80_FR_52527 80 FR 52360 - Limitation on Claims Against Proposed Public Transportation Projects

80 FR 52360 - Limitation on Claims Against Proposed Public Transportation Projects

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 80, Issue 167 (August 28, 2015)

Page Range52360-52361
FR Document2015-21285

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in the Cities of Seattle, Shoreline, Mountlake Terrace, and Lynnwood, WA; New Orleans, LA; Tacoma, WA; and Fort Lauderdale, FL. 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 167 (Friday, August 28, 2015)
[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Notices]
[Pages 52360-52361]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21285]


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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 
Seattle, Shoreline, Mountlake Terrace, and Lynnwood, WA; New Orleans, 
LA; Tacoma, WA; and Fort Lauderdale, FL. 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 transportation projects will be barred 
unless the claim is filed on or before January 25, 2016.

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

[[Page 52361]]

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: Lynnwood Link Extension, Cities of 
Seattle, Shoreline, Mountlake Terrace, and Lynnwood, WA. Project 
sponsor: Central Puget Sound Regional Transit Authority (Sound 
Transit). Project description: The proposed project would extend the 
Sound Transit Link light rail system from Northgate in Seattle north 
into Shoreline, Mountlake Terrace, and Lynnwood in Snohomish County. 
The 8.5-mile project corridor would generally follow Interstate 5. 
Project components include traction power substations along the project 
alignment, new noise walls and relocation of existing noise walls, 
relocation of underground and overhead utilities, crossover tracks, 
stormwater management facilities, park-and-ride facilities, and 
intersection, street, and sidewalk improvements. Final agency actions: 
Section 4(f) de minimis impact determination; Section 106 finding of no 
adverse effect; project-level air quality conformity; and Record of 
Decision, dated July 10, 2015. Supporting documentation: Final 
Environmental Impact Statement, dated April 3, 2015.
    2. Project name and location: Cemeteries Transit Center Project, 
New Orleans, LA. Project sponsor: Regional Transit Authority. Project 
description: The proposed project would extend the Canal Streetcar Line 
from its present terminus at the end of Canal Street to the existing 
Cemeteries Transit Center located on Canal Boulevard. In addition, the 
project would move the existing Canal Streetcar Cemeteries stop at the 
intersection of Canal Street and City Park Avenue to the Cemeteries 
Transit Center at Canal Boulevard north of City Park Avenue. Final 
agency actions: Section 4(f) de minimis impact determination; a Section 
106 Memorandum of Agreement, dated June 16, 2015; and Finding of No 
Significant Impact, dated July 15, 2015. Supporting documentation: 
Environmental Assessment, dated February 2015.
    3. Project name and location: Tacoma Link Expansion, Tacoma, WA. 
Project sponsor: Central Puget Sound Regional Transit Authority (Sound 
Transit). Project description: The proposed project would extend the 
existing Tacoma Link system an additional 2.4 miles, connecting 
Tacoma's Central Business District to the Stadium and Hilltop Business 
Districts and to Tacoma's ``medical mile,'' which includes major 
hospitals and medical centers. The project includes six new stations, 
the relocation of one station, and expanding the existing operations 
and maintenance facility (OMF) on a property adjacent to the existing 
OMF. Final agency actions: No use determination of Section 4(f) 
resources; a Section 106 Programmatic Agreement, dated June 15, 2015; 
project-level air quality conformity; and determination of categorical 
exclusion. Supporting documentation: Documented categorical exclusion 
pursuant to 23 CFR 771.118(d), dated June 2015.
    4. Project name and location: Wave Modern Streetcar, Fort 
Lauderdale, FL. Project sponsor: South Florida Regional Transportation 
Authority. Project description: The proposed project is an 
approximately 2.8-mile modern streetcar system in Downtown Fort 
Lauderdale that will provide bi-directional service from S 17th Street 
and S Andrews Avenue to NE 6th Street and NE 3rd Avenue, primarily 
using Andrews Avenue, Bricknell Avenue, and E 3rd Avenue for north/
south movement. The FTA issued a Finding of No Significant Impact 
(FONSI) for the project on September 10, 2012. Since issuance of the 
FONSI, the project sponsor proposed minor changes to the project, 
including a new location for the vehicle maintenance and storage 
facility, minor refinements to proposed station locations, minor 
refinements to the alignment along SE 6th Street and SE 7th Street, and 
an alternative end-of-line treatment at the northern terminus known as 
Flagler Loop. FTA prepared a Supplemental Environmental Assessment (EA) 
for these design modifications. This notice only applies to the 
discrete actions taken by FTA at this time. Nothing in this notice 
affects FTA's previous decisions, or notice, for this project. Final 
agency actions: No use determination of Section 4(f) resources and 
Amended FONSI, dated June 10, 2015. Supporting documentation: 
Supplemental EA, dated March 27, 2015.

    Dated: August 21, 2015.
Lucy Garliauskas,
Associate Administrator Planning and Environment.
[FR Doc. 2015-21285 Filed 8-27-15; 8:45 am]
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                                             52360                         Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices

                                             FOR FURTHER INFORMATION CONTACT:                        wetlands; impacts to floodplains;                     DEPARTMENT OF TRANSPORTATION
                                             Homer Bazan, Jr., P.E., Director of                     impacts to historic and archeological
                                             Transportation Planning and                             resources; impacts to threatened and                  Federal Transit Administration
                                             Development—TxDOT Pharr District,                       endangered species; socioeconomic
                                             600 W. Interstate 2, Pharr, Texas, 78577;                                                                     Limitation on Claims Against Proposed
                                                                                                     impacts including environmental justice
                                             telephone: 956–702–6100; email:                                                                               Public Transportation Projects
                                                                                                     communities; impacts to and/or
                                             Homer.Bazan@txdot.gov. TxDOT’s                          potential displacements of land use,                  AGENCY: Federal Transit Administration
                                             normal business hours are 8:00 a.m.–                    vegetation, residents and businesses;                 (FTA), DOT.
                                             5:00 p.m., Monday through Friday.                       and impacts to aesthetic and visual                   ACTION: Notice.
                                             SUPPLEMENTARY INFORMATION: The                          resources.
                                             environmental review, consultation, and                                                                       SUMMARY:   This notice announces final
                                                                                                        Public involvement is a critical                   environmental actions taken by the
                                             other actions required by applicable
                                                                                                     component of the project development                  Federal Transit Administration (FTA)
                                             Federal environmental laws for this
                                             project are being, or have been, carried-               process and will occur throughout the                 for projects in the Cities of Seattle,
                                             out by TxDOT pursuant to 23 U.S.C. 327                  planning and study phases. Letters                    Shoreline, Mountlake Terrace, and
                                             and a Memorandum of Understanding                       describing the proposed action                        Lynnwood, WA; New Orleans, LA;
                                             dated December 16, 2014, and executed                   including a request for comments will                 Tacoma, WA; and Fort Lauderdale, FL.
                                             by FHWA and TxDOT. TxDOT will                           be sent to appropriate Federal, State,                The purpose of this notice is to
                                             prepare an EIS for the proposed SH 68                   and local agencies and to private                     announce publicly the environmental
                                             from I–2/US 83 to I–69C/US 281, listed                  organizations and citizens who have                   decisions by FTA on the subject projects
                                             in the 2015—2040 Hidalgo County                         previously expressed or are known to                  and to activate the limitation on any
                                             Metropolitan Transportation Plan as a 4-                have interest in this proposal. Agency                claims that may challenge these final
                                             lane divided rural highway facility with                and public scoping meetings are                       environmental actions.
                                             the potential for main lanes and                        planned for late 2015. The purpose of                 DATES: By this notice, FTA is advising
                                             overpasses. There is no existing facility;              the public scoping meetings is to                     the public of final agency actions
                                             therefore, the project is proposed on                   identify significant and other relevant               subject to Section 139(l) of Title 23,
                                             new location.                                           issues related to SH 68 mobility                      United States Code (U.S.C.). A claim
                                                The purpose of the project is to                     improvements as part of the National                  seeking judicial review of FTA actions
                                             improve north/south mobility, increase                  Environmental Policy Act process. The                 announced herein for the listed public
                                             travel capacity for local and regional                  scoping meetings will provide                         transportation projects will be barred
                                             traffic, and provide an alternate north-                opportunities for participating agencies,             unless the claim is filed on or before
                                             south evacuation routes during                          cooperating agencies, and the public to               January 25, 2016.
                                             emergency events. The project need is a                 be involved in review and comment on                  FOR FURTHER INFORMATION CONTACT:
                                             lack of sufficient north/south mobility                 the draft coordination plan, defining the             Nancy-Ellen Zusman, Assistant Chief
                                             for local and regional traffic and for                  need and purpose for the proposed                     Counsel, Office of Chief Counsel, (312)
                                             additional emergency evacuation routes,                                                                       353–2577 or Terence Plaskon,
                                                                                                     project, and the range of alternatives to
                                             which are the result of historical and                                                                        Environmental Protection Specialist,
                                                                                                     be considered in the EIS. In addition to
                                             continuing growth in the region’s                                                                             Office of Environmental Programs, (202)
                                                                                                     the agency and public scoping meetings,               366–0442. FTA is located at 1200 New
                                             population as well as continued growth
                                             of traffic in the region.                               a public hearing will be held. Public                 Jersey Avenue SE., Washington, DC
                                                The significance of impacts for the                  notice will be given of the time and                  20590. Office hours are from 9:00 a.m.
                                             proposed SH 68 project was initially                    place of the meetings and hearing. To                 to 5:30 p.m., Monday through Friday,
                                             uncertain, so the process began by                      ensure that the full range of issues                  except Federal holidays.
                                             preparing an environmental assessment                   related to this proposed action is                    SUPPLEMENTARY INFORMATION: Notice is
                                             (EA). Based on preliminary analysis and                 addressed and all significant issues are              hereby given that FTA has taken final
                                             feedback from the public, it was                        identified, comments and suggestions                  agency actions by issuing certain
                                             determined that an EIS should be                        are invited from all interested parties.              approvals for the public transportation
                                             prepared. The EIS will incorporate                      Such comments or questions concerning                 projects listed below. The actions on the
                                             information collected during the EA                     this proposed action should be directed               projects, as well as the laws under
                                             process; in addition, public input                      to TxDOT at the address provided                      which such actions were taken, are
                                             gathered during the development of the                  above.                                                described in the documentation issued
                                             EA will be considered in the EIS                        (Catalog of Federal Domestic Assistance               in connection with the projects to
                                             process. The EIS will develop and                       Program Number 20.205, Highway Planning               comply with the National
                                             evaluate a range of alternatives                        and Construction. The regulations                     Environmental Policy Act (NEPA) and
                                             including ‘‘No-action’’ (the no-build                   implementing Executive Order 12372                    in other documents in the FTA
                                             alternative), Transportation System                     regarding intergovernmental consultation on           administrative record for the projects.
                                             Management (TSM)/Transportation                         Federal programs and activities apply to this         Interested parties may contact either the
                                             Demand Management (TDM), rapid                          program.)                                             project sponsor or the relevant FTA
                                             transit and roadway build alternatives.                                                                       Regional Office for more information on
                                             The EIS will analyze potential direct,                    Issued on: August 19, 2015.
                                                                                                                                                           each project. Contact information for
                                             indirect and cumulative impacts from                    Michael T. Leary,                                     FTA’s Regional Offices may be found at
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                                             construction and operation of proposed                  Director, Planning and Program Development,           http://www.fta.dot.gov.
                                             corridor improvements including, but                    Federal Highway Administration.                          This notice applies to all FTA
                                             not limited to, the following:                          [FR Doc. 2015–20968 Filed 8–27–15; 8:45 am]           decisions on the listed projects as of the
                                             transportation impacts; air quality and                 BILLING CODE 4910–22–P                                issuance date of this notice and all laws
                                             noise impacts; water quality impacts                                                                          under which such actions were taken,
                                             including storm water runoff; impacts to                                                                      including, but not limited to, NEPA [42
                                             waters of the United States including                                                                         U.S.C. 4321–4375], Section 4(f) of the


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                                                                           Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices                                          52361

                                             Department of Transportation Act of                     miles, connecting Tacoma’s Central                    DEPARTMENT OF TRANSPORTATION
                                             1966 [49 U.S.C. 303], Section 106 of the                Business District to the Stadium and
                                             National Historic Preservation Act [16                  Hilltop Business Districts and to                     Maritime Administration
                                             U.S.C. 470f], and the Clean Air Act [42                 Tacoma’s ‘‘medical mile,’’ which                      [Docket No. MARAD 2015 0095]
                                             U.S.C. 7401–7671q]. This notice does                    includes major hospitals and medical
                                             not, however, alter or extend the                       centers. The project includes six new                 Requested Administrative Waiver of
                                             limitation period for challenges of                     stations, the relocation of one station,              the Coastwise Trade Laws: Vessel
                                             project decisions subject to previous                   and expanding the existing operations                 KWIAT NIGHTS II; Invitation for Public
                                             notices published in the Federal                        and maintenance facility (OMF) on a                   Comments
                                             Register. The projects and actions that
                                                                                                     property adjacent to the existing OMF.                AGENCY: Maritime Administration,
                                             are the subject of this notice are:
                                                1. Project name and location:                        Final agency actions: No use                          Department of Transportation.
                                             Lynnwood Link Extension, Cities of                      determination of Section 4(f) resources;              ACTION: Notice.
                                             Seattle, Shoreline, Mountlake Terrace,                  a Section 106 Programmatic Agreement,
                                             and Lynnwood, WA. Project sponsor:                      dated June 15, 2015; project-level air                SUMMARY:   As authorized by 46 U.S.C.
                                             Central Puget Sound Regional Transit                    quality conformity; and determination                 12121, the Secretary of Transportation,
                                             Authority (Sound Transit). Project                      of categorical exclusion. Supporting                  as represented by the Maritime
                                             description: The proposed project                       documentation: Documented categorical                 Administration (MARAD), is authorized
                                             would extend the Sound Transit Link                     exclusion pursuant to 23 CFR                          to grant waivers of the U.S.-build
                                             light rail system from Northgate in                     771.118(d), dated June 2015.                          requirement of the coastwise laws under
                                             Seattle north into Shoreline, Mountlake                                                                       certain circumstances. A request for
                                                                                                        4. Project name and location: Wave                 such a waiver has been received by
                                             Terrace, and Lynnwood in Snohomish                      Modern Streetcar, Fort Lauderdale, FL.
                                             County. The 8.5-mile project corridor                                                                         MARAD. The vessel, and a brief
                                                                                                     Project sponsor: South Florida Regional               description of the proposed service, is
                                             would generally follow Interstate 5.
                                                                                                     Transportation Authority. Project                     listed below.
                                             Project components include traction
                                                                                                     description: The proposed project is an               DATES: Submit comments on or before
                                             power substations along the project
                                             alignment, new noise walls and                          approximately 2.8-mile modern                         September 28, 2015.
                                             relocation of existing noise walls,                     streetcar system in Downtown Fort
                                                                                                                                                           ADDRESSES: Comments should refer to
                                             relocation of underground and overhead                  Lauderdale that will provide bi-                      docket number MARAD–2015–0095.
                                             utilities, crossover tracks, stormwater                 directional service from S 17th Street                Written comments may be submitted by
                                             management facilities, park-and-ride                    and S Andrews Avenue to NE 6th Street                 hand or by mail to the Docket Clerk,
                                             facilities, and intersection, street, and               and NE 3rd Avenue, primarily using                    U.S. Department of Transportation,
                                             sidewalk improvements. Final agency                     Andrews Avenue, Bricknell Avenue,                     Docket Operations, M–30, West
                                             actions: Section 4(f) de minimis impact                 and E 3rd Avenue for north/south                      Building Ground Floor, Room W12–140,
                                             determination; Section 106 finding of no                movement. The FTA issued a Finding of                 1200 New Jersey Avenue SE.,
                                             adverse effect; project-level air quality               No Significant Impact (FONSI) for the                 Washington, DC 20590. You may also
                                             conformity; and Record of Decision,                     project on September 10, 2012. Since                  send comments electronically via the
                                             dated July 10, 2015. Supporting                         issuance of the FONSI, the project                    Internet at http://www.regulations.gov.
                                             documentation: Final Environmental                      sponsor proposed minor changes to the                 All comments will become part of this
                                             Impact Statement, dated April 3, 2015.                  project, including a new location for the             docket and will be available for
                                                2. Project name and location:                        vehicle maintenance and storage                       inspection and copying at the above
                                             Cemeteries Transit Center Project, New                  facility, minor refinements to proposed               address between 10 a.m. and 5 p.m.,
                                             Orleans, LA. Project sponsor: Regional                                                                        E.T., Monday through Friday, except
                                                                                                     station locations, minor refinements to
                                             Transit Authority. Project description:                                                                       federal holidays. An electronic version
                                                                                                     the alignment along SE 6th Street and
                                             The proposed project would extend the                                                                         of this document and all documents
                                             Canal Streetcar Line from its present                   SE 7th Street, and an alternative end-of-
                                                                                                     line treatment at the northern terminus               entered into this docket is available on
                                             terminus at the end of Canal Street to                                                                        the World Wide Web at http://
                                             the existing Cemeteries Transit Center                  known as Flagler Loop. FTA prepared a
                                                                                                     Supplemental Environmental                            www.regulations.gov.
                                             located on Canal Boulevard. In addition,
                                             the project would move the existing                     Assessment (EA) for these design                      FOR FURTHER INFORMATION CONTACT:
                                             Canal Streetcar Cemeteries stop at the                  modifications. This notice only applies                  Linda Williams, U.S. Department of
                                             intersection of Canal Street and City                   to the discrete actions taken by FTA at               Transportation, Maritime
                                             Park Avenue to the Cemeteries Transit                   this time. Nothing in this notice affects             Administration, 1200 New Jersey
                                             Center at Canal Boulevard north of City                 FTA’s previous decisions, or notice, for              Avenue SE., Room W23–453,
                                             Park Avenue. Final agency actions:                      this project. Final agency actions: No                Washington, DC 20590. Telephone 202–
                                             Section 4(f) de minimis impact                          use determination of Section 4(f)                     366–0903, Email Linda.Williams@
                                             determination; a Section 106                            resources and Amended FONSI, dated                    dot.gov.
                                             Memorandum of Agreement, dated June                     June 10, 2015. Supporting                             SUPPLEMENTARY INFORMATION:
                                             16, 2015; and Finding of No Significant                 documentation: Supplemental EA,                         As described by the applicant the
                                             Impact, dated July 15, 2015. Supporting                 dated March 27, 2015.                                 intended service of the vessel KWIAT
                                             documentation: Environmental                                                                                  NIGHTS II is:
                                             Assessment, dated February 2015.                          Dated: August 21, 2015.
                                                                                                                                                             Intended Commercial Use of Vessel:
Lhorne on DSK5TPTVN1PROD with NOTICES




                                                3. Project name and location: Tacoma                 Lucy Garliauskas,                                     OUPV Passengers, Sport fishing—non-
                                             Link Expansion, Tacoma, WA. Project                     Associate Administrator Planning and                  commercial
                                             sponsor: Central Puget Sound Regional                   Environment.                                            Geographic Region: ‘‘Florida, Georgia,
                                             Transit Authority (Sound Transit).                      [FR Doc. 2015–21285 Filed 8–27–15; 8:45 am]           Louisiana’’
                                             Project description: The proposed                       BILLING CODE P                                          The complete application is given in
                                             project would extend the existing                                                                             DOT docket MARAD–2015–0095 at
                                             Tacoma Link system an additional 2.4                                                                          http://www.regulations.gov. Interested


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Document Created: 2015-12-15 11:04:13
Document Modified: 2015-12-15 11:04:13
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 January 25, 2016.
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 52360 

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