the relevant FTA Regional Office 
for more information on each project. Contact information for FTA's 
Regional Offices may be found at http://www.fta.dot.gov.
    This notice applies to all FTA 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, NEPA [42 U.S.C. 
4321-4375], Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303], Section 106 of the National Historic Preservation 
Act [16 U.S.C. 470f], and the Clean Air Act [42 U.S.C. 7401-7671q]. 
This notice does not, however, alter or extend the limitation period 
for challenges of project decisions subject to previous notices 
published in the Federal Register. The projects and actions that are 
the subject of this notice are:
    1. Project name and location: Redlands Passenger Rail Project, 
Cities of San Bernardino and Redlands, CA. Project sponsor: San 
Bernardino Association of Governments (SANBAG). Project description: 
The proposed project would create new passenger rail operations along 
an approximately nine-mile corridor from the E Street Station and San 
Bernardino Transit Center in Downtown San Bernardino to the University 
of Redlands, east of Downtown Redlands. Final agency actions: Section 
4(f) determination; Section 106 finding of no adverse effect; project-
level air quality conformity; and Final Environmental Impact Statement/
Environmental Impact Report/Record of Decision, dated February 17, 
2015.
    2. Project name and location: Santa Ana-Garden Grove Fixed Guideway 
Project, Cities of Santa Ana and Garden Grove, CA. Project sponsor: 
City of Santa Ana, in coordination with the Orange County 
Transportation Authority and City of Garden Grove. Project description: 
The proposed project is an approximately 4.2-mile new streetcar system 
in Orange County running between the Santa Ana Regional Transportation 
Center (SARTC) in the City of Santa Ana and a new multimodal center at 
Harbor Boulevard/Westminster Avenue in the City of Garden Grove. The 
system includes 24 stations, an overhead contact system and series of 
traction power substations, and a new operations and maintenance 
facility near SARTC. Final agency actions: Section 4(f) de minimis 
impact determination; Section 106 finding of no adverse effect; 
project-level air quality conformity; and Finding of No Significant 
Impact, dated March 10, 2015. Supporting documentation: Revised 
Environmental Assessment/Final Environmental Impact Report, dated 
January 2015.

    Issued on: March 31, 2015.
Lucy Garliauskas,
Associate Administrator Planning and Environment.
[FR Doc. 2015-07812 Filed 4-3-15; 8:45 am]
BILLING CODE 4910-57-P



                                              18496                           Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices

                                              Building 6th Floor, 1200 New Jersey                     mandate. The Agency has conducted                     is reasonably likely to result if normal
                                              Avenue SE., Washington, DC 20590.                       two public listening sessions in                      clearance processes are followed
                                              Telephone: 202–366–4325; email                          conjunction with industry trade shows                 resulting from the operation of trucks
                                              buz.schultz@dot.gov.                                    and engaged its Motor Carrier Safety                  and motor coaches by individuals
                                              SUPPLEMENTARY INFORMATION:                              Advisory Committee to provide                         lacking appropriate driver training that
                                                Title: Report by SDLAs on the Annual                  recommendations to support the                        would be required by this rulemaking
                                              Number of Entry-Level CDL Applicants                    rulemaking. FMCSA learned that there                  (44 U.S.C. 3507(j)(1)(B)(i), 5 CFR
                                              and Related Data.                                       is not agreement among stakeholders                   1320.13(a)(2)(i)). In addition, use of the
                                                OMB Control Number: 2126–00XX.                        about how to satisfy the statutory                    normal clearance process is reasonably
                                                Type of Request: New information                      mandate.                                              likely to cause a ‘‘court-ordered
                                              collection.                                                Next, FMCSA commissioned a neutral                 deadline to be missed’’ (44 U.S.C.
                                                Respondents: State Driver Licensing                   convener to analyze the feasibility of                3507(j)(1)(B)(iii), 5 CFR
                                              Agencies (SDLAs).                                       conducting a negotiated rulemaking                    1320.13(a)(2)(iii)). This ICR is narrowly
                                                Estimated Number of Respondents: 51                   (Reg Neg) to develop the regulations (5               focused and practical steps have been
                                              respondents (a report from the SDLA of                  U.S.C. 581–590). Based upon the                       taken to obtain this information in the
                                              each State and the District of Columbia).               convener’s recommendation, FMCSA,                     past, as described in this notice above
                                                Estimated Number of Responses: 51                     on December 10, 2014, published notice                to minimize its burden on the SDLAs it
                                              responses.                                              of its intent to establish an Entry-Level             would apply to (5 CFR 1320.13(c)).
                                                Estimated Time per Response: 19                       Driver Training Advisory Committee                       You are asked to comment on any
                                              hours and 30 minutes.                                   (ELDTAC) to negotiate proposed                        aspect of this information collection,
                                                Form Number: MCSA–5894, ‘‘Request                     regulations to implement section 32304.               including:
                                              for Data to State Driver Licensing                      On February 12, 2015, the Agency                         (1) Whether the proposed collection is
                                              Agencies’’                                              published notice of the first meeting of              necessary for the performance of
                                                Expiration Date: N/A. This is a new                   the ELDTAC, which was held on                         FMCSA’s functions; (2) the accuracy of
                                              information collection.                                 February 26–27, 2015 (80 FR 7814). The                the estimated burden; (3) ways for
                                                Frequency of Response: One-time.                      FMCSA is currently engaged in regular                 FMCSA to enhance the quality,
                                                Estimated Total Annual Burden: 995                    negotiations with the ELDTAC expected                 usefulness, and clarity of the collected
                                              hours (51 respondents × 19 hours and                    to go through May 2015 with a target                  information; and (4) ways that the
                                              30 minutes per respondent, rounded).                    date for publication of an NPRM of                    burden could be minimized without
                                              Background                                              October 15, 2015 (Id. at 7815).                       reducing the quality of the collected
                                                                                                         Despite these efforts and the urgent               information.
                                                 On July 6, 2012, the President signed                nature and schedule of the negotiations,
                                              legislation titled ‘‘Moving Ahead for                   FMCSA lacks certain data that is crucial                Issued under the authority of 49 CFR 1.87
                                              Progress in the 21st Century Act (MAP–                                                                        on March 31, 2015.
                                                                                                      to its efforts to satisfy the MAP–21
                                              21).’’ Section 32304 of MAP–21 (49                      mandate—for example, the number of                    G. Kelly Regal,
                                              U.S.C. 31305(c)) provides that the                      individuals who would require entry-                  Associate Administrator for Office of
                                              Secretary of Transportation must issue                  level CDL driver training annually.                   Research and Information Technology.
                                              final regulations establishing minimum                  Given that this rulemaking will likely be             [FR Doc. 2015–07808 Filed 4–3–15; 8:45 am]
                                              entry-level training requirements for                   considered ‘‘significant’’ within the                 BILLING CODE 4910–EX–P
                                              individuals before obtaining a CDL for                  meaning of E. O. 12988, obtaining this
                                              the first time or prior to upgrading from               data is crucial to developing an NPRM
                                              one class of CDL to another. The Agency                 and the required cost-benefit analysis.               DEPARTMENT OF TRANSPORTATION
                                              is required to develop instruction and                  The data, combined with other data in
                                              behind-the-wheel training that will be                                                                        Federal Transit Administration
                                                                                                      the Agency’s possession, will also be
                                              effective in providing entry-level CDL                  central to the ability of ELDTAC to build             Limitation on Claims Against Proposed
                                              drivers the knowledge and skills they                   consensus among the various                           Public Transportation Projects
                                              need to operate a commercial motor                      stakeholders.
                                              vehicle safely.                                            The only known source of the number                AGENCY: Federal Transit Administration
                                                 On September 18, 2014, Advocates for                 of individuals who obtain their first and             (FTA), DOT.
                                              Highway and Auto Safety, the                            upgraded CDL each year is the 50 States               ACTION: Notice.
                                              International Brotherhood of Teamsters,                 and the District of Columbia. The only
                                              and Citizens for Reliable and Safe                      way the Agency can obtain this                        SUMMARY:   This notice announces final
                                              Highways sued FMCSA and DOT in the                      information is by asking the SDLAs to                 environmental actions taken by the
                                              United States Court of Appeals for the                  report it to FMCSA.                                   Federal Transit Administration (FTA)
                                              District of Columbia Circuit (Case no.                                                                        for projects in the Cities of San
                                              14–1183). The plaintiffs petitioned for                 Public Comments Invited                               Bernardino and Redlands, CA, and the
                                              an order of mandamus compelling DOT                        The Agency requests emergency                      Cities of Santa Ana and Garden Grove,
                                              to publish a final rule on entry-level                  processing of this information request                CA. The purpose of this notice is to
                                              driver training within 180 days. While                  valid for 180 days (44 U.S.C. 3507(j)(2))             announce publicly the environmental
                                              as of this date the court has not ruled                 based on its determination as required                decisions by FTA on the subject projects
                                              on the petition, the court could order                  under the Paperwork Reduction Act and                 and to activate the limitation on any
                                              that a notice of proposed rulemaking                    its implementing regulations as follows:              claims that may challenge these final
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                                              (NPRM) and final rule be drafted                        The information collection is                         environmental actions.
                                              according to a highly expedited                         ‘‘essential’’ to FMCSA’s safety mission:              DATES: By this notice, FTA is advising
                                              schedule. Obtaining this data would                     to reduce crashes, injuries, and fatalities           the public of final agency actions
                                              help address this urgent legal issue in a               involving large trucks and buses (44                  subject to Section 139(l) of Title 23,
                                              timely manner.                                          U.S.C. 3507(j)(1)(A)(ii), 5 CFR                       United States Code (U.S.C.). A claim
                                                 FMCSA has taken numerous steps                       1320.13(a)(1)(ii)). Expedited review is               seeking judicial review of FTA actions
                                              toward satisfying the section 32304                     necessary to minimize public harm that                announced herein for the listed public


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                                                                              Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                            18497

                                              transportation projects will be barred                  Environmental Impact Report/Record of                    Innovative Safety, Resiliency, and All-
                                              unless the claim is filed on or before                  Decision, dated February 17, 2015.                    Hazard Emergency Response and
                                              September 3, 2015.                                        2. Project name and location: Santa                 Recovery Program: The U.S. Department
                                              FOR FURTHER INFORMATION CONTACT:                        Ana-Garden Grove Fixed Guideway                       of Transportation’s (DOT) Federal
                                              Nancy-Ellen Zusman, Assistant Chief                     Project, Cities of Santa Ana and Garden               Transit Administration (FTA)
                                              Counsel, Office of Chief Counsel, (312)                 Grove, CA. Project sponsor: City of                   announces the selection of Innovative
                                              353–2577 or Terence Plaskon,                            Santa Ana, in coordination with the                   Safety, Resiliency, and All-Hazard
                                              Environmental Protection Specialist,                    Orange County Transportation                          Emergency Response and Recovery
                                              Office of Environmental Programs, (202)                 Authority and City of Garden Grove.                   Program (SRER) Program projects (see
                                              366–0442. FTA is located at 1200 New                    Project description: The proposed                     Table 1) with Fiscal Year (FY) 2012 and
                                              Jersey Avenue SE., Washington, DC                       project is an approximately 4.2-mile                  FY 2013 appropriations for FTA’s
                                              20590. Office hours are from 9:00 a.m.                  new streetcar system in Orange County                 Research, Development, Demonstration
                                              to 5:30 p.m., Monday through Friday,                    running between the Santa Ana                         and Deployment Program. The
                                              except Federal holidays.                                Regional Transportation Center                        Consolidated and Further Continuing
                                                                                                      (SARTC) in the City of Santa Ana and                  Appropriations Act, 2012, Public Law
                                              SUPPLEMENTARY INFORMATION:      Notice is               a new multimodal center at Harbor                     112–55 made $25,000,000 available to
                                              hereby given that FTA has taken final                   Boulevard/Westminster Avenue in the                   carry out innovative research and
                                              agency actions by issuing certain                       City of Garden Grove. The system                      demonstrations of national significance
                                              approvals for the public transportation                 includes 24 stations, an overhead                     under 49 U.S.C. 5312. Of that amount,
                                              projects listed below. The actions on the               contact system and series of traction                 $20,800,000 was made available for
                                              projects, as well as the laws under                     power substations, and a new                          innovative safety, resiliency, and all-
                                              which such actions were taken, are                      operations and maintenance facility                   hazards emergency response and
                                              described in the documentation issued                   near SARTC. Final agency actions:                     recovery demonstration projects of
                                              in connection with the projects to                      Section 4(f) de minimis impact                        national significance. An additional
                                              comply with the National                                determination; Section 106 finding of no              $8,200,000 in Section 5312 FY 2013
                                              Environmental Policy Act (NEPA) and                     adverse effect; project-level air quality             Research funds was made available for
                                              in other documents in the FTA                           conformity; and Finding of No                         the same purpose for a combined
                                              administrative record for the projects.                 Significant Impact, dated March 10,                   amount of $29,000,000 in funds was
                                              Interested parties may contact either the               2015. Supporting documentation:                       made available from Fiscal Years 2012
                                              project sponsor or the relevant FTA                     Revised Environmental Assessment/                     and 2013. On October 1, 2013, FTA
                                              Regional Office for more information on                 Final Environmental Impact Report,                    published a Notice of Funding
                                              each project. Contact information for                   dated January 2015.                                   Availability (NOFA) (78 FR 60369)
                                              FTA’s Regional Offices may be found at                                                                        announcing the availability of funding
                                              http://www.fta.dot.gov.                                   Issued on: March 31, 2015.
                                                                                                                                                            for SRER. These competitive research
                                                                                                      Lucy Garliauskas,
                                                 This notice applies to all FTA                                                                             program funds will strengthen
                                              decisions on the listed projects as of the              Associate Administrator Planning and                  operational safety of public
                                                                                                      Environment.
                                              issuance date of this notice and all laws                                                                     transportation, help transit systems
                                              under which such actions were taken,                    [FR Doc. 2015–07812 Filed 4–3–15; 8:45 am]            better withstand natural disasters and
                                              including, but not limited to, NEPA [42                 BILLING CODE 4910–57–P                                other emergencies, and improve
                                              U.S.C. 4321–4375], Section 4(f) of the                                                                        emergency response capabilities.
                                              Department of Transportation Act of                                                                              Low or No Emission Vehicle
                                              1966 [49 U.S.C. 303], Section 106 of the                DEPARTMENT OF TRANSPORTATION
                                                                                                                                                            Deployment Program: The U.S.
                                              National Historic Preservation Act [16                  Federal Transit Administration                        Department of Transportation’s (DOT)
                                              U.S.C. 470f], and the Clean Air Act [42                                                                       Federal Transit Administration (FTA)
                                              U.S.C. 7401–7671q]. This notice does                    Fiscal Years 2012 and 2013 Innovative                 announces the selection of Low or No
                                              not, however, alter or extend the                       Safety, Resiliency, and All-Hazard                    Emissions Vehicle Deployment Program
                                              limitation period for challenges of                     Emergency; Response and Recovery                      (LONO) projects (see Table 2) with
                                              project decisions subject to previous                   Program Project Selections; Fiscal                    Fiscal Year (FY) 2013 and FY 2014
                                              notices published in the Federal                        Years 2013 and 2014 Low or No                         appropriations for deployment of low or
                                              Register. The projects and actions that                 Emission Vehicle Deployment Program                   no emission transit buses. The Moving
                                              are the subject of this notice are:                     Project Selections; Fiscal Year 2012                  Ahead for Progress in the 21st Century
                                                 1. Project name and location:                        Bus Efficiency Enhancements                           Act (MAP–21), Public Law 112–141,
                                              Redlands Passenger Rail Project, Cities                 Research and Demonstrations                           July 6, 2012, amended 49 U.S.C. 5312 to
                                              of San Bernardino and Redlands, CA.                     Program Project Selections                            add a new paragraph (d)(5) authorizing
                                              Project sponsor: San Bernardino                                                                               FTA to make grants to finance eligible
                                              Association of Governments (SANBAG).                    AGENCY:    Federal Transit Administration,            projects under the LONO Program. The
                                              Project description: The proposed                       DOT.                                                  Consolidated and Further Continuing
                                              project would create new passenger rail                 ACTION:Announcement of Research                       Appropriations Act, 2013, (also referred
                                              operations along an approximately nine-                 Program Project Selections.                           to as the Full Year Continuing
                                              mile corridor from the E Street Station                                                                       Appropriations Act, 2013) Public Law
                                              and San Bernardino Transit Center in                    SUMMARY:   The U.S. Department of                     113–6, March 26, 2013, made available
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                                              Downtown San Bernardino to the                          Transportation’s Federal Transit                      $24,900,000 in FY 2013 (after
                                              University of Redlands, east of                         Administration announces the selection                sequestration) funds to carry out the
                                              Downtown Redlands. Final agency                         of research projects funded in support of             LONO Program. Of that amount,
                                              actions: Section 4(f) determination;                    three Notice of Funding Availability, as              $21,600,000 was made available for
                                              Section 106 finding of no adverse effect;               authorized under the Moving Ahead for                 transit buses and $3,300,000 was made
                                              project-level air quality conformity; and               Progress in the 21st Century, and prior               available for supporting facilities and
                                              Final Environmental Impact Statement/                   legislation.                                          related equipment. The Consolidated


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Document Created: 2015-12-18 11:18:23
Document Modified: 2015-12-18 11:18:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesBy this notice, FTA is advising the public of final agency actions subject to Section 139(l) of Title 23, United States Code (U.S.C.). A claim seeking judicial review of FTA actions announced herein for the listed public transportation projects will be barred unless the claim is filed on or before September 3, 2015.
ContactNancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, (312) 353-2577 or Terence Plaskon, Environmental Protection Specialist, Office of Environmental Programs, (202) 366-0442. FTA is located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 9:00 a.m. to 5:30 p.m., Monday through Friday, except Federal holidays.
FR Citation80 FR 18496 

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