81_FR_26392 81 FR 26308 - Environmental Impact Statement (EIS) for the Hudson Tunnel Project in Hudson County, New Jersey and New York County, New York

81 FR 26308 - Environmental Impact Statement (EIS) for the Hudson Tunnel Project in Hudson County, New Jersey and New York County, New York

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 81, Issue 84 (May 2, 2016)

Page Range26308-26312
FR Document2016-10277

Through this Notice, FRA announces its intent to jointly prepare an environmental impact statement (EIS) with the New Jersey Transit Corporation (NJ TRANSIT) for the Hudson Tunnel Project (the Proposed Action or the Project) under the National Environmental Policy Act (NEPA). The Proposed Action is intended to preserve the current functionality of the Northeast Corridor's (NEC) Hudson River rail crossing between New Jersey and New York and strengthen the resilience of the NEC. The Project would consist of construction of a new rail tunnel beneath the Hudson River, including railroad infrastructure in New Jersey and New York connecting the new rail tunnel to the existing NEC, and rehabilitation of the existing NEC tunnel beneath the Hudson River, referred to as the North River Tunnel. The EIS will evaluate the potential environmental impacts of a reasonable range of alternatives, including the No Action (No Build) Alternative. As appropriate, FRA and NJ TRANSIT will coordinate with the National Railroad Passenger Corporation (Amtrak), as owner of the North River Tunnel, and the Port Authority of New York and New Jersey (PANYNJ) on the EIS. FRA invites the public and all interested parties to provide comments on the scope of the EIS, including the proposed purpose and need, the Proposed Action and alternatives to be considered in the EIS, potential environmental impacts of concern and methodologies to be used in the EIS, the approach for public and agency involvement, and any other particular concerns about the potential impacts of the Proposed Action.

Federal Register, Volume 81 Issue 84 (Monday, May 2, 2016)
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26308-26312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10277]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Environmental Impact Statement (EIS) for the Hudson Tunnel 
Project in Hudson County, New Jersey and New York County, New York

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of intent (NOI) to prepare an Environmental Impact 
Statement (EIS).

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

SUMMARY: Through this Notice, FRA announces its intent to jointly 
prepare an environmental impact statement (EIS) with the New Jersey 
Transit Corporation (NJ TRANSIT) for the Hudson Tunnel Project (the 
Proposed Action or the Project) under the National Environmental Policy 
Act (NEPA). The Proposed Action is

[[Page 26309]]

intended to preserve the current functionality of the Northeast 
Corridor's (NEC) Hudson River rail crossing between New Jersey and New 
York and strengthen the resilience of the NEC. The Project would 
consist of construction of a new rail tunnel beneath the Hudson River, 
including railroad infrastructure in New Jersey and New York connecting 
the new rail tunnel to the existing NEC, and rehabilitation of the 
existing NEC tunnel beneath the Hudson River, referred to as the North 
River Tunnel. The EIS will evaluate the potential environmental impacts 
of a reasonable range of alternatives, including the No Action (No 
Build) Alternative. As appropriate, FRA and NJ TRANSIT will coordinate 
with the National Railroad Passenger Corporation (Amtrak), as owner of 
the North River Tunnel, and the Port Authority of New York and New 
Jersey (PANYNJ) on the EIS.
    FRA invites the public and all interested parties to provide 
comments on the scope of the EIS, including the proposed purpose and 
need, the Proposed Action and alternatives to be considered in the EIS, 
potential environmental impacts of concern and methodologies to be used 
in the EIS, the approach for public and agency involvement, and any 
other particular concerns about the potential impacts of the Proposed 
Action.

DATES: Persons interested in providing written comments on the scope of 
the EIS must do so by May 31, 2016. Please submit written comments via 
the internet, email, or mail, using the contact information provided 
below.
    Persons may also provide comments orally or in writing at the 
public scoping meetings. FRA and NJ TRANSIT will hold two scoping 
meetings on the following dates:
     May 17, 2016, at the Hotel Pennsylvania, Gold Ballroom, 
3rd Floor, 401 Seventh Avenue at West 33rd Street, New York, New York 
10001.
     May 19, 2016, at Union City High School, 2500 Kennedy 
Boulevard, Union City, New Jersey 07087.
    Both days will include an afternoon session from 3 to 5 p.m. with a 
brief presentation about the Proposed Action at 4 p.m., and an evening 
session from 6 to 8 p.m. with a brief presentation about the Proposed 
Action at 7 p.m. The public can review Project information, talk 
informally with members of the study staff, and formally submit 
comments to the FRA (to a stenographer or in writing). The meeting 
facilities will be accessible to persons with disabilities. Spanish 
language translators will be present. If you need special translation 
or signing services or other special accommodations, please contact the 
Project team five days prior to the meeting at 973-261-8115, or email 
[email protected].
    FRA and NJ TRANSIT will give equal consideration to oral and 
written comments.

ADDRESSES: The public and other interested parties are encouraged to 
comment via the internet at the Project's Web site 
(www.hudsontunnelproject.com) or via email at 
[email protected]. You can also send written comments by 
mail to persons identified below.

FOR FURTHER INFORMATION CONTACT: Amishi Castelli, Ph.D., Environmental 
Protection Specialist, Office of Railroad Policy and Development, USDOT 
Federal Railroad Administration, One Bowling Green, Suite 429, New 
York, NY 10004, or [email protected]; or Mr. RJ Palladino, AICP, 
PP, Senior Program Manager, NJ TRANSIT Capital Planning, One Penn Plaza 
East--8th Floor, Newark, NJ 07105, or [email protected].

SUPPLEMENTARY INFORMATION: FRA and NJ TRANSIT will prepare the EIS in 
compliance with NEPA, the Council on Environmental Quality (CEQ) 
regulations implementing NEPA (40 CFR parts 1500-1508), and the FRA 
Procedures for Considering Environmental Impacts (FRA's Environmental 
Procedures) (64 FR 28545, May 26, 1999; 78 FR 2713, Jan. 14, 2013). 
Consistent with Section 11503 of the Fixing America's Surface 
Transportation Act of 2015 (FAST Act), FRA and NJ TRANSIT will prepare 
the EIS consistent with 23 U.S.C. 139. After release and circulation of 
a Draft EIS for public comment, FRA intends to issue a single document 
that consists of the Final EIS and Record of Decision under Public Law 
112-141, 126 Stat. 405, Section 1319(b) unless it determines the 
statutory criteria or practicability considerations preclude issuing a 
combined document.
    The EIS will also document compliance with other applicable 
Federal, state, and local environmental laws and regulations, including 
Section 106 of the National Historic Preservation Act (NHPA); the 
Conformity requirements of the Clean Air Act; the Clean Water Act; 
Section 4(f) of the Department of Transportation Act of 1966 (Section 
4(f)); the Endangered Species Act; Executive Order 11988 and USDOT 
Order 5650.2 on Floodplain Management; Executive Order 11990 on 
Protection of Wetlands; the Magnuson-Stevens Act related to Essential 
Fish Habitat; the Coastal Zone Management Act; and Executive Order 
12898 on Environmental Justice. The EIS will provide FRA, NJ TRANSIT, 
and other cooperating and participating agencies and the public with 
information about alternatives that meet the Proposed Action's purpose 
and need, including their environmental impacts and appropriate 
measures to avoid, minimize, and mitigate those impacts.
    The Proposed Action may affect historic properties and will be 
subject to the requirements of Section 106 of the NHPA (54 U.S.C. 
306108). Consistent with regulations issued by the Advisory Council on 
Historic Preservation (36 CFR part 800), FRA intends to coordinate 
compliance with Section 106 of the NHPA with the preparation of the 
EIS. The public and interested parties may also provide input relevant 
to FRA's review under Section 106 including identifying potentially 
eligible resources and the potential effect of the Proposed Action on 
those resources. In addition, the public or other interested parties 
may also request to participate in the Section 106 process as a 
consulting party under 36 CFR part 800.

Project Background

    The existing NEC rail tunnel beneath the Hudson River is known as 
the North River Tunnel. This tunnel is used by Amtrak for intercity 
passenger rail service and by NJ TRANSIT for commuter rail service. The 
approach to the tunnel begins east of NJ TRANSIT's Frank R. Lautenberg 
Station in Secaucus, New Jersey (which is 5 miles east of Amtrak and NJ 
TRANSIT's Newark Penn Station). East of the Secaucus station, the NEC 
has two tracks that approach the tunnel on a raised embankment through 
the towns of Secaucus and North Bergen, New Jersey. Tracks enter a 
tunnel portal in North Bergen, passing beneath Union City and 
Weehawken, New Jersey and the Hudson River before emerging within the 
Penn Station New York (PSNY) rail complex in New York City. The tunnel 
has two separate tubes, each accommodating a single track for 
electrically powered trains, and extends approximately 2.5 miles from 
the tunnel portal in North Bergen to PSNY. The existing North River 
Tunnel is a critical NEC asset and is the only intercity passenger rail 
crossing into New York City from New Jersey and areas west and south.
    The NEC is the most heavily used passenger rail line in the U.S., 
both in terms of ridership and service frequency. Amtrak operates over 
the

[[Page 26310]]

entire NEC, providing regional service, long distance service, and 
high-speed Acela Express service. Amtrak owns the majority of the NEC, 
including the North River Tunnel. NJ TRANSIT operates an extensive 
commuter rail network in New Jersey that extends to Philadelphia, 
Pennsylvania; Orange and Rockland Counties in New York; and New York 
City. Amtrak's NEC service and NJ TRANSIT's commuter rail service 
provide connections between the major cities of the Mid-Atlantic and 
Northeast states and commuter access for thousands of people who work 
in the region. Therefore, both services are important to the region's 
economy. In 2014, Amtrak carried approximately 24,000 weekday 
passengers each day on more than 100 trains between New York and New 
Jersey. NJ TRANSIT carried almost 90,000 weekday passengers each day on 
approximately 350 trains between New York and New Jersey.
    Extensive engineering work and environmental documentation have 
been prepared over the past two decades for a new Hudson River rail 
tunnel. This has included the detailed studies and design conducted for 
the Access to the Region's Core (ARC) project from 1995 through 2010. 
The ARC project evaluated several options for construction of a new 
tunnel under the Hudson River in combination with an expansion of 
station capacity in midtown Manhattan to accommodate growing passenger 
demand. In addition, Amtrak conducted the Gateway Program Feasibility 
Study in 2011-2013, which assessed options for constructing a new 
Hudson River tunnel. Amtrak's Gateway Program envisions a series of 
improvement projects to upgrade and expand the capacity of the NEC. 
While many of the Gateway improvements are still being fully defined, a 
new Hudson Tunnel on the NEC is urgently needed to maintain existing 
service.
    In 2012, the FRA launched the NEC FUTURE study to consider the role 
of rail passenger service in the context of current and future 
transportation demands and to evaluate the appropriate level of 
capacity improvements to make across the NEC. The intent of the NEC 
FUTURE program is to help develop a long-term vision and investment 
program for the NEC. Through NEC FUTURE, FRA is currently evaluating 
overall capacity improvements and environmental consequences associated 
with improved NEC rail services, including trans-Hudson service. 
However, as described above, this Proposed Action addresses a specific 
need due to the deterioration of the existing North River Tunnel and 
can be considered independently from the other projects analyzed in the 
NEC FUTURE EIS. All three build alternatives evaluated in the NEC 
FUTURE Tier 1 Draft EIS FRA released in November 2015 included new 
Hudson River tunnel investments similar to this Proposed Action. This 
EIS may incorporate the appropriate analysis and other relevant 
elements from the NEC FUTURE Tier 1 EIS while focusing on the issues 
specific to this independent Project.
    As appropriate, FRA and NJ TRANSIT will use the work conducted for 
the ARC project and Amtrak's feasibility study to provide baseline 
information for the study of the Proposed Action. While the Proposed 
Action addresses maintenance and resilience of the NEC Hudson River 
crossing, it would not increase rail capacity. At the same time, the 
Proposed Action would not preclude other future projects to expand rail 
capacity in the area. Accordingly, although the Proposed Action may 
also be an element of a larger program to expand rail capacity, it 
would meet an urgent existing need and will be evaluated as a separate 
project from any larger initiative. Ultimately, an increase in service 
between Newark Penn Station and PSNY would not occur until other 
substantial infrastructure capacity improvements are built in addition 
to a new Hudson River rail tunnel. These improvements will be the 
subject of one or more separate design, engineering, and appropriate 
environmental reviews.

Purpose and Need

    The purpose of the Proposed Action is: (1) To preserve the current 
functionality of Amtrak's NEC service and NJ TRANSIT's commuter rail 
service between New Jersey and PSNY by repairing the deteriorating 
North River Tunnel; and (2) to strengthen the NEC's resiliency to 
support reliable rail service by providing redundant capacity under the 
Hudson River for Amtrak and NJ TRANSIT NEC trains between New Jersey 
and the existing PSNY. These improvements must be achieved while 
maintaining uninterrupted commuter and intercity rail service and by 
optimizing the use of existing infrastructure.
    Service reliability through the tunnel has been compromised due to 
damage to tunnel components Superstorm Sandy caused, when it inundated 
both tubes in the North River Tunnel with seawater in October 2012. 
That storm resulted in the cancellation of all Amtrak and NJ TRANSIT 
service into New York City for five days. Although the tunnel was 
restored to service and is now safe for travel, chlorides from the 
seawater remain in the tunnel's concrete liner and bench walls, causing 
ongoing damage to the bench walls, imbedded steel, track, and signaling 
and electrical components.
    The damage Superstorm Sandy caused is compounded by the tunnel's 
age and the intensity of its current use (operating at capacity to meet 
current demands), resulting in frequent delays due to component 
failures within the tunnel. With no other Hudson River passenger rail 
crossing into PSNY, single-point failures can suspend rail service, 
causing delays that cascade up and down the NEC as well as throughout 
NJ TRANSIT's commuter system, disrupting service for hundreds of 
thousands of passengers. For example, on March 17, 2016, a NJ TRANSIT 
train became disabled in one of the tunnel's tubes during the morning 
peak period, resulting in delays to 57 other Amtrak and NJ TRANSIT 
trains headed into and out of PSNY that day. Service disruptions will 
continue and will over time happen more frequently as the deterioration 
from the seawater inundation continues and components fail in an 
unpredictable manner.
    Because of the importance of the North River Tunnel to essential 
commuter and intercity rail service between New Jersey and New York, 
City, rehabilitation of the existing North River Tunnel must be 
accomplished without unacceptable reductions in weekday service. 
Removing one tube in the existing North River Tunnel from operation 
without new capacity in place would reduce weekday service to volumes 
well below the current maximum capacity of 24 peak direction trains per 
hour.
    In addition, the existing two-track North River Tunnel is operating 
at full capacity and does not provide redundancy for reliable train 
operations during disruptions or maintenance. Therefore, any service 
disruption results in major passenger delays and substantial reductions 
to overall system flexibility, reliability and on-time performance. 
This condition is exacerbated by the need to perform increased 
maintenance to address damage Superstorm Sandy caused. These 
maintenance demands are difficult to meet because of the intensity of 
rail service in the tunnel. Efforts to maintain the North River Tunnel 
in a functional condition currently require nightly and weekend tunnel 
outages with reductions in service due to single-track operations. 
Train service is adjusted to allow the closure of one tube of the North 
River Tunnel each weekend for maintenance for a 55-hour window 
beginning Friday evening and ending early Monday morning.

[[Page 26311]]

Proposed Action and Alternatives

    The Proposed Action, the Hudson Tunnel Project, consists of:
     A new NEC rail tunnel with two tubes and electrified 
tracks beneath the Hudson River, extending from a new tunnel portal in 
North Bergen, New Jersey to the PSNY rail complex;
     Ventilation shaft buildings above the tunnel on both sides 
of the Hudson River to provide smoke ventilation during emergencies;
     Modifications to the existing NEC tracks in New Jersey and 
additional track on the NEC to connect the new tunnel to the NEC, 
beginning just east of Frank R. Lautenberg Station in Secaucus, New 
Jersey, and approaching the new tunnel portal in North Bergen, New 
Jersey;
     Modifications to connecting rail infrastructure at PSNY to 
connect the new tunnel's tracks to the existing tracks at PSNY; and
     Rehabilitation of the existing North River Tunnel.
Once the North River Tunnel rehabilitation is complete, both the old 
and new tunnel would be in service, providing redundant capacity and 
increased operational flexibility for Amtrak and NJ TRANSIT.
    In addition to those permanent features, the Proposed Action would 
involve the following types of construction activities, which will be 
described and evaluated in the Draft EIS:
     Construction of new tracks along the NEC between Frank R. 
Lautenberg Station and the new tunnel portal;
     Construction of the new tunnel using Tunnel Boring Machine 
(TBM) technology, which is conducted underground from a tunnel portal. 
At this time, it is anticipated that tunneling would likely occur from 
the New Jersey side of the new tunnel;
     Construction staging sites near the tunnel portal and at 
the vent shaft site in New Jersey. These locations would be used to 
access the tunnel and to remove rock from the tunnel while it is being 
bored;
     Construction staging site at the vent shaft site in 
Manhattan; and
     Potential construction activities that affect the Hudson 
River riverbed above the tunnel location.
    Alternatives will be developed based on the purpose of and need for 
the Project, information obtained through the scoping process, and 
information from previous studies. The EIS process will consider a No 
Action Alternative and a reasonable range of Build Alternatives 
identified through an alternatives development process. The Draft EIS 
will document the alternatives development and screening process. On 
the basis of that screening process and further analysis in the Draft 
EIS itself, FRA anticipates that the Draft EIS will also identify and 
describe the Preferred Alternative consistent with 40 CFR 1502.14(e).

Possible Effects

    Consistent with NEPA and FRA's Environmental Procedures, the EIS 
will consider the potential direct, indirect, and cumulative effects of 
the Project alternatives on the social, economic, and environmental 
resources in the study area. This analysis will include identification 
of study areas; documentation of the affected environment; evaluation 
of direct and indirect effects of the alternatives; and identification 
of measures to avoid and/or mitigate adverse impacts.
    The analysis will include detailed consideration of impacts that 
would occur during the Project's construction--including construction 
of the new tunnel and rehabilitation of the existing tunnel--as well as 
consideration of the impacts once the construction is complete. The 
Proposed Action would not expand capacity on this portion of the NEC as 
compared to the No Action Alternative, and therefore service changes 
are not an anticipated consequence of the Proposed Action. FRA and NJ 
TRANSIT will evaluate direct, indirect and cumulative changes to the 
human and natural environment resulting from the alternatives, 
including analyses of the following resource areas:
     Transportation;
     Social and economic conditions;
     Property acquisition;
     Parks and recreational resources;
     Visual and aesthetic resources;
     Historic and archaeological resources;
     Air quality;
     Greenhouse gas emissions and resilience;
     Noise and vibration;
     Ecology (including wetlands, water and sediment quality, 
floodplains, and biological resources);
     Threatened and endangered species;
     Contaminated materials; and
     Environmental justice.
A Section 4(f) evaluation will also be included in the Draft EIS.

Scoping, Public Involvement, and Agency Coordination

    This NOI initiates the scoping process under NEPA, which helps 
guide the development of the Draft EIS. FRA and NJ TRANSIT invite all 
interested individuals, organizations, and federal, state, and local 
agencies to comment on the scope of the EIS. Comments are encouraged on 
the Proposed Action's purpose and need; the alternatives to consider in 
the EIS; the analyses to include in the EIS and the study area and 
methodologies to be used; the approach for public and agency 
involvement; and any particular concerns about the anticipated impacts 
of the Proposed Action.
    Public agencies with jurisdiction are requested to advise FRA of 
the applicable permit and environmental review requirements of each 
agency, and the scope and content of the environmental information 
germane to the agency's statutory responsibilities in connection with 
the Proposed Action. Public agencies are requested to advise FRA if 
they anticipate taking a major action in connection with the Proposed 
Action and if they wish to cooperate in the preparation of the EIS 
under 40 CFR 1501.16.
    FRA will coordinate with participating agencies during development 
of the Draft EIS under 23 U.S.C. 139. FRA will also coordinate with 
federally recognized tribes and Consulting Parties established under 
Section 106 of the NHPA.
    The lead agencies will invite all Federal and non-Federal agencies 
and Native American tribes that may have an interest in the Proposed 
Action to become participating agencies for the EIS. If an agency or 
tribe is not invited and would like to participate, please contact FRA 
at the contact information listed above. The lead agencies will develop 
a Coordination Plan summarizing how they will engage the public, 
agencies, and tribes in the process. The Coordination Plan will be 
posted to the Project Web site (www.hudsontunnelproject.com) and to 
FRA's Web site (www.fra.dot.gov/Page/P0214). NJ TRANSIT will lead the 
outreach activities during the public scoping process, beginning with 
the scoping meeting and comment period identified under DATES above. 
Public meetings, open houses and other public involvement initiatives, 
including newsletters and outreach, will be held and used throughout 
the course of this study. Public outreach activities will be announced 
on the Project Web site (www.hudsontunnelproject.com) and through 
mailings, public notices, advertisements and press releases.


[[Page 26312]]


    Issued in Washington, DC, on April 27, 2016.
Amitabha Bose,
Chief Counsel.
[FR Doc. 2016-10277 Filed 4-28-16; 11:15 am]
 BILLING CODE 4910-06-P



                                                26308                            Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices

                                                Jose R. Pitre Rodriguez                                 Class C CDL from North Carolina. His                  comment into the text box in the
                                                   Mr. Pitre Rodriguez, 57, has had                     driving record for the last 3 years shows             following screen. Choose whether you
                                                amblyopia in his right eye since                        no crashes and no convictions for                     are submitting your comment as an
                                                childhood. The visual acuity in his right               moving violations in a CMV.                           individual or on behalf of a third party
                                                eye is 20/400, and in his left eye, 20/20.                                                                    and then submit. If you submit your
                                                                                                        Vladimir Szudor
                                                Following an examination in 2015, his                                                                         comments by mail or hand delivery,
                                                                                                          Mr. Szudor, 44, has had amblyopia in                submit them in an unbound format, no
                                                optometrist stated, ‘‘Mr. Pitre has
                                                sufficient vision to perform the driving                his right eye since childhood. The                    larger than 81⁄2 by 11 inches, suitable for
                                                test required and to operate a                          visual acuity in his right eye is 20/200,             copying and electronic filing. If you
                                                commercial vehicle.’’ Mr. Pitre                         and in his left eye, 20/20. Following an              submit comments by mail and would
                                                Rodriguez reported that he has driven                   examination in 2015, his optometrist                  like to know that they reached the
                                                straight trucks for 23 years,                           stated, ‘‘Yes, Mr. Szudor has sufficient              facility, please enclose a stamped, self-
                                                accumulating 61,600 miles. He holds a                   vision to perform the driving tasks to                addressed postcard or envelope.
                                                Class A CDL from FL. His driving record                 operate commercial vehicle.’’ Mr.                        FMCSA will consider all comments
                                                for the last 3 years shows no crashes and               Szudor reported that he has driven                    and material received during the
                                                no convictions for moving violations in                 buses for 8 years, accumulating 320,000               comment period. FMCSA may issue a
                                                a CMV.                                                  miles. He holds an operator’s license                 final determination at any time after the
                                                                                                        from Florida. His driving record for the              close of the comment period.
                                                John Rueckert                                           last 3 years shows no crashes and no
                                                                                                        convictions for moving violations in a                Viewing Comments and Documents
                                                   Mr. Rueckert, 63, had a retinal
                                                detachment in his left eye in 2013. The                 CMV.                                                     To view comments, as well as
                                                visual acuity in his right eye is 20/20,                                                                      documents mentioned in this preamble
                                                                                                        Marvin S. Zimmerman                                   as being available in the docket, go to
                                                and in his left eye, 20/100. Following an
                                                examination in 2015, his optometrist                      Mr. Zimmerman, 69, has had                          http://www.regulations.gov and insert
                                                stated, ‘‘In my opinion, John has                       amblyopia in his right eye since                      the docket number FMCSA–2016–0027
                                                sufficient vision to perform the driving                childhood. The visual acuity in his right             in the ‘‘Keyword’’ box and click
                                                tasks required to operate a commercial                  eye is light perception, and in his left              ‘‘Search.’’ Next, click ‘‘Open Docket
                                                vehicle.’’ Mr. Rueckert reported that he                eye, 20/20. Following an examination in               Folder’’ button and choose the
                                                has driven straight trucks for 45 years,                2015, his optometrist stated, ‘‘In my                 document listed to review. If you do not
                                                accumulating 2.25 million miles and                     medical opinion Mr. Zimmerman has                     have access to the Internet, you may
                                                tractor-trailer combinations for 39 years,              sufficient vision to perform the driving              view the docket online by visiting the
                                                accumulating 5.85 million miles. He                     tasks required to operate a commercial                Docket Management Facility in Room
                                                holds a Class A CDL from South Dakota.                  vehicle.’’ Mr. Zimmerman reported that                W12–140 on the ground floor of the
                                                His driving record for the last 3 years                 he has driven tractor-trailer                         DOT West Building, 1200 New Jersey
                                                shows no crashes and no convictions for                 combinations for 40 years, accumulating               Avenue SE., Washington, DC 20590,
                                                moving violations in a CMV.                             5.2 million miles. He holds a Class A                 between 9 a.m. and 5 p.m., e.t., Monday
                                                                                                        CDL from Pennsylvania. His driving                    through Friday, except Federal holidays.
                                                Joseph W. Schmit                                        record for the last 3 years shows no                    Issued on: April 26, 2016.
                                                   Mr. Schmit, 54, has a prosthetic left                crashes and no convictions for moving
                                                                                                                                                              Larry W. Minor,
                                                eye due to a traumatic incident in 1987.                violations in a CMV.
                                                The visual acuity in his right eye is 20/                                                                     Associate Administrator for Policy.
                                                20, and in his left eye, no light                       III. Public Participation and Request for             [FR Doc. 2016–10200 Filed 4–29–16; 8:45 am]
                                                perception. Following an examination                    Comments                                              BILLING CODE 4910–EX–P
                                                in 2016, his optometrist stated, ‘‘It is my                FMCSA encourages you to participate
                                                medical opinion that he has sufficient                  by submitting comments and related
                                                vision to perform the driving tasks                     materials.                                            DEPARTMENT OF TRANSPORTATION
                                                required to operate a commercial                        Submitting Comments
                                                vehicle.’’ Mr. Schmit reported that he                                                                        Federal Railroad Administration
                                                has driven straight trucks for 20 years,                   If you submit a comment, please
                                                                                                        include the docket number for this                    Environmental Impact Statement (EIS)
                                                accumulating 250,000 miles and tractor-                                                                       for the Hudson Tunnel Project in
                                                trailer combinations for 4 years,                       notice, indicate the specific section of
                                                                                                        this document to which each comment                   Hudson County, New Jersey and New
                                                accumulating 22,000 miles. He holds a                                                                         York County, New York
                                                Class A CDL from Nebraska. His driving                  applies, and provide a reason for each
                                                record for the last 3 years shows no                    suggestion or recommendation. You                     AGENCY: Federal Railroad
                                                crashes and no convictions for moving                   may submit your comments and                          Administration (FRA), Department of
                                                violations in a CMV.                                    material online or by fax, mail, or hand              Transportation (DOT).
                                                                                                        delivery, but please use only one of                  ACTION: Notice of intent (NOI) to prepare
                                                Douglas R. Strickland                                   these means. FMCSA recommends that                    an Environmental Impact Statement
                                                   Mr. Strickland, 25, has had refractive               you include your name and a mailing                   (EIS).
                                                amblyopia in his right eye since                        address, an email address, or a phone
                                                childhood. The visual acuity in his right               number in the body of your document                   SUMMARY:  Through this Notice, FRA
                                                eye is 20/400, and in his left eye, 20/20.              so the Agency can contact you if it has               announces its intent to jointly prepare
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Following an examination in 2015, his                   questions regarding your submission.                  an environmental impact statement
                                                optometrist stated, ‘‘He should be                         To submit your comment online, go to               (EIS) with the New Jersey Transit
                                                cleared to drive a commercial vehicle                   http://www.regulations.gov and put the                Corporation (NJ TRANSIT) for the
                                                from a visual standpoint in my                          docket number FMCSA–2016–0027 in                      Hudson Tunnel Project (the Proposed
                                                opinion.’’ Mr. Strickland reported that                 the ‘‘Keyword’’ box, and click ‘‘Search.              Action or the Project) under the
                                                he has driven straight trucks for 8 years,              When the new screen appears, click on                 National Environmental Policy Act
                                                accumulating 12,800 miles. He holds a                   ‘‘Comment Now!’’ button and type your                 (NEPA). The Proposed Action is


                                           VerDate Sep<11>2014   20:30 Apr 29, 2016   Jkt 238001   PO 00000   Frm 00111   Fmt 4703   Sfmt 4703   E:\FR\FM\02MYN1.SGM   02MYN1


                                                                                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices                                             26309

                                                intended to preserve the current                        special translation or signing services or            Essential Fish Habitat; the Coastal Zone
                                                functionality of the Northeast Corridor’s               other special accommodations, please                  Management Act; and Executive Order
                                                (NEC) Hudson River rail crossing                        contact the Project team five days prior              12898 on Environmental Justice. The
                                                between New Jersey and New York and                     to the meeting at 973–261–8115, or                    EIS will provide FRA, NJ TRANSIT, and
                                                strengthen the resilience of the NEC.                   email team@hudsontunnelproject.com.                   other cooperating and participating
                                                The Project would consist of                               FRA and NJ TRANSIT will give equal                 agencies and the public with
                                                construction of a new rail tunnel                       consideration to oral and written                     information about alternatives that meet
                                                beneath the Hudson River, including                     comments.                                             the Proposed Action’s purpose and
                                                railroad infrastructure in New Jersey                   ADDRESSES: The public and other                       need, including their environmental
                                                and New York connecting the new rail                    interested parties are encouraged to                  impacts and appropriate measures to
                                                tunnel to the existing NEC, and                         comment via the internet at the Project’s             avoid, minimize, and mitigate those
                                                rehabilitation of the existing NEC tunnel               Web site                                              impacts.
                                                beneath the Hudson River, referred to as                (www.hudsontunnelproject.com) or via                     The Proposed Action may affect
                                                the North River Tunnel. The EIS will                    email at team@                                        historic properties and will be subject to
                                                evaluate the potential environmental                    hudsontunnelproject.com. You can also                 the requirements of Section 106 of the
                                                impacts of a reasonable range of                        send written comments by mail to                      NHPA (54 U.S.C. 306108). Consistent
                                                alternatives, including the No Action                   persons identified below.                             with regulations issued by the Advisory
                                                (No Build) Alternative. As appropriate,                                                                       Council on Historic Preservation (36
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                FRA and NJ TRANSIT will coordinate                                                                            CFR part 800), FRA intends to
                                                                                                        Amishi Castelli, Ph.D., Environmental
                                                with the National Railroad Passenger                                                                          coordinate compliance with Section 106
                                                                                                        Protection Specialist, Office of Railroad
                                                Corporation (Amtrak), as owner of the                                                                         of the NHPA with the preparation of the
                                                                                                        Policy and Development, USDOT
                                                North River Tunnel, and the Port                                                                              EIS. The public and interested parties
                                                                                                        Federal Railroad Administration, One
                                                Authority of New York and New Jersey                                                                          may also provide input relevant to
                                                                                                        Bowling Green, Suite 429, New York,
                                                (PANYNJ) on the EIS.                                                                                          FRA’s review under Section 106
                                                                                                        NY 10004, or Amishi.Castelli@dot.gov;
                                                   FRA invites the public and all                                                                             including identifying potentially
                                                                                                        or Mr. RJ Palladino, AICP, PP, Senior
                                                interested parties to provide comments                                                                        eligible resources and the potential
                                                                                                        Program Manager, NJ TRANSIT Capital
                                                on the scope of the EIS, including the                                                                        effect of the Proposed Action on those
                                                                                                        Planning, One Penn Plaza East—8th
                                                proposed purpose and need, the                                                                                resources. In addition, the public or
                                                                                                        Floor, Newark, NJ 07105, or
                                                Proposed Action and alternatives to be                                                                        other interested parties may also request
                                                                                                        RPalladino@njtransit.com.
                                                considered in the EIS, potential                                                                              to participate in the Section 106 process
                                                                                                        SUPPLEMENTARY INFORMATION: FRA and                    as a consulting party under 36 CFR part
                                                environmental impacts of concern and                    NJ TRANSIT will prepare the EIS in
                                                methodologies to be used in the EIS, the                                                                      800.
                                                                                                        compliance with NEPA, the Council on
                                                approach for public and agency                          Environmental Quality (CEQ)                           Project Background
                                                involvement, and any other particular                   regulations implementing NEPA (40                        The existing NEC rail tunnel beneath
                                                concerns about the potential impacts of                 CFR parts 1500–1508), and the FRA                     the Hudson River is known as the North
                                                the Proposed Action.                                    Procedures for Considering                            River Tunnel. This tunnel is used by
                                                DATES: Persons interested in providing                  Environmental Impacts (FRA’s                          Amtrak for intercity passenger rail
                                                written comments on the scope of the                    Environmental Procedures) (64 FR                      service and by NJ TRANSIT for
                                                EIS must do so by May 31, 2016. Please                  28545, May 26, 1999; 78 FR 2713, Jan.                 commuter rail service. The approach to
                                                submit written comments via the                         14, 2013). Consistent with Section                    the tunnel begins east of NJ TRANSIT’s
                                                internet, email, or mail, using the                     11503 of the Fixing America’s Surface                 Frank R. Lautenberg Station in
                                                contact information provided below.                     Transportation Act of 2015 (FAST Act),                Secaucus, New Jersey (which is 5 miles
                                                   Persons may also provide comments                    FRA and NJ TRANSIT will prepare the                   east of Amtrak and NJ TRANSIT’s
                                                orally or in writing at the public scoping              EIS consistent with 23 U.S.C. 139. After              Newark Penn Station). East of the
                                                meetings. FRA and NJ TRANSIT will                       release and circulation of a Draft EIS for            Secaucus station, the NEC has two
                                                hold two scoping meetings on the                        public comment, FRA intends to issue                  tracks that approach the tunnel on a
                                                following dates:                                        a single document that consists of the                raised embankment through the towns
                                                   • May 17, 2016, at the Hotel                         Final EIS and Record of Decision under                of Secaucus and North Bergen, New
                                                Pennsylvania, Gold Ballroom, 3rd Floor,                 Public Law 112–141, 126 Stat. 405,                    Jersey. Tracks enter a tunnel portal in
                                                401 Seventh Avenue at West 33rd                         Section 1319(b) unless it determines the              North Bergen, passing beneath Union
                                                Street, New York, New York 10001.                       statutory criteria or practicability                  City and Weehawken, New Jersey and
                                                   • May 19, 2016, at Union City High                   considerations preclude issuing a                     the Hudson River before emerging
                                                School, 2500 Kennedy Boulevard,                         combined document.                                    within the Penn Station New York
                                                Union City, New Jersey 07087.                              The EIS will also document                         (PSNY) rail complex in New York City.
                                                   Both days will include an afternoon                  compliance with other applicable                      The tunnel has two separate tubes, each
                                                session from 3 to 5 p.m. with a brief                   Federal, state, and local environmental               accommodating a single track for
                                                presentation about the Proposed Action                  laws and regulations, including Section               electrically powered trains, and extends
                                                at 4 p.m., and an evening session from                  106 of the National Historic                          approximately 2.5 miles from the tunnel
                                                6 to 8 p.m. with a brief presentation                   Preservation Act (NHPA); the                          portal in North Bergen to PSNY. The
                                                about the Proposed Action at 7 p.m. The                 Conformity requirements of the Clean                  existing North River Tunnel is a critical
                                                public can review Project information,                  Air Act; the Clean Water Act; Section                 NEC asset and is the only intercity
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                                                talk informally with members of the                     4(f) of the Department of Transportation              passenger rail crossing into New York
                                                study staff, and formally submit                        Act of 1966 (Section 4(f)); the                       City from New Jersey and areas west
                                                comments to the FRA (to a stenographer                  Endangered Species Act; Executive                     and south.
                                                or in writing). The meeting facilities                  Order 11988 and USDOT Order 5650.2                       The NEC is the most heavily used
                                                will be accessible to persons with                      on Floodplain Management; Executive                   passenger rail line in the U.S., both in
                                                disabilities. Spanish language                          Order 11990 on Protection of Wetlands;                terms of ridership and service
                                                translators will be present. If you need                the Magnuson-Stevens Act related to                   frequency. Amtrak operates over the


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                                                26310                            Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices

                                                entire NEC, providing regional service,                 other projects analyzed in the NEC                    and bench walls, causing ongoing
                                                long distance service, and high-speed                   FUTURE EIS. All three build                           damage to the bench walls, imbedded
                                                Acela Express service. Amtrak owns the                  alternatives evaluated in the NEC                     steel, track, and signaling and electrical
                                                majority of the NEC, including the                      FUTURE Tier 1 Draft EIS FRA released                  components.
                                                North River Tunnel. NJ TRANSIT                          in November 2015 included new                            The damage Superstorm Sandy
                                                operates an extensive commuter rail                     Hudson River tunnel investments                       caused is compounded by the tunnel’s
                                                network in New Jersey that extends to                   similar to this Proposed Action. This                 age and the intensity of its current use
                                                Philadelphia, Pennsylvania; Orange and                  EIS may incorporate the appropriate                   (operating at capacity to meet current
                                                Rockland Counties in New York; and                      analysis and other relevant elements                  demands), resulting in frequent delays
                                                New York City. Amtrak’s NEC service                     from the NEC FUTURE Tier 1 EIS while                  due to component failures within the
                                                and NJ TRANSIT’s commuter rail                          focusing on the issues specific to this               tunnel. With no other Hudson River
                                                service provide connections between                     independent Project.                                  passenger rail crossing into PSNY,
                                                the major cities of the Mid-Atlantic and                   As appropriate, FRA and NJ TRANSIT                 single-point failures can suspend rail
                                                Northeast states and commuter access                    will use the work conducted for the                   service, causing delays that cascade up
                                                for thousands of people who work in the                 ARC project and Amtrak’s feasibility                  and down the NEC as well as
                                                region. Therefore, both services are                    study to provide baseline information                 throughout NJ TRANSIT’s commuter
                                                important to the region’s economy. In                   for the study of the Proposed Action.                 system, disrupting service for hundreds
                                                2014, Amtrak carried approximately                      While the Proposed Action addresses                   of thousands of passengers. For
                                                24,000 weekday passengers each day on                   maintenance and resilience of the NEC                 example, on March 17, 2016, a NJ
                                                more than 100 trains between New York                   Hudson River crossing, it would not                   TRANSIT train became disabled in one
                                                and New Jersey. NJ TRANSIT carried                      increase rail capacity. At the same time,             of the tunnel’s tubes during the morning
                                                almost 90,000 weekday passengers each                   the Proposed Action would not                         peak period, resulting in delays to 57
                                                day on approximately 350 trains                         preclude other future projects to expand              other Amtrak and NJ TRANSIT trains
                                                between New York and New Jersey.                        rail capacity in the area. Accordingly,               headed into and out of PSNY that day.
                                                   Extensive engineering work and                       although the Proposed Action may also                 Service disruptions will continue and
                                                environmental documentation have                        be an element of a larger program to                  will over time happen more frequently
                                                been prepared over the past two decades                 expand rail capacity, it would meet an                as the deterioration from the seawater
                                                for a new Hudson River rail tunnel. This                urgent existing need and will be                      inundation continues and components
                                                has included the detailed studies and                   evaluated as a separate project from any              fail in an unpredictable manner.
                                                design conducted for the Access to the                  larger initiative. Ultimately, an increase               Because of the importance of the
                                                Region’s Core (ARC) project from 1995                   in service between Newark Penn Station                North River Tunnel to essential
                                                through 2010. The ARC project                           and PSNY would not occur until other                  commuter and intercity rail service
                                                evaluated several options for                           substantial infrastructure capacity                   between New Jersey and New York,
                                                construction of a new tunnel under the                  improvements are built in addition to a               City, rehabilitation of the existing North
                                                Hudson River in combination with an                     new Hudson River rail tunnel. These                   River Tunnel must be accomplished
                                                expansion of station capacity in                        improvements will be the subject of one               without unacceptable reductions in
                                                midtown Manhattan to accommodate                        or more separate design, engineering,                 weekday service. Removing one tube in
                                                growing passenger demand. In addition,                  and appropriate environmental reviews.                the existing North River Tunnel from
                                                Amtrak conducted the Gateway Program                                                                          operation without new capacity in place
                                                                                                        Purpose and Need                                      would reduce weekday service to
                                                Feasibility Study in 2011–2013, which
                                                assessed options for constructing a new                    The purpose of the Proposed Action                 volumes well below the current
                                                Hudson River tunnel. Amtrak’s Gateway                   is: (1) To preserve the current                       maximum capacity of 24 peak direction
                                                Program envisions a series of                           functionality of Amtrak’s NEC service                 trains per hour.
                                                improvement projects to upgrade and                     and NJ TRANSIT’s commuter rail                           In addition, the existing two-track
                                                expand the capacity of the NEC. While                   service between New Jersey and PSNY                   North River Tunnel is operating at full
                                                many of the Gateway improvements are                    by repairing the deteriorating North                  capacity and does not provide
                                                still being fully defined, a new Hudson                 River Tunnel; and (2) to strengthen the               redundancy for reliable train operations
                                                Tunnel on the NEC is urgently needed                    NEC’s resiliency to support reliable rail             during disruptions or maintenance.
                                                to maintain existing service.                           service by providing redundant capacity               Therefore, any service disruption results
                                                   In 2012, the FRA launched the NEC                    under the Hudson River for Amtrak and                 in major passenger delays and
                                                FUTURE study to consider the role of                    NJ TRANSIT NEC trains between New                     substantial reductions to overall system
                                                rail passenger service in the context of                Jersey and the existing PSNY. These                   flexibility, reliability and on-time
                                                current and future transportation                       improvements must be achieved while                   performance. This condition is
                                                demands and to evaluate the                             maintaining uninterrupted commuter                    exacerbated by the need to perform
                                                appropriate level of capacity                           and intercity rail service and by                     increased maintenance to address
                                                improvements to make across the NEC.                    optimizing the use of existing                        damage Superstorm Sandy caused.
                                                The intent of the NEC FUTURE program                    infrastructure.                                       These maintenance demands are
                                                is to help develop a long-term vision                      Service reliability through the tunnel             difficult to meet because of the intensity
                                                and investment program for the NEC.                     has been compromised due to damage to                 of rail service in the tunnel. Efforts to
                                                Through NEC FUTURE, FRA is                              tunnel components Superstorm Sandy                    maintain the North River Tunnel in a
                                                currently evaluating overall capacity                   caused, when it inundated both tubes in               functional condition currently require
                                                improvements and environmental                          the North River Tunnel with seawater in               nightly and weekend tunnel outages
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                                                consequences associated with improved                   October 2012. That storm resulted in the              with reductions in service due to single-
                                                NEC rail services, including trans-                     cancellation of all Amtrak and NJ                     track operations. Train service is
                                                Hudson service. However, as described                   TRANSIT service into New York City                    adjusted to allow the closure of one tube
                                                above, this Proposed Action addresses a                 for five days. Although the tunnel was                of the North River Tunnel each weekend
                                                specific need due to the deterioration of               restored to service and is now safe for               for maintenance for a 55-hour window
                                                the existing North River Tunnel and can                 travel, chlorides from the seawater                   beginning Friday evening and ending
                                                be considered independently from the                    remain in the tunnel’s concrete liner                 early Monday morning.


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                                                                                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices                                             26311

                                                Proposed Action and Alternatives                        Draft EIS will document the alternatives              individuals, organizations, and federal,
                                                   The Proposed Action, the Hudson                      development and screening process. On                 state, and local agencies to comment on
                                                Tunnel Project, consists of:                            the basis of that screening process and               the scope of the EIS. Comments are
                                                   • A new NEC rail tunnel with two                     further analysis in the Draft EIS itself,             encouraged on the Proposed Action’s
                                                tubes and electrified tracks beneath the                FRA anticipates that the Draft EIS will               purpose and need; the alternatives to
                                                Hudson River, extending from a new                      also identify and describe the Preferred              consider in the EIS; the analyses to
                                                tunnel portal in North Bergen, New                      Alternative consistent with 40 CFR                    include in the EIS and the study area
                                                Jersey to the PSNY rail complex;                        1502.14(e).                                           and methodologies to be used; the
                                                   • Ventilation shaft buildings above                  Possible Effects                                      approach for public and agency
                                                the tunnel on both sides of the Hudson                                                                        involvement; and any particular
                                                                                                           Consistent with NEPA and FRA’s
                                                River to provide smoke ventilation                                                                            concerns about the anticipated impacts
                                                                                                        Environmental Procedures, the EIS will
                                                during emergencies;                                                                                           of the Proposed Action.
                                                                                                        consider the potential direct, indirect,
                                                   • Modifications to the existing NEC                                                                           Public agencies with jurisdiction are
                                                                                                        and cumulative effects of the Project
                                                tracks in New Jersey and additional
                                                                                                        alternatives on the social, economic,                 requested to advise FRA of the
                                                track on the NEC to connect the new
                                                                                                        and environmental resources in the                    applicable permit and environmental
                                                tunnel to the NEC, beginning just east of
                                                                                                        study area. This analysis will include                review requirements of each agency,
                                                Frank R. Lautenberg Station in
                                                                                                        identification of study areas;                        and the scope and content of the
                                                Secaucus, New Jersey, and approaching
                                                                                                        documentation of the affected                         environmental information germane to
                                                the new tunnel portal in North Bergen,
                                                                                                        environment; evaluation of direct and                 the agency’s statutory responsibilities in
                                                New Jersey;
                                                   • Modifications to connecting rail                   indirect effects of the alternatives; and             connection with the Proposed Action.
                                                infrastructure at PSNY to connect the                   identification of measures to avoid and/              Public agencies are requested to advise
                                                new tunnel’s tracks to the existing                     or mitigate adverse impacts.                          FRA if they anticipate taking a major
                                                                                                           The analysis will include detailed                 action in connection with the Proposed
                                                tracks at PSNY; and
                                                                                                        consideration of impacts that would
                                                   • Rehabilitation of the existing North                                                                     Action and if they wish to cooperate in
                                                                                                        occur during the Project’s                            the preparation of the EIS under 40 CFR
                                                River Tunnel.
                                                                                                        construction—including construction of
                                                Once the North River Tunnel                                                                                   1501.16.
                                                                                                        the new tunnel and rehabilitation of the
                                                rehabilitation is complete, both the old                                                                         FRA will coordinate with
                                                                                                        existing tunnel—as well as
                                                and new tunnel would be in service,                                                                           participating agencies during
                                                                                                        consideration of the impacts once the
                                                providing redundant capacity and                                                                              development of the Draft EIS under 23
                                                                                                        construction is complete. The Proposed
                                                increased operational flexibility for
                                                                                                        Action would not expand capacity on                   U.S.C. 139. FRA will also coordinate
                                                Amtrak and NJ TRANSIT.
                                                                                                        this portion of the NEC as compared to                with federally recognized tribes and
                                                   In addition to those permanent
                                                                                                        the No Action Alternative, and therefore              Consulting Parties established under
                                                features, the Proposed Action would
                                                involve the following types of                          service changes are not an anticipated                Section 106 of the NHPA.
                                                construction activities, which will be                  consequence of the Proposed Action.                      The lead agencies will invite all
                                                described and evaluated in the Draft                    FRA and NJ TRANSIT will evaluate                      Federal and non-Federal agencies and
                                                EIS:                                                    direct, indirect and cumulative changes               Native American tribes that may have
                                                   • Construction of new tracks along                   to the human and natural environment
                                                                                                                                                              an interest in the Proposed Action to
                                                the NEC between Frank R. Lautenberg                     resulting from the alternatives,
                                                                                                                                                              become participating agencies for the
                                                Station and the new tunnel portal;                      including analyses of the following
                                                                                                        resource areas:                                       EIS. If an agency or tribe is not invited
                                                   • Construction of the new tunnel                                                                           and would like to participate, please
                                                                                                           • Transportation;
                                                using Tunnel Boring Machine (TBM)                                                                             contact FRA at the contact information
                                                                                                           • Social and economic conditions;
                                                technology, which is conducted
                                                                                                           • Property acquisition;                            listed above. The lead agencies will
                                                underground from a tunnel portal. At                       • Parks and recreational resources;                develop a Coordination Plan
                                                this time, it is anticipated that tunneling                • Visual and aesthetic resources;                  summarizing how they will engage the
                                                would likely occur from the New Jersey                     • Historic and archaeological                      public, agencies, and tribes in the
                                                side of the new tunnel;                                 resources;                                            process. The Coordination Plan will be
                                                   • Construction staging sites near the                   • Air quality;                                     posted to the Project Web site
                                                tunnel portal and at the vent shaft site                   • Greenhouse gas emissions and                     (www.hudsontunnelproject.com) and to
                                                in New Jersey. These locations would be                 resilience;                                           FRA’s Web site (www.fra.dot.gov/Page/
                                                used to access the tunnel and to remove                    • Noise and vibration;                             P0214). NJ TRANSIT will lead the
                                                rock from the tunnel while it is being                     • Ecology (including wetlands, water               outreach activities during the public
                                                bored;                                                  and sediment quality, floodplains, and
                                                   • Construction staging site at the vent                                                                    scoping process, beginning with the
                                                                                                        biological resources);
                                                                                                                                                              scoping meeting and comment period
                                                shaft site in Manhattan; and                               • Threatened and endangered
                                                   • Potential construction activities that             species;                                              identified under DATES above. Public
                                                affect the Hudson River riverbed above                     • Contaminated materials; and                      meetings, open houses and other public
                                                the tunnel location.                                       • Environmental justice.                           involvement initiatives, including
                                                   Alternatives will be developed based                 A Section 4(f) evaluation will also be                newsletters and outreach, will be held
                                                on the purpose of and need for the                                                                            and used throughout the course of this
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                                                                                                        included in the Draft EIS.
                                                Project, information obtained through                                                                         study. Public outreach activities will be
                                                the scoping process, and information                    Scoping, Public Involvement, and                      announced on the Project Web site
                                                from previous studies. The EIS process                  Agency Coordination                                   (www.hudsontunnelproject.com) and
                                                will consider a No Action Alternative                     This NOI initiates the scoping process              through mailings, public notices,
                                                and a reasonable range of Build                         under NEPA, which helps guide the                     advertisements and press releases.
                                                Alternatives identified through an                      development of the Draft EIS. FRA and
                                                alternatives development process. The                   NJ TRANSIT invite all interested


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                                                26312                            Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices

                                                  Issued in Washington, DC, on April 27,                  You may call the Docket at 202–366–                 currently approved collection of
                                                2016.                                                   9322.                                                 information:
                                                Amitabha Bose,                                            Note that all comments received will
                                                                                                                                                              Criminal Penalty Safe Harbor Provision
                                                Chief Counsel.                                          be posted without change to http://
                                                [FR Doc. 2016–10277 Filed 4–28–16; 11:15 am]            www.regulations.gov, including any                       Type of Request—Extension, without
                                                BILLING CODE 4910–06–P                                  personal information provided. Please                 change, of a currently approved
                                                                                                        see the Privacy Act discussion below.                 collection.
                                                                                                          Privacy Act: Anyone is able to search                  OMB Clearance Number—2127–0609.
                                                DEPARTMENT OF TRANSPORTATION                            the electronic form of all comments                      Form Number—This collection of
                                                                                                        received into any of our dockets by the               information uses no standard forms.
                                                National Highway Traffic Safety                         name of the individual submitting the                    Requested Expiration Date of
                                                Administration                                          comment (or signing the comment, if                   Approval—Three (3) years from the date
                                                                                                        submitted on behalf of an association,                of approval of the collection.
                                                [Docket No. NHTSA–2016–0053]                                                                                     Summary of the Collection of
                                                                                                        business, labor union, etc.). You may
                                                                                                                                                              Information—Each person seeking safe
                                                Reports, Forms and Record Keeping                       review DOT’s complete Privacy Act
                                                                                                                                                              harbor protection from criminal
                                                Requirements, Agency Information                        Statement in the Federal Register                     penalties under 49 U.S.C. 30170 related
                                                Collection Activity Under OMB Review                    published on April 11, 2000 (65 FR                    to an improper report or failure to report
                                                                                                        19477–78).                                            is required to submit the following
                                                AGENCY:  National Highway Traffic
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      information to NHTSA: (1) A signed and
                                                Safety Administration (NHTSA),
                                                                                                        Kerry Kolodziej, Office of the Chief                  dated document that identifies (a) each
                                                Department of Transportation.
                                                                                                        Counsel, NCC–100, National Highway                    previous improper report and each
                                                ACTION: Notice of proposed extension,
                                                                                                        Traffic Safety Administration, 1200 New               failure to report as required under 49
                                                without change, of a currently approved                 Jersey Avenue SE., Washington, DC
                                                collection of information.                                                                                    U.S.C. 30166, including a regulation,
                                                                                                        20590 (telephone: 202–366–5263).                      requirement, request or order issued
                                                SUMMARY:   Before a federal agency may                  Please identify the relevant collection of            thereunder, for which protection is
                                                collect certain information from the                    information by referring to OMB                       sought and (b) the specific predicate
                                                public, the agency must receive                         Clearance Number 2127–0609 ‘‘Criminal                 under which the improper or omitted
                                                approval from the Office of Management                  Penalty Safe Harbor Provision.’’                      report should have been provided; and
                                                and Budget (‘‘OMB’’). Under procedures                  SUPPLEMENTARY INFORMATION: Under the                  (2) the complete and correct information
                                                established by the Paperwork Reduction                  Paperwork Reduction Act of 1995,                      that was required to be submitted but
                                                Act of 1995 (44 U.S.C. 3501 et seq.),                   before an agency submits a proposed                   was improperly submitted or was not
                                                before seeking OMB approval, federal                    collection of information to OMB for                  previously submitted, including
                                                agencies must solicit public comment                    approval, it must publish a document in               relevant documents that were not
                                                on proposed collections of information,                 the Federal Register providing a 60-day               previously submitted to NHTSA or, if
                                                including extensions and reinstatements                 comment period and otherwise consult                  the person cannot do so, provide a
                                                of previously approved collections. In                  with members of the public and affected               detailed description of that information
                                                compliance with the Paperwork                           agencies concerning each proposed                     and/or the content of those documents
                                                Reduction Act of 1995, this notice                      collection of information. The OMB has                and the reason why the individual
                                                describes one collection of information                 promulgated regulations describing                    cannot provide them to NHTSA. See 49
                                                for which NHTSA intends to seek OMB                     what must be included in such a                       U.S.C. 30170(a)(2) and 49 CFR 578.7;
                                                approval.                                               document. Under OMB’s regulations (at                 see also 66 FR 38380 (July 24, 2001)
                                                DATES: Comments must be submitted on                    5 CFR 1320.8(d)), an agency must ask                  (safe harbor final rule); 65 FR 81414
                                                or before July 1, 2016.                                 for public comment on the following:                  (Dec. 26, 2000) (safe harbor interim final
                                                ADDRESSES: You may submit comments                        (i) Whether the proposed collection of              rule).
                                                to the docket number identified in the                  information is necessary for the proper                  Description of the Need for the
                                                heading of this document by any of the                  performance of the functions of the                   Information and Use of the
                                                following methods:                                      agency, including whether the                         Information—This information
                                                   • Federal eRulemaking Portal: Go to                  information will have practical utility;              collection was mandated by Section 5 of
                                                http://www.regulations.gov. Follow the                    (ii) the accuracy of the agency’s                   the Transportation Recall Enhancement,
                                                online instructions for submitting                      estimate of the burden of the proposed                Accountability, and Documentation Act,
                                                comments.                                               collection of information, including the              codified at 49 U.S.C. 30170(a)(2). The
                                                   • Mail: Docket Management Facility,                  validity of the methodology and                       information collected will provide
                                                U.S. Department of Transportation,                      assumptions used;                                     NHTSA with information the Agency
                                                West Building, Ground Floor, Rm. W12–                     (iii) how to enhance the quality,                   should have received previously and
                                                140, 1200 New Jersey Avenue SE.,                        utility, and clarity of the information to            will also promptly provide the Agency
                                                Washington, DC 20590.                                   be collected; and                                     with correct information to do its
                                                   • Hand Delivery or Courier: West                       (iv) how to minimize the burden of                  analyses, such as, for example,
                                                Building Ground Floor, Room W12–140,                    the collection of information on those                conducting tests or drawing conclusions
                                                1200 New Jersey Avenue SE., between                     who are to respond, including the use                 about possible safety-related defects.
                                                9 a.m. and 5 p.m. Eastern Time, Monday                  of appropriate automated, electronic,                 NHTSA anticipates using this
                                                                                                        mechanical, or other technological                    information to help it to accomplish its
srobinson on DSK5SPTVN1PROD with NOTICES




                                                through Friday, except Federal holidays.
                                                   • Fax: (202) 493–2251.                               collection techniques or other forms of               statutory assignment of identifying
                                                   Regardless of how you submit your                    information technology, e.g., permitting              safety-related defects in motor vehicles
                                                comments, please be sure to mention                     electronic submission of responses.                   and motor vehicle equipment and, when
                                                the docket number of this document and                    In compliance with these                            appropriate, seeking safety recalls.
                                                cite OMB Clearance No. 2127–0609,                       requirements, NHTSA asks for public                      Description of the Likely Respondents,
                                                ‘‘Criminal Penalty Safe Harbor                          comment on the following proposed                     Including Estimated Number and
                                                Provision.’’                                            extension, without change, of a                       Proposed Frequency of Response to the


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Document Created: 2016-04-30 13:34:53
Document Modified: 2016-04-30 13:34:53
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 intent (NOI) to prepare an Environmental Impact Statement (EIS).
DatesPersons interested in providing written comments on the scope of the EIS must do so by May 31, 2016. Please submit written comments via the internet, email, or mail, using the contact information provided below.
ContactAmishi Castelli, Ph.D., Environmental Protection Specialist, Office of Railroad Policy and Development, USDOT Federal Railroad Administration, One Bowling Green, Suite 429, New York, NY 10004, or [email protected]; or Mr. RJ Palladino, AICP, PP, Senior Program Manager, NJ TRANSIT Capital Planning, One Penn Plaza East--8th Floor, Newark, NJ 07105, or [email protected]
FR Citation81 FR 26308 

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