80_FR_76973 80 FR 76736 - Notice of Limitation on Claims Against a Proposed Transportation Project

80 FR 76736 - Notice of Limitation on Claims Against a Proposed Transportation Project

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Federal Transit Administration

Federal Register Volume 80, Issue 237 (December 10, 2015)

Page Range76736-76737
FR Document2015-31111

This notice announces final environmental actions taken by FHWA and FTA that are final within the meaning of Federal transportation law. The actions relate to a proposed transportation project, the Seattle Multimodal Terminal at Colman Dock Project, located in the City of Seattle, Washington. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 80 Issue 237 (Thursday, December 10, 2015) 
[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Pages 76736-76737]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31111]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Federal Transit Administration


Notice of Limitation on Claims Against a Proposed Transportation 
Project

AGENCY: Federal Highway Administration (FHWA), Federal Transit 
Administration (FTA), Department of Transportation (DOT).

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and FTA.

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SUMMARY: This notice announces final environmental actions taken by 
FHWA and FTA that are final within the meaning of Federal 
transportation law. The actions relate to a proposed transportation 
project, the Seattle Multimodal Terminal at Colman Dock Project, 
located in the City of Seattle, Washington. Those actions grant 
licenses, permits, and approvals for the project.

DATES: By this notice, FHWA and FTA are advising the public of final 
agency actions subject to 23 U.S.C. 139(l). A claim seeking judicial 
review of the Federal agency actions announced herein for the listed 
transportation project will be barred unless the claim is filed on or 
before May 9, 2016.

FOR FURTHER INFORMATION CONTACT: Lindsey Handel, Urban Area Engineer, 
FHWA at (360) 753-9550, lindsey.handel@dot.gov; Nancy-Ellen Zusman, 
Assistant Chief Counsel, Office of Chief Counsel, FTA at (312) 353-
2577, nancyellen.zusman@dot.gov; or Terence Plaskon, Environmental 
Protection Specialist, Office of

[[Page 76737]]

Environmental Programs, FTA at (202) 366-0442, terence.plaskon@dot.gov. 
FHWA's Washington Division office is located at 711 South Capitol Way, 
Suite 501, Olympia, WA 98501. FTA is located at 1200 New Jersey Avenue 
SE., Washington, DC 20590. FHWA office hours are 8:00 a.m. to 4:00 
p.m., p.t., and FTA office hours are from 9:00 a.m. to 5:30 p.m., e.t.. 
Marsha Tolon, Washington State Department of Transportation (WSDOT), at 
(206) 805-2866, tolonm@wsdot.wa.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and FTA 
have taken final agency actions by issuing a Finding of No Significant 
Impact (FONSI) for the Seattle Multimodal Terminal at Colman Dock 
Project in Seattle, Washington.
    Federal Lead Agencies: FHWA and FTA.
    Project sponsor: WSDOT.
    Project description: The proposed project will replace the aging 
and seismically vulnerable components of the Seattle Ferry Terminal at 
Colman Dock in order to maintain ferry service in the future. The WSDOT 
operates the Seattle Ferry Terminal. Colman Dock is located on Pier 52, 
along the central waterfront of downtown Seattle, Washington. Key 
elements of the Seattle Ferry Terminal Project include: Replacing and 
re-configuring the timber trestle portion of the dock; replacing the 
main terminal building; reconfiguring the dock layout to provide safer 
and more efficient operations; replacing the vehicle transfer span and 
the overhead loading structures of Slip 3; maintaining a connection to 
the Marion Street pedestrian overpass; and replacing the King County-
operated passenger-only ferry facility on the southern edge of Colman 
Dock.
    Final agency actions: Determination that there is no use of Section 
4(f) resources; Section 106 finding of no adverse effect; project-level 
air quality conformity; and FONSI, dated November 5, 2015. Supporting 
documentation: Environmental Assessment (EA) dated April 2, 2014.
    The EA and FONSI can be viewed and downloaded from the project Web 
site at http://www.wsdot.wa.gov/projects/ferries/colmanmultimodalterminal/ or viewed at the Seattle, King County, and 
Kitsap Public Libraries. This notice applies to all FHWA and FTA 
decisions on the listed project, as of the issuance date of this 
notice, and all laws under which such actions were taken, including but 
not limited to those arising under the following laws, as amended:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4351]; Federal-Aid Highway Act [23 U.S.C. 109]; the Federal transit 
statutes [49 U.S.C. Chapter 53].
    2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) 
[23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Magnuson-Stevenson 
Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 
1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archaeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archaeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act [25 
U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act [7 U.S.C. 4201-4209]; the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, as amended [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Coastal Zone Management 
Act [16 U.S.C. 1451-1465]; Land and Water Conservation Fund [16 U.S.C. 
4601-4604]; Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)]; 
Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; TEA-21 Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster 
Protection Act [42 U.S.C. 4001-4128].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [PL 99-499]; Resource 
Conservation and Recovery Act [42 U.S.C. 6901-6992(k)].
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic 
Assistance Program Number 20.205, Highway Planning and Construction. 
The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this program.) Nothing in this notice creates a cause of action 
under these Executive Orders.
    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.

    Authority:  23 U.S.C. 139

    Issued on: December 1, 2015.
Daniel M. Mathis,
Division Administrator, FHWA, Olympia, Washington.
Lucy Garliauskas,
Associate Administrator, Planning and Environment, FTA, Washington, DC.
[FR Doc. 2015-31111 Filed 12-9-15; 8:45 am]
 BILLING CODE 4910-RY-P

76736 Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices 12. Advanced Hydraulic 3D Modeling treatments for pavements and bridges distinctly see the plowing operations that can be used to reach this goal. that extend beyond the truck body, Rivers, streams, and coastal enhancing safety for both motorists and waterbodies exhibit complex hydraulic Pavements plow operators. characteristics that affect bridge and Whether a highway pavement is Automatic Vehicle Location (AVL) culvert design and operation, scour constructed using concrete or asphalt, and Telematics for Maintenance formation, stream stability, and overall the structure will deteriorate over time. Forces—The use of AVL on highway infrastructure resiliency. Advanced Many factors affect the performance of maintenance vehicles enables Hydraulic 3D Modeling tools simulate these pavements including loads equipment managers to know where the hydrologic, hydraulic, and scour (traffic), climatic conditions, and highway equipment fleet is located for conditions at any aspect of material quality. There are surface deployment where and when needed. transportation systems. These tools treatments available that extend the By coupling AVL with Telematics to significantly increase the detail and overall service life of both pavement report engine and drivetrain diagnostics, accuracy of hydraulic related project types. The use of the right pavement an equipment fleet manager has the planning, permitting, design, and surface treatments at the right time can optimum combination of tools to simulation activities. Designers can use improve the condition level and extend efficiently and effectively manage the the tools to more accurately apply the the performance of the pavement maintenance force. safest and most cost effective structure. For example, by maintaining Issued on: December 4, 2015. transportation design to accommodate and improving smoothness and ride at Gregory G. Nadeau, the hydraulic conditions of the an acceptable level of service, a FHWA Administrator. structure. Use of this technology can pavement structure can save the tax also reduce costs of materials and [FR Doc. 2015–31112 Filed 12–9–15; 8:45 am] payers money and time and enhance quantities during a project’s BILLING CODE 4910–22–P safety. construction and operation. Bridges 13. Nondestructive Evaluation (NDE) The decks or slabs of bridges are DEPARTMENT OF TRANSPORTATION Applications for Condition Assessment vulnerable to the effects of mechanical of Bridges, Pavements, and Tunnels Federal Highway Administration wear from traffic, and environmental The management of our Nation’s conditions such as rain, snow and ice. Federal Transit Administration highway infrastructure assets including Consequently, decks and slabs require bridges, pavements, and tunnels more maintenance and repair than any Notice of Limitation on Claims Against presents ongoing planning, operational, other component of the bridge. The a Proposed Transportation Project preservation, and economic challenges most common bridge deck and slab material is concrete and its main cause AGENCY: Federal Highway for Federal, State, tribal, and local Administration (FHWA), Federal transportation agencies. Data-driven of deterioration is corrosion of the reinforcing steel. Surface treatments Transit Administration (FTA), condition information is an important Department of Transportation (DOT). part of managing and maintaining these such as deck washing, using crack sealers, fillers, waterproofing ACTION: Notice of limitation on claims assets in a state of good repair. membranes and overlays can protect for judicial review of actions by FHWA Advancements in NDE applications over and enhance service life of bridge decks. and FTA. the last decade from hand-held tools to automated platforms can provide 15. The Maintenance Innovation SUMMARY: This notice announces final owners with more efficient, reliable, and Toolbox (MIT) environmental actions taken by FHWA cost-effective approaches to and FTA that are final within the complement current inspection and The MIT includes the following three highway maintenance items that have meaning of Federal transportation law. evaluation practices. The actions relate to a proposed been proven and tested in the hands of Each NDE technology detects a highway maintenance workers to save transportation project, the Seattle specific type of defect. The defects time and money, while enhancing safety Multimodal Terminal at Colman Dock identified range from those found at an and operations efficiencies: Project, located in the City of Seattle, early stage to the on-set of deterioration, Indefinite Delivery/Indefinite Washington. Those actions grant providing infrastructure owners with Quantity (ID/IQ) or Job Order licenses, permits, and approvals for the information to develop cost-effective Contracting—This is a unique indefinite project. preservation and maintenance quantity type of contract that enables DATES: By this notice, FHWA and FTA strategies. This can result in lower life- facility owners to accomplish a large are advising the public of final agency cycle structure costs, which are a number of repairs and maintenance actions subject to 23 U.S.C. 139(l). A savings for the owner and the user. with a single, competitive bid contract. claim seeking judicial review of the After the ID/IQ is established, this Federal agency actions announced 14. Surface Treatments for Extended contracting method saves time in the herein for the listed transportation Life procurement process when an project will be barred unless the claim The condition of pavements and immediate need is identified. is filed on or before May 9, 2016. bridges across the country vary Strobe Lights for Increased Visibility FOR FURTHER INFORMATION CONTACT: mstockstill on DSK4VPTVN1PROD with NOTICES considerably, with many State DOTs of Snow Plow Operations—With the Lindsey Handel, Urban Area Engineer, struggling to maintain current service increased use of wing plows and tow FHWA at (360) 753–9550, levels. A balanced approach that takes plows, it is even more important to lindsey.handel@dot.gov; Nancy-Ellen into consideration timing, desired level ensure that plowing operations are Zusman, Assistant Chief Counsel, Office of service, and available funding is being seen by motorists. With the of Chief Counsel, FTA at (312) 353– paramount to keeping our Nation’s installation of different color strobe 2577, nancyellen.zusman@dot.gov; or infrastructure in a ‘‘state of good lights (e.g., green, amber, blue, etc.), Terence Plaskon, Environmental repair.’’ There are several surface trailing and passing vehicles can more Protection Specialist, Office of VerDate Sep<11>2014 19:33 Dec 09, 2015 Jkt 238001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1

Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices 76737 Environmental Programs, FTA at (202) Federal-Aid Highway Act [23 U.S.C. Consultation and Coordination with 366–0442, terence.plaskon@dot.gov. 109]; the Federal transit statutes [49 Indian Tribal Governments; E.O. 11514 FHWA’s Washington Division office is U.S.C. Chapter 53]. Protection and Enhancement of located at 711 South Capitol Way, Suite 2. Air: Clean Air Act, as amended [42 Environmental Quality; E.O. 13112 501, Olympia, WA 98501. FTA is U.S.C. 7401–7671(q)]. Invasive Species. (Catalog of Federal located at 1200 New Jersey Avenue SE., 3. Land: Section 4(f) of the Domestic Assistance Program Number Washington, DC 20590. FHWA office Department of Transportation Act of 20.205, Highway Planning and hours are 8:00 a.m. to 4:00 p.m., p.t., 1966 [49 U.S.C. 303]; Landscaping and Construction. The regulations and FTA office hours are from 9:00 a.m. Scenic Enhancement (Wildflowers) [23 implementing Executive Order 12372 to 5:30 p.m., e.t.. Marsha Tolon, U.S.C. 319]. regarding intergovernmental Washington State Department of 4. Wildlife: Endangered Species Act consultation on Federal programs and Transportation (WSDOT), at (206) 805– [16 U.S.C. 1531–1544]; Anadromous activities apply to this program.) 2866, tolonm@wsdot.wa.gov. Fish Conservation Act [16 U.S.C. Nothing in this notice creates a cause of SUPPLEMENTARY INFORMATION: Notice is 757(a)–757(g)]; Fish and Wildlife action under these Executive Orders. hereby given that FHWA and FTA have Coordination Act [16 U.S.C. 661– This notice does not, however, alter or taken final agency actions by issuing a 667(d)]; Magnuson-Stevenson Fishery extend the limitation period for Finding of No Significant Impact Conservation and Management Act of challenges of project decisions subject (FONSI) for the Seattle Multimodal 1976, as amended [16 U.S.C. 1801 et to previous notices published in the Terminal at Colman Dock Project in seq.]. Federal Register. Seattle, Washington. 5. Historic and Cultural Resources: Section 106 of the National Historic Authority: 23 U.S.C. 139 Federal Lead Agencies: FHWA and FTA. Preservation Act of 1966, as amended Issued on: December 1, 2015. Project sponsor: WSDOT. [16 U.S.C. 470(f) et seq.]; Archaeological Daniel M. Mathis, Project description: The proposed Resources Protection Act of 1977 [16 Division Administrator, FHWA, Olympia, project will replace the aging and U.S.C. 470(aa)–11]; Archaeological and Washington. seismically vulnerable components of Historic Preservation Act [16 U.S.C. Lucy Garliauskas, the Seattle Ferry Terminal at Colman 469–469(c)]; Native American Grave Associate Administrator, Planning and Dock in order to maintain ferry service Protection and Repatriation Act [25 Environment, FTA, Washington, DC. in the future. The WSDOT operates the U.S.C. 3001–3013]. [FR Doc. 2015–31111 Filed 12–9–15; 8:45 am] Seattle Ferry Terminal. Colman Dock is 6. Social and Economic: Civil Rights BILLING CODE 4910–RY–P located on Pier 52, along the central Act of 1964 [42 U.S.C. 2000(d)– waterfront of downtown Seattle, 2000(d)(1)]; American Indian Religious Washington. Key elements of the Seattle Freedom Act [42 U.S.C. 1996]; Farmland DEPARTMENT OF TRANSPORTATION Ferry Terminal Project include: Protection Policy Act [7 U.S.C. 4201– Replacing and re-configuring the timber 4209]; the Uniform Relocation Federal Railroad Administration trestle portion of the dock; replacing the Assistance and Real Property [Docket No. FRA–2015–0007–N–31] main terminal building; reconfiguring Acquisition Policies Act of 1970, as the dock layout to provide safer and amended [42 U.S.C. 61]. Proposed Agency Information more efficient operations; replacing the 7. Wetlands and Water Resources: Collection Activities; Comment vehicle transfer span and the overhead Clean Water Act, 33 U.S.C. 1251–1377 Request loading structures of Slip 3; maintaining (Section 404, Section 401, Section 319); a connection to the Marion Street Coastal Zone Management Act [16 AGENCY: Federal Railroad pedestrian overpass; and replacing the U.S.C. 1451–1465]; Land and Water Administration (FRA), Department of King County-operated passenger-only Conservation Fund [16 U.S.C. 4601– Transportation (DOT). ferry facility on the southern edge of 4604]; Safe Drinking Water Act [42 ACTION: Notice and request for Colman Dock. U.S.C. 300(f)–300(j)(6)]; Rivers and comments. Final agency actions: Determination Harbors Act of 1899 [33 U.S.C. 401– that there is no use of Section 4(f) 406]; TEA–21 Wetlands Mitigation [23 SUMMARY: In compliance with the resources; Section 106 finding of no U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Paperwork Reduction Act of 1995, this adverse effect; project-level air quality Disaster Protection Act [42 U.S.C. 4001– notice announces that the renewal conformity; and FONSI, dated 4128]. Information Collection Requests (ICRs) November 5, 2015. Supporting 8. Hazardous Materials: abstracted below are being forwarded to documentation: Environmental Comprehensive Environmental the Office of Management and Budget Assessment (EA) dated April 2, 2014. Response, Compensation, and Liability (OMB) for review and comment. The The EA and FONSI can be viewed and Act [42 U.S.C. 9601–9675]; Superfund ICRs describe the nature of the downloaded from the project Web site at Amendments and Reauthorization Act information collections and their http://www.wsdot.wa.gov/projects/ of 1986 [PL 99–499]; Resource expected burden. The Federal Register ferries/colmanmultimodalterminal/ or Conservation and Recovery Act [42 notice with a 60-day comment period viewed at the Seattle, King County, and U.S.C. 6901–6992(k)]. soliciting comments on the following Kitsap Public Libraries. This notice 9. Executive Orders: E.O. 11990 collections of information was applies to all FHWA and FTA decisions Protection of Wetlands; E.O. 11988 published on September 23, 2015. DATES: Comments must be submitted on mstockstill on DSK4VPTVN1PROD with NOTICES on the listed project, as of the issuance Floodplain Management; E.O. 12898, date of this notice, and all laws under Federal Actions to Address or before January 11, 2016. which such actions were taken, Environmental Justice in Minority FOR FURTHER INFORMATION CONTACT: Mr. including but not limited to those Populations and Low Income Robert Brogan, Information Collection arising under the following laws, as Populations; E.O. 11593 Protection and Clearance Officer, Office of Safety, amended: Enhancement of Cultural Resources; Safety Regulatory Analysis Division, 1. General: National Environmental E.O. 13007 Indian Sacred Sites; E.O. RRS–21, Federal Railroad Policy Act [42 U.S.C. 4321–4351]; 13287 Preserve America; E.O. 13175 Administration, 1200 New Jersey Ave. VerDate Sep<11>2014 19:33 Dec 09, 2015 Jkt 238001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1


Document Created: 2015-12-14 13:28:57
Document Modified: 2015-12-14 13:28:57
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 of limitation on claims for judicial review of actions by FHWA and FTA.
DatesBy this notice, FHWA and FTA are advising the public of final agency actions subject to 23 U.S.C. 139(l). A claim seeking judicial review of the Federal agency actions announced herein for the listed transportation project will be barred unless the claim is filed on or before May 9, 2016.
ContactLindsey Handel, Urban Area Engineer, FHWA at (360) 753-9550, [email protected]; Nancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, FTA at (312) 353- 2577, [email protected]; or Terence Plaskon, Environmental Protection Specialist, Office of Environmental Programs, FTA at (202) 366-0442, [email protected] FHWA's Washington Division office is located at 711 South Capitol Way, Suite 501, Olympia, WA 98501. FTA is located at 1200 New Jersey Avenue SE., Washington, DC 20590. FHWA office hours are 8:00 a.m. to 4:00 p.m., p.t., and FTA office hours are from 9:00 a.m. to 5:30 p.m., e.t.. Marsha Tolon, Washington State Department of Transportation (WSDOT), at (206) 805-2866, [email protected]
FR Citation80 FR 76736 
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