81_FR_22232 81 FR 22160 - Limitation on Claims Against Proposed Public Transportation Projects

81 FR 22160 - Limitation on Claims Against Proposed Public Transportation Projects

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 81, Issue 72 (April 14, 2016)

Page Range22160-22161
FR Document2016-08537

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in New York, NY; North Brunswick Township and City of New Brunswick, NJ; and Cobb and Fulton Counties, GA. 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 81 Issue 72 (Thursday, April 14, 2016)
[Federal Register Volume 81, Number 72 (Thursday, April 14, 2016)]
[Notices]
[Pages 22160-22161]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08537]


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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 New York, NY; 
North Brunswick Township and City of New Brunswick, NJ; and Cobb and 
Fulton Counties, GA. 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 September 12, 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 5:00 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

[[Page 22161]]

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. Contact information 
for FTA's Regional Offices may be found at https://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: East Side Access, New York, NY. 
Project sponsor: Metropolitan Transportation Authority (MTA). Project 
description: The East Side Access Project (ESA) will connect the Long 
Island Rail Road's (LIRR) Main and Port Washington Lines in Queens to a 
new LIRR terminal beneath Grand Central Terminal in Manhattan. The MTA 
evaluated various project changes in seven prior technical memoranda. 
In Technical Memorandum No. 8, the MTA proposed to construct a new 
elevator that would connect the ESA command center (or Terminal 
Management Center) in the new LIRR Concourse with the existing Metro 
North Railroad command center, which is located in the Station Master's 
Office in Grand Central Terminal. In Technical Memorandum No. 9, the 
MTA proposed to extend the construction period at 55th Street, between 
Park and Madison Avenues, by approximately 48 additional months to 
allow concrete deliveries to the tunnels to facilitate the remaining 
Manhattan construction work and potentially allow hatch access for 
construction personnel. In Technical Memorandum No. 10, the MTA 
proposed a new concrete delivery location on 49th Street between 
Madison and Park Avenues, and a modification to the design for the 
entrance located at 415 Madison Avenue. This notice only applies to the 
discrete actions taken by FTA at this time, as described below. Nothing 
in this notice affects FTA's previous decisions, or notice thereof, for 
this project. Final agency actions: FTA determination in each case that 
neither a supplemental environmental impact statement nor a 
supplemental environmental assessment is necessary. Supporting 
documentation: Technical Memorandum No. 8--Command Center Elevator, 
dated March 26, 2015; Technical Memorandum No. 9--Concrete Deliveries 
at 55th Street, dated June 8, 2015; and Technical Memorandum No. 10--
Concrete Deliveries at 49th Street and 415 Madison Entrance Design 
Enhancement, dated February 10, 2016.
    2. Project name and location: Delco Lead Safe Haven Storage and Re-
Inspection Facility, North Brunswick Township and City of New 
Brunswick, NJ. Project sponsor: New Jersey Transit Corporation. Project 
description: The proposed project would construct a rail vehicle 
service and inspection facility and outdoor storage rail track for up 
to 444 rail vehicles. The project would require the acquisition of 
eight properties with a combined total area of 42.6 acres. Final agency 
actions: Section 4(f) determination; a Section 106 Programmatic 
Agreement, dated September 16, 2015; project-level air quality 
conformity; and Finding of No Significant Impact, dated February 19, 
2016. Supporting documentation: Environmental Assessment, dated 
December 2015.
    3. Project name and location: Connect Cobb Corridor Project, Cobb 
and Fulton Counties, GA. Project description: The proposed project 
would build an approximately 25-mile arterial rapid transit (ART) bus 
system with associated improvements on US 41/Cobb Parkway. The ART 
system would run from the Kennesaw area to the existing Metropolitan 
Atlanta Regional Transit Authority Arts Center Station, with the 
majority of the project operating in a dedicated guideway. 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 April 1, 2016.

Lucy Garliauskas,
Associate Administrator Planning and Environment.
[FR Doc. 2016-08537 Filed 4-13-16; 8:45 am]
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                                                  22160                         Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices

                                                  2. Administrative and National Policy                   5602, email: Benjamin.Owen@dot.gov. A                 must login to Grants.gov to confirm you as
                                                  Requirements                                            TDD is available at 1–800–877–8339                    an Authorized Organization Representative
                                                                                                          (TDD/FIRS).                                           (AOR). Please note that there can be more
                                                  i. Grant Requirements                                                                                         than one AOR for your organization. In some
                                                     If selected, awardees will apply for a               H. Other Information                                  cases the E-Biz POC is also the AOR for an
                                                                                                                                                                organization. *Time depends on
                                                  grant through FTA’s electronic grants                      This program is not subject to
                                                                                                                                                                responsiveness of your E-Biz POC.
                                                  management system and adhere to the                     Executive Order 12372,
                                                  customary FTA grant requirements of                     ‘‘Intergovernmental Review of Federal                 STEP 5: TRACK AOR STATUS
                                                  the Section 5303 Metropolitan Planning                  Programs.’’ FTA will consider                           At any time, you can track your AOR status
                                                  program, including those of FTA                         applications for funding only from                    by logging in with your username and
                                                  Circular 8100.1C and Circular 5010.1D.                  eligible recipients for eligible projects             password. Login as an Applicant (enter your
                                                                                                                                                                username & password you obtained in Step
                                                  All competitive grants, regardless of                   listed in Section C.
                                                                                                                                                                3) using the following link: applicant_
                                                  award amount, will be subject to the                       Complete applications must be
                                                                                                                                                                profile.jsp.
                                                  Congressional Notification and release                  submitted through GRANTS.GOV by
                                                                                                          11:59 p.m. EDT June 13, 2016. Contact                 [FR Doc. 2016–08538 Filed 4–13–16; 8:45 am]
                                                  process. Technical assistance regarding
                                                  these requirements is available from                    information for FTA’s regional offices                BILLING CODE P

                                                  each FTA regional office.                               can be found on FTA’s Web site at
                                                                                                          www.fta.dot.gov.
                                                  ii. Planning                                               As a result of amendments in the                   DEPARTMENT OF TRANSPORTATION
                                                     FTA encourages proposers to notify                   FAST Act, transit-oriented development
                                                                                                                                                                Federal Transit Administration
                                                  the appropriate metropolitan planning                   projects may receive loans through the
                                                  organizations in areas likely to be served              USDOT Transportation Infrastructure                   Limitation on Claims Against Proposed
                                                  by the funds made available under this                  Finance and Innovation Act (TIFIA)                    Public Transportation Projects
                                                  program. Selected projects must be                      program. Further information about this
                                                  incorporated into the unified planning                  program was published in the Federal                  AGENCY: Federal Transit Administration
                                                  work programs of metropolitan areas                     Register on March 11, 2016 and is                     (FTA), DOT.
                                                  before they are eligible for FTA funding.               available at https://www.gpo.gov/fdsys/               ACTION: Notice.
                                                                                                          pkg/FR-2016-03-11/pdf/2016-05640.pdf.
                                                  iii. Standard Assurances                                                                                      SUMMARY:   This notice announces final
                                                     The applicant assures that it will                   Matthew J. Welbes,                                    environmental actions taken by the
                                                  comply with all applicable Federal                      Executive Director.                                   Federal Transit Administration (FTA)
                                                  statutes, regulations, executive orders,                Appendix A                                            for projects in New York, NY; North
                                                  FTA circulars, and other Federal                                                                              Brunswick Township and City of New
                                                                                                          Registration in SAM and Grants.Gov                    Brunswick, NJ; and Cobb and Fulton
                                                  administrative requirements in carrying
                                                  out any project supported by the FTA                    Registration in Brief                                 Counties, GA. The purpose of this
                                                  grant. The applicant acknowledges that                     Registration takes approximately 3–5               notice is to announce publicly the
                                                  it is under a continuing obligation to                  business days, but allow 4 weeks for                  environmental decisions by FTA on the
                                                  comply with the terms and conditions                    completion of all steps.                              subject projects and to activate the
                                                  of the grant agreement issued for its                   STEP 1: Obtain DUNS Number                            limitation on any claims that may
                                                  project with FTA. The applicant                            Same day. If requested by phone (1–866–            challenge these final environmental
                                                  understands that Federal laws,                          705–5711) DUNS is provided immediately. If            actions.
                                                  regulations, policies, and administrative               your organization does not have one, you              DATES:  By this notice, FTA is advising
                                                  practices might be modified from time                   will need to go to the Dun & Bradstreet Web
                                                                                                          site at http://fedgov.dnb.com/webform [EXIT
                                                                                                                                                                the public of final agency actions
                                                  to time and may affect the                                                                                    subject to Section 139(l) of Title 23,
                                                  implementation of the project. The                      Disclaimer] to obtain the number.
                                                                                                          *Information for Foreign                              United States Code (U.S.C.). A claim
                                                  applicant agrees that the most recent                   Registrants.*Webform requests take 1–2                seeking judicial review of FTA actions
                                                  Federal requirements will apply to the                  business days.                                        announced herein for the listed public
                                                  project, unless FTA issues a written                                                                          transportation projects will be barred
                                                                                                          STEP 2: Register with SAM
                                                  determination otherwise. The applicant                                                                        unless the claim is filed on or before
                                                  must submit the Certifications and                         Three to five business days or up to two
                                                                                                          weeks. If you already have a TIN, your SAM            September 12, 2016.
                                                  Assurances before receiving a grant if it
                                                                                                          registration will take 3–5 business days to           FOR FURTHER INFORMATION CONTACT:
                                                  does not have current certifications on                 process. If you are applying for an EIN please        Nancy-Ellen Zusman, Assistant Chief
                                                  file.                                                   allow up to 2 weeks. Ensure that your                 Counsel, Office of Chief Counsel, (312)
                                                  3. Reporting                                            organization is registered with the System for        353–2577 or Terence Plaskon,
                                                                                                          Award Management (SAM) at System for
                                                     Post-award reporting requirements                    Award Management (SAM). If your
                                                                                                                                                                Environmental Protection Specialist,
                                                  include submission of Federal Financial                 organization is not, an authorizing official of       Office of Environmental Programs, (202)
                                                  Reports and Milestone Progress Reports                  your organization must register.                      366–0442. FTA is located at 1200 New
                                                  in FTA’s electronic grants management                   STEP 3: Username & Password                           Jersey Avenue SE., Washington, DC
                                                  system on a quarterly basis. Awardees                                                                         20590. Office hours are from 9:00 a.m.
                                                                                                             Same day. Complete your AOR
                                                  must also submit copies of the                                                                                to 5:00 p.m., Monday through Friday,
                                                                                                          (Authorized Organization Representative)
                                                                                                                                                                except Federal holidays.
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                                                  deliverables identified in the work plan                profile on Grants.gov and create your
                                                  to the FTA regional office at the                       username and password. You will need to               SUPPLEMENTARY INFORMATION: Notice is
                                                  corresponding milestones.                               use your organization’s DUNS Number to                hereby given that FTA has taken final
                                                                                                          complete this step. https://                          agency actions by issuing certain
                                                  G. Federal Awarding Agency Contact                      apply07.grants.gov/apply/OrcRegister.                 approvals for the public transportation
                                                    For program-specific questions, please                STEP 4: AOR Authorization                             projects listed below. The actions on the
                                                  contact Benjamin Owen, Office of                           *Same day. The E-Business Point of                 projects, as well as the laws under
                                                  Planning and Environment, (202) 366–                    Contact (E-Biz POC) at your organization              which such actions were taken, are


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                                                                                Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices                                                 22161

                                                  described in the documentation issued                   Avenue. This notice only applies to the               Finding of No Significant Impact, dated
                                                  in connection with the projects to                      discrete actions taken by FTA at this                 April 1, 2016.
                                                  comply with the National                                time, as described below. Nothing in                  Lucy Garliauskas,
                                                  Environmental Policy Act (NEPA) and                     this notice affects FTA’s previous
                                                  in other documents in the FTA                                                                                 Associate Administrator Planning and
                                                                                                          decisions, or notice thereof, for this                Environment.
                                                  administrative record for the projects.                 project. Final agency actions: FTA                    [FR Doc. 2016–08537 Filed 4–13–16; 8:45 am]
                                                  Interested parties may contact either the               determination in each case that neither
                                                  project sponsor or the relevant FTA                                                                           BILLING CODE P
                                                                                                          a supplemental environmental impact
                                                  Regional Office for more information.                   statement nor a supplemental
                                                  Contact information for FTA’s Regional                  environmental assessment is necessary.                DEPARTMENT OF TRANSPORTATION
                                                  Offices may be found at https://                        Supporting documentation: Technical
                                                  www.fta.dot.gov.                                        Memorandum No. 8—Command Center                       Pipeline and Hazardous Materials
                                                     This notice applies to all FTA                       Elevator, dated March 26, 2015;                       Safety Administration
                                                  decisions on the listed projects as of the              Technical Memorandum No. 9—
                                                  issuance date of this notice and all laws                                                                     Hazardous Materials: Notice of
                                                                                                          Concrete Deliveries at 55th Street, dated
                                                  under which such actions were taken,                                                                          Applications for Special Permits
                                                                                                          June 8, 2015; and Technical
                                                  including, but not limited to, NEPA [42
                                                                                                          Memorandum No. 10—Concrete                            AGENCY:  Pipeline and Hazardous
                                                  U.S.C. 4321–4375], Section 4(f) of the
                                                  Department of Transportation Act of                     Deliveries at 49th Street and 415                     Materials Safety Administration
                                                  1966 [49 U.S.C. 303], Section 106 of the                Madison Entrance Design Enhancement,                  (PHMSA), DOT.
                                                  National Historic Preservation Act [16                  dated February 10, 2016.                              ACTION: List of applications for special
                                                  U.S.C. 470f], and the Clean Air Act [42                    2. Project name and location: Delco                permits.
                                                  U.S.C. 7401–7671q]. This notice does                    Lead Safe Haven Storage and Re-
                                                                                                                                                                SUMMARY:    In accordance with the
                                                  not, however, alter or extend the                       Inspection Facility, North Brunswick
                                                                                                                                                                procedures governing the application
                                                  limitation period for challenges of                     Township and City of New Brunswick,                   for, and the processing of, special
                                                  project decisions subject to previous                   NJ. Project sponsor: New Jersey Transit               permits from the Department of
                                                  notices published in the Federal                        Corporation. Project description: The                 Transportation’s Hazardous Material
                                                  Register. The projects and actions that                 proposed project would construct a rail               Regulations (49 CFR part 107, subpart
                                                  are the subject of this notice are:                     vehicle service and inspection facility               B), notice is hereby given that the Office
                                                     1. Project name and location: East                   and outdoor storage rail track for up to              of Hazardous Materials Safety has
                                                  Side Access, New York, NY. Project                      444 rail vehicles. The project would                  received the application described
                                                  sponsor: Metropolitan Transportation                    require the acquisition of eight                      herein. Each mode of transportation for
                                                  Authority (MTA). Project description:                   properties with a combined total area of              which a particular special permit is
                                                  The East Side Access Project (ESA) will                 42.6 acres. Final agency actions: Section             requested is indicated by a number in
                                                  connect the Long Island Rail Road’s                     4(f) determination; a Section 106                     the ‘‘Nature of Application’’ portion of
                                                  (LIRR) Main and Port Washington Lines                   Programmatic Agreement, dated                         the table below as follows: 1—Motor
                                                  in Queens to a new LIRR terminal                                                                              vehicle, 2—Rail freight, 3—Cargo vessel,
                                                                                                          September 16, 2015; project-level air
                                                  beneath Grand Central Terminal in                                                                             4—Cargo aircraft only, 5—Passenger-
                                                                                                          quality conformity; and Finding of No
                                                  Manhattan. The MTA evaluated various                                                                          carrying aircraft.
                                                  project changes in seven prior technical                Significant Impact, dated February 19,
                                                  memoranda. In Technical Memorandum                      2016. Supporting documentation:                       DATES: Comments must be received on
                                                  No. 8, the MTA proposed to construct                    Environmental Assessment, dated                       or before May 16, 2016.
                                                  a new elevator that would connect the                   December 2015.                                           Address Comments to: Record Center,
                                                  ESA command center (or Terminal                            3. Project name and location: Connect              Pipeline and Hazardous Materials Safety
                                                  Management Center) in the new LIRR                      Cobb Corridor Project, Cobb and Fulton                Administration U.S. Department of
                                                  Concourse with the existing Metro                                                                             Transportation, Washington, DC 20590.
                                                                                                          Counties, GA. Project description: The
                                                  North Railroad command center, which                                                                             Comments should refer to the
                                                                                                          proposed project would build an
                                                  is located in the Station Master’s Office                                                                     application number and be submitted in
                                                                                                          approximately 25-mile arterial rapid                  triplicate. If confirmation of receipt of
                                                  in Grand Central Terminal. In Technical                 transit (ART) bus system with
                                                  Memorandum No. 9, the MTA proposed                                                                            comments is desired, include a self-
                                                                                                          associated improvements on US 41/                     addressed stamped postcard showing
                                                  to extend the construction period at                    Cobb Parkway. The ART system would
                                                  55th Street, between Park and Madison                                                                         the special permit number.
                                                                                                          run from the Kennesaw area to the
                                                  Avenues, by approximately 48                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          existing Metropolitan Atlanta Regional                Ryan Paquet, Director, Office of
                                                  additional months to allow concrete                     Transit Authority Arts Center Station,
                                                  deliveries to the tunnels to facilitate the                                                                   Hazardous Materials Approvals and
                                                                                                          with the majority of the project                      Permits Division, Pipeline and
                                                  remaining Manhattan construction work
                                                                                                          operating in a dedicated guideway.                    Hazardous Materials Safety
                                                  and potentially allow hatch access for
                                                                                                          Final agency actions: No use                          Administration, U.S. Department of
                                                  construction personnel. In Technical
                                                  Memorandum No. 10, the MTA                              determination of Section 4(f) resources;              Transportation, East Building, PHH–30,
                                                  proposed a new concrete delivery                        Section 106 finding of no adverse effect;             1200 New Jersey Avenue Southeast,
                                                                                                          project-level air quality conformity; and             Washington, DC 20590–0001, (202) 366–
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                                                  location on 49th Street between
                                                  Madison and Park Avenues, and a                                                                               4535.
                                                  modification to the design for the                                                                            SUPPLEMENTARY INFORMATION: Copies of
                                                  entrance located at 415 Madison                                                                               the applications are available for




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Document Created: 2018-02-07 13:48:07
Document Modified: 2018-02-07 13:48:07
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 12, 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 5:00 p.m., Monday through Friday, except Federal holidays.
FR Citation81 FR 22160 

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