80 FR 68897 - Limitation on Claims Against Proposed Public Transportation Projects
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 80, Issue 215 (November 6, 2015)
Federal Transit Administration
Federal Register Volume 80, Issue 215 (November 6, 2015)
| Page Range | 68897-68898 | |
| FR Document | 2015-28319 |
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)] [Notices] [Pages 68897-68898] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28319] ----------------------------------------------------------------------- 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) [[Page 68898]] for projects in Albuquerque, NM, Chicago, IL, and Tempe, AZ. 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 April 4, 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 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: Albuquerque Rapid Transit, Albuquerque, NM. Project sponsor: The City of Albuquerque. Project description: The proposed project would provide bus rapid transit service from the Unser Transit Center on the west side of Albuquerque to Tramway Boulevard on the east side, an overall length of approximately 14 miles, and construct exclusive lanes for rapid vehicles from Coors Boulevard to Louisiana Boulevard, a distance of approximately 8.75 miles. The project would also construct 20 stations, including 15 median stations and five curbside platforms. Final agency actions: No use determination of Section 4(f) resources; Section 106 finding of no adverse effect; project-level air quality conformity; and determination of documented categorical exclusion. Supporting documentation: Documented categorical exclusion pursuant to 23 CFR 771.118(d), dated August 26, 2015. 2. Project name and location: Lawrence to Bryn Mawr Modernization Project, Chicago, IL. Project sponsor: Chicago Transit Authority. Project description: The proposed project would replace the Lawrence, Argyle, Berwyn, and Bryn Mawr stations and approximately 1.3 miles of rail transit structural infrastructure on the Red and Purple lines in the Uptown and Edgewater community areas of Chicago. Final agency actions: Section 4(f) determination; a Section 106 Memorandum of Agreement, dated September 28, 2015; project-level air quality conformity; and Finding of No Significant Impact, dated October 1, 2015. Supporting documentation: Environmental Assessment, dated April 29, 2015. 3. Project name and location: Red-Purple Bypass Project, Chicago, IL. Project sponsor: Chicago Transit Authority. Project description: The proposed project would construct a fifth track bypass for the northbound Brown Line at Clark Junction, just north of Belmont station, and reconstruct approximately 0.3 miles of the mainline Red and Purple line tracks from Belmont station on the south to the stretch of track between Newport and Cornelia Avenues on the north. The bypass would provide a grade-separated junction allowing northbound Brown Line trains to cross unimpeded over and above north- and southbound Red Line tracks, as well as southbound Purple Line tracks, on a new aerial structure. Final agency actions: Section 4(f) determination; a Section 106 Memorandum of Agreement, dated September 28, 2015; project-level air quality conformity; and Finding of No Significant Impact, dated October 29, 2015. Supporting documentation: Environmental Assessment, dated May 19, 2015. 4. Project name and location: Tempe Streetcar, Tempe, AZ. Project sponsor: Valley Metro. Project description: The proposed project is an approximately three-mile long streetcar line that connects the emerging commercial district of Rio Salado Parkway along the Tempe Town Lake waterfront with Downtown Tempe and Arizona State University's main campus along Apache Boulevard to the Dorsey/Apache Boulevard light rail station. Final agency actions: No use determination of Section 4(f) resources; Section 106 finding of no adverse effect; project-level air quality conformity; and Finding of No Significant Impact, dated October 27, 2015. Supporting documentation: Environmental Assessment, dated July 2015. Lucy Garliauskas, Associate Administrator Planning and Environment. [FR Doc. 2015-28319 Filed 11-5-15; 8:45 am] BILLING CODE P
![Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices 68897
is effective as of November 19, 2015 and 2006–2575; FMCSA–2011–0193; are questions regarding your
will expire on November 19, 2017. FMCSA–2011–0194; FMCSA–2013– submission.
As of November 20, 2015, and in 0183; FMCSA–2013–0186; FMCSA– To submit your comment online, go to
accordance with 49 U.S.C. 31136(e) and 2013–0188; FMCSA–2013–0189. http://www.regulations.gov and in the
31315, the following 22 individuals search box insert the docket numbers
Request for Comments
have satisfied the renewal conditions for FMCSA–2006–2575; FMCSA–2011–
obtaining an exemption from the rule FMCSA will review comments 0193; FMCSA–2011–0194; FMCSA–
prohibiting drivers with ITDM from received at any time concerning a 2013–0183; FMCSA–2013–0186;
driving CMVs in interstate commerce. particular driver’s safety record and FMCSA–2013–0188; FMCSA–2013–
(71 FR 58464; 71 FR 67201): determine if the continuation of the 0189 and click the search button. When
exemption is consistent with the the new screen appears, click on the
John N. Anderson (MN)
requirements at 49 U.S.C. 31136(e) and blue ‘‘Comment Now!’’ button on the
Allan C. Boyum (MN)
31315. However, FMCSA requests that right hand side of the page. On the new
Terry L. Brantley (NC)
interested parties with specific data page, enter information required
Steven E. Brechting (MI)
concerning the safety records of these including the specific section of this
Scott A. Carlson (WI)
drivers submit comments by December document to which each comment
Joseph L. Coggins (SC)
7, 2015. applies, and provide a reason for each
Stephanie D. Fry (WY)
FMCSA believes that the suggestion or recommendation. If you
Robert W. Gaultney, Jr. (MD)
requirements for a renewal of an submit your comments by mail or hand
Paul T. Kubish (WI)
exemption under 49 U.S.C. 31136(e) and delivery, submit them in an unbound
David M. Levy (NY)
31315 can be satisfied by initially format, no larger than 81⁄2 by 11 inches,
Sterling C. Madsen (UT)
granting the renewal and then suitable for copying and electronic
David F. Morin (CA)
requesting and evaluating, if needed, filing. If you submit comments by mail
Jeffrey J. Morinelli (NE)
subsequent comments submitted by and would like to know that they
Ronald D. Murphy (WV)
interested parties. As indicated above, reached the facility, please enclose a
Charles B. Page (PA)
the Agency previously published stamped, self-addressed postcard or
John A. Remaklus (OH)
notices of final disposition announcing envelope.
Michael D. Schooler (IN)
its decision to exempt these 90 We will consider all comments and
Arthur L. Stapleton, Jr. (OH)
individuals from rule prohibiting material received during the comment
Carolyn J. Taylor (IN)
persons with ITDM from operating period and may change this proposed
Jeffrey M. Thew (WA)
CMVs in interstate commerce in 49 CFR rule based on your comments. FMCSA
Barney J. Wade (MS)
391.41(b)(3). The final decision to grant may issue a final rule at any time after
Dennis D. Wade (IL)
an exemption to each of these the close of the comment period.
The drivers were included in Docket individuals was made on the merits of
No. FMCSA–2006–2575. Their each case and made only after careful Viewing Comments and Documents
exemptions are effective as of November consideration of the comments received To view comments, as well as any
20, 2015 and will expire on November to its notices of applications. The documents mentioned in this preamble,
20, 2017. notices of applications stated in detail To submit your comment online, go to
As of November 22, 2015, and in the medical condition of each applicant http://www.regulations.gov and in the
accordance with 49 U.S.C. 31136(e) and for an exemption from rule prohibiting search box insert the docket number
31315, the following individual, Steven persons with ITDM from operating FMCSA–2006–2575; FMCSA–2011–
R. Auger (NH), has satisfied the renewal CMVs in interstate commerce. That 0193; FMCSA–2011–0194; FMCSA–
conditions for obtaining an exemption information is available by consulting 2013–0183; FMCSA–2013–0186;
from the rule prohibiting drivers with the above cited Federal Register FMCSA–2013–0188; FMCSA–2013–
ITDM from driving CMVs in interstate publications. 0189 and click ‘‘Search.’’ Next, click
commerce (76 FR 63295; 76 FR 76400). Interested parties or organizations ‘‘Open Docket Folder’’ and you will find
The driver was included in Docket possessing information that would all documents and comments related to
No. FMCSA–2013–0189. The exemption otherwise show that any, or all, of these the proposed rulemaking.
is effective as of November 22, 2015 and drivers are not currently achieving the
will expire on November 22, 2017. statutory level of safety should Issued on: October 29, 2015.
Each of the 90 drivers in the immediately notify FMCSA. The Larry W. Minor,
aforementioned groups qualifies for a Agency will evaluate any adverse Associate Administrator for Policy.
renewal of the exemption. They have evidence submitted and, if safety is [FR Doc. 2015–28316 Filed 11–5–15; 8:45 am]
maintained their required medical being compromised or if continuation of BILLING CODE 4910–EX–P
monitoring and have not exhibited any the exemption would not be consistent
medical issues that would compromise with the goals and objectives of 49
their ability to safely operate a CMV U.S.C. 31136(e) and 31315, FMCSA will DEPARTMENT OF TRANSPORTATION
during the previous 2-year exemption take immediate steps to revoke the
period. exemption of a driver. Federal Transit Administration
These factors provide an adequate
basis for predicting each driver’s ability Submitting Comments Limitation on Claims Against Proposed
Public Transportation Projects
mstockstill on DSK4VPTVN1PROD with NOTICES
to continue to drive safely in interstate You may submit your comments and
commerce. Therefore, FMCSA material online or by fax, mail, or hand AGENCY: Federal Transit Administration
concludes that extending the exemption delivery, but please use only one of (FTA), DOT.
for each of the 90 drivers for a period these means. FMCSA recommends that ACTION: Notice.
of two years is likely to achieve a level you include your name and a mailing
of safety equal to that existing without address, an email address, or a phone SUMMARY: This notice announces final
the exemption. The drivers were number in the body of your document environmental actions taken by the
included in docket numbers FMCSA– so that FMCSA can contact you if there Federal Transit Administration (FTA)
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![68898 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices
for projects in Albuquerque, NM, description: The proposed project Environmental Assessment, dated May
Chicago, IL, and Tempe, AZ. The would provide bus rapid transit service 19, 2015.
purpose of this notice is to announce from the Unser Transit Center on the 4. Project name and location: Tempe
publicly the environmental decisions by west side of Albuquerque to Tramway Streetcar, Tempe, AZ. Project sponsor:
FTA on the subject projects and to Boulevard on the east side, an overall Valley Metro. Project description: The
activate the limitation on any claims length of approximately 14 miles, and proposed project is an approximately
that may challenge these final construct exclusive lanes for rapid three-mile long streetcar line that
environmental actions. vehicles from Coors Boulevard to connects the emerging commercial
DATES: By this notice, FTA is advising Louisiana Boulevard, a distance of district of Rio Salado Parkway along the
the public of final agency actions approximately 8.75 miles. The project Tempe Town Lake waterfront with
subject to Section 139(l) of Title 23, would also construct 20 stations, Downtown Tempe and Arizona State
United States Code (U.S.C.). A claim including 15 median stations and five University’s main campus along Apache
seeking judicial review of FTA actions curbside platforms. Final agency Boulevard to the Dorsey/Apache
announced herein for the listed public actions: No use determination of Boulevard light rail station. Final
transportation projects will be barred Section 4(f) resources; Section 106 agency actions: No use determination of
unless the claim is filed on or before finding of no adverse effect; project- Section 4(f) resources; Section 106
April 4, 2016. level air quality conformity; and finding of no adverse effect; project-
FOR FURTHER INFORMATION CONTACT: determination of documented level air quality conformity; and
Nancy-Ellen Zusman, Assistant Chief categorical exclusion. Supporting Finding of No Significant Impact, dated
Counsel, Office of Chief Counsel, (312) documentation: Documented categorical October 27, 2015. Supporting
353–2577 or Terence Plaskon, exclusion pursuant to 23 CFR documentation: Environmental
Environmental Protection Specialist, 771.118(d), dated August 26, 2015. Assessment, dated July 2015.
Office of Environmental Programs, (202) 2. Project name and location: Lucy Garliauskas,
366–0442. FTA is located at 1200 New Lawrence to Bryn Mawr Modernization Associate Administrator Planning and
Jersey Avenue SE., Washington, DC Project, Chicago, IL. Project sponsor: Environment.
20590. Office hours are from 9 a.m. to Chicago Transit Authority. Project [FR Doc. 2015–28319 Filed 11–5–15; 8:45 am]
5:30 p.m., Monday through Friday, description: The proposed project
BILLING CODE P
except Federal holidays. would replace the Lawrence, Argyle,
SUPPLEMENTARY INFORMATION: Notice is Berwyn, and Bryn Mawr stations and
hereby given that FTA has taken final approximately 1.3 miles of rail transit DEPARTMENT OF TRANSPORTATION
agency actions by issuing certain structural infrastructure on the Red and
approvals for the public transportation Purple lines in the Uptown and Pipeline and Hazardous Materials
projects listed below. The actions on the Edgewater community areas of Chicago. Safety Administration
projects, as well as the laws under Final agency actions: Section 4(f)
[Docket No. PHMSA–2015–0211; Notice No.
which such actions were taken, are determination; a Section 106
15–22]
described in the documentation issued Memorandum of Agreement, dated
in connection with the projects to September 28, 2015; project-level air Hazardous Materials: Notice of
comply with the National quality conformity; and Finding of No Suspension of Del-Med, Inc., Edison,
Environmental Policy Act (NEPA) and Significant Impact, dated October 1, NJ for DOT–SP 8308
in other documents in the FTA 2015. Supporting documentation:
Environmental Assessment, dated April AGENCY: Pipeline and Hazardous
administrative record for the projects.
29, 2015. Materials Safety Administration
Interested parties may contact either the
3. Project name and location: Red- (PHMSA), DOT.
project sponsor or the relevant FTA
Regional Office for more information on Purple Bypass Project, Chicago, IL. ACTION: Notice of suspension.
each project. Contact information for Project sponsor: Chicago Transit SUMMARY: This provides notice that
FTA’s Regional Offices may be found at Authority. Project description: The transportation under the terms of DOT–
http://www.fta.dot.gov. proposed project would construct a fifth SP 8308 has been suspended for Del-
This notice applies to all FTA track bypass for the northbound Brown Med, Inc. formerly located in Edison,
decisions on the listed projects as of the Line at Clark Junction, just north of NJ.
issuance date of this notice and all laws Belmont station, and reconstruct
under which such actions were taken, approximately 0.3 miles of the mainline DATES: The suspension discussed in this
including, but not limited to, NEPA [42 Red and Purple line tracks from notice was effective October 21, 2015.
U.S.C. 4321–4375], Section 4(f) of the Belmont station on the south to the FOR FURTHER INFORMATION CONTACT: Mr.
Department of Transportation Act of stretch of track between Newport and Ryan Paquet, Director, Approvals and
1966 [49 U.S.C. 303], Section 106 of the Cornelia Avenues on the north. The Permits Division, Office of Hazardous
National Historic Preservation Act [16 bypass would provide a grade-separated Materials Safety, (202) 366–4535,
U.S.C. 470f], and the Clean Air Act [42 junction allowing northbound Brown PHMSA, 1200 New Jersey Avenue SE.,
U.S.C. 7401–7671q]. This notice does Line trains to cross unimpeded over and Washington, DC 20590.
not, however, alter or extend the above north- and southbound Red Line SUPPLEMENTARY INFORMATION: DOT–SP
limitation period for challenges of tracks, as well as southbound Purple 8308 authorizes the transportation in
mstockstill on DSK4VPTVN1PROD with NOTICES
project decisions subject to previous Line tracks, on a new aerial structure. commerce of certain radioactive
notices published in the Federal Final agency actions: Section 4(f) materials aboard highway vehicles
Register. The projects and actions that determination; a Section 106 when the combined transport index (TI)
are the subject of this notice are: Memorandum of Agreement, dated exceeds 50 or the separation criteria
1. Project name and location: September 28, 2015; project-level air cannot be met. Paragraph 12.d. of DOT–
Albuquerque Rapid Transit, quality conformity; and Finding of No SP 8308 requires quarterly reporting of:
Albuquerque, NM. Project sponsor: The Significant Impact, dated October 29, (i) The results of the radiation dosimetry
City of Albuquerque. Project 2015. Supporting documentation: program; (ii) a description of activities
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Document Created: 2015-12-14 15:09:25
Document Modified: 2015-12-14 15:09:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| 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 April 4, 2016. | |
| 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 a.m. to 5:30 p.m., Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 68897 |
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