81_FR_3872 81 FR 3858 - Notice of Final Federal Agency Actions on Proposed Transportation Project in and Between the States of New York and New Jersey: Cross Harbor Freight Program, Tier 1 Final Environmental Impact Statement

81 FR 3858 - Notice of Final Federal Agency Actions on Proposed Transportation Project in and Between the States of New York and New Jersey: Cross Harbor Freight Program, Tier 1 Final Environmental Impact Statement

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 14 (January 22, 2016)

Page Range3858-3859
FR Document2016-00687

This notice announces actions taken by the FHWA and other Federal Agencies that are final within the meaning of 23 U.S.C. 139(I)(1). The actions relate to the Cross Harbor Freight Program (CHFP) Tier I Final Environmental Impact Statement (Tier I FEIS), and consist of the issuance by FHWA of a record of decision (ROD), dated December 9, 2015, with respect to the Tier I FEIS . The Federal actions, taken as a result of a tiered environmental review process under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321- 4351) and implementing regulations on tiering (40 CFR 1502.20, 40 CFR 1508.28, and 23 CFR part 771), determined certain issues relating to the proposed projects. Those Tier 1 decisions will be used by Federal agencies in subsequent proceedings, including decisions whether to grant licenses, permits, and approvals for highway, rail, and transit projects. Tier 1 decisions may also be relied upon by State and local agencies in proceedings on the proposed projects.

Federal Register, Volume 81 Issue 14 (Friday, January 22, 2016) 
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3858-3859]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00687]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Transportation 
Project in and Between the States of New York and New Jersey: Cross 
Harbor Freight Program, Tier 1 Final Environmental Impact Statement

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

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other federal agencies.

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SUMMARY: This notice announces actions taken by the FHWA and other 
Federal Agencies that are final within the meaning of 23 U.S.C. 
139(I)(1). The actions relate to the Cross Harbor Freight Program 
(CHFP) Tier I Final Environmental Impact Statement (Tier I FEIS), and 
consist of the issuance by FHWA of a record of decision (ROD), dated 
December 9, 2015, with respect to the Tier I FEIS . The Federal 
actions, taken as a result of a tiered environmental review process 
under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321-
4351) and implementing regulations on tiering (40 CFR 1502.20, 40 CFR 
1508.28, and 23 CFR part 771), determined certain issues relating to 
the proposed projects. Those Tier 1 decisions will be used by Federal 
agencies in subsequent proceedings, including decisions whether to 
grant licenses, permits, and approvals for highway, rail, and transit 
projects. Tier 1 decisions may also be relied upon by State and local 
agencies in proceedings on the proposed projects.

DATES: By this notice, the FHWA is advising the public that it has made 
decisions that are subject to 23 U.S.C. 139(l)(1) and are final within 
the meaning of that law. A claim seeking judicial review of the Tier 1 
Federal agency decisions on the proposed highway, rail, and transit 
projects will be barred unless the claim is filed on or before June 20, 
2016.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Peter W. Osborn, 
Division Administrator, Federal Highway Administration, Leo W. O'Brien 
Federal Building, Albany, New York 12207; telephone (518) 431-4127; 
[email protected]. FHWA New York Division Office's normal business 
hours are 7:30 a.m. to 4:00 p.m., e.t.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
issued a Tier 1 FEIS and an ROD in connection with the proposed CHFP 
that aims to improve the movement of goods in the greater New York/New 
Jersey region by enhancing the transportation of freight across New 
York Harbor (Harbor). As part of the CHFP, FHWA and the Port Authority 
of New York and New Jersey (PANYNJ) are undertaking a tiered 
environmental impact statement process, pursuant to the NEPA, which 
studies the goods movement system serving the region today, and 
considers how that system could be improved through various 
alternatives for the transportation of freight across the Harbor.
    Tier I broadly examined the potential transportation and 
environmental effects from a range of alternatives, with the goal of 
selecting those alternative(s) for further study and potential 
implementation.
    FHWA and the PANYNJ issued a Tier I Draft Environmental Impact 
Statement (Tier I DEIS) in November 2014 for public review and comment. 
The Tier I DEIS analyzed 10 Build Alternatives and a No Action 
Alternative. The project team used a variety of forums to engage 
stakeholders and solicit public comment on the Tier I DEIS, including 
scoping meetings; public hearings; briefings for elected officials, 
community groups, business, environmental, and transportation 
advocates, and other stakeholders; workshops for Federal, State, and 
local government agencies having regulatory jurisdiction over, or 
expertise with respect to, the Alternatives under review; a project Web 
site; and informational materials made available in English, Chinese, 
Spanish, and Yiddish.
    Based on the findings in the Tier I DEIS, and in consideration of 
the written and oral comments received from the public, FHWA and PANYNJ 
issued a Tier I FEIS in September 2015, which included a Response to 
Comments chapter, and identified two of the Build Alternatives (the 
Enhanced Carfloat Alternative and the Rail Tunnel Alternative) as 
Preferred Alternatives that are recommended for more detailed, site-
specific review and analysis in a Tier II level of study.
    As Federal lead agency, FHWA issued a ROD on December 9, 2015, 
adopting the recommendations made in the Tier I FEIS and closing out 
Tier I of the study. It is important to note that neither the Tier I 
FEIS, nor the ROD, constitute a decision to implement any of the 
Alternatives that have been advanced for further consideration.
    The actions by FHWA and the laws under which such actions were 
taken, are described in the Tier I FEIS, the ROD issued on December 9, 
2015, and in other documents in the FHWA administrative record. The 
Tier I FEIS, the ROD, and other documents in the FHWA administrative 
record file are available by contacting FHWA at the address provided 
above. The Tier I FEIS and the ROD can be viewed and downloaded from 
the project Web site at www.crossharborstudy.com.
    This notice applies to all Federal agency Tier 1 decisions that are 
final within the meaning of 23 U.S.C. 139(l)(1) as of the issuance date 
of this notice and all laws under which such actions were taken, 
including but not limited to:
    1. General: National Environmental Policy Act (NEPA) (42 U.S.C. 
4321-4351); Federal-Aid Highway Act (23 U.S.C. 109 and 23 U.S.C. 128).
    2. Air: Clean Air Act (42 U.S.C. 7401-7671(q)).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 (49 U.S.C. 303 and 23 U.S.C. 138).
    4. Wildlife: Endangered Species Act (16 U.S.C. 1532-1544 and 
Section 1536); Fish and Wildlife Coordination Act (16 U.S.C. 661-
667(d)); and Migratory Bird Treaty Act (16 U.S.C. 703-712).
    5. Wetlands and Water Resources: Safe Drinking Water Act (42 U.S.C. 
300(f)-300(j)(6)); Wild and Scenic Rivers Act (16 U.S.C. 1271-1287); 
and Wetlands Mitigation (23 U.S.C. 103(b)(6)(M) and 133(b)(11)).
    6. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended (16 U.S.C. 470(f) et 
seq).
    7. Social and Economic: Civil Rights Act of 1964 (42 U.S.C. 
2000(d)-2001(d)(1)); and American Indian Religious Freedom Act (42 
U.S.C. 1966).
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; and E.O. 11514 Protection and Enhancement of Environmental 
Quality.
    9. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601-9675); 
Superfund Amendments and

[[Page 3859]]

Reauthorization Act of 1986 (SARA); and Resource Conservation and 
Recovery Act (RCRA) (42 U.S.C. 6901-6992(k)).

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

    Authority:  23 U.S.C. 139(I)(1).

    Issued on: December 9, 2015.
Peter W. Osborn,
Division Administrator, Albany, New York.
[FR Doc. 2016-00687 Filed 1-21-16; 8:45 am]
 BILLING CODE 4910-RY-P

3858 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices Issued on: January 12, 2016. telephone (518) 431–4127; study. It is important to note that Brigitte Mandel, Peter.Osborn@dot.gov. FHWA New York neither the Tier I FEIS, nor the ROD, Acting Division Administrator, Federal Division Office’s normal business hours constitute a decision to implement any Highway Administration, Salt Lake City, are 7:30 a.m. to 4:00 p.m., e.t. of the Alternatives that have been Utah. SUPPLEMENTARY INFORMATION: Notice is advanced for further consideration. [FR Doc. 2016–00956 Filed 1–21–16; 8:45 am] hereby given that the FHWA has issued The actions by FHWA and the laws BILLING CODE 4910–RY–P a Tier 1 FEIS and an ROD in connection under which such actions were taken, with the proposed CHFP that aims to are described in the Tier I FEIS, the improve the movement of goods in the ROD issued on December 9, 2015, and DEPARTMENT OF TRANSPORTATION greater New York/New Jersey region by in other documents in the FHWA enhancing the transportation of freight administrative record. The Tier I FEIS, Federal Highway Administration the ROD, and other documents in the across New York Harbor (Harbor). As FHWA administrative record file are Notice of Final Federal Agency Actions part of the CHFP, FHWA and the Port available by contacting FHWA at the on Proposed Transportation Project in Authority of New York and New Jersey address provided above. The Tier I FEIS and Between the States of New York (PANYNJ) are undertaking a tiered and the ROD can be viewed and and New Jersey: Cross Harbor Freight environmental impact statement downloaded from the project Web site at Program, Tier 1 Final Environmental process, pursuant to the NEPA, which studies the goods movement system www.crossharborstudy.com. Impact Statement This notice applies to all Federal serving the region today, and considers AGENCY: Federal Highway how that system could be improved agency Tier 1 decisions that are final Administration (FHWA), Department of through various alternatives for the within the meaning of 23 U.S.C. Transportation (DOT). transportation of freight across the 139(l)(1) as of the issuance date of this ACTION: Notice of limitation on claims Harbor. notice and all laws under which such for judicial review of actions by FHWA Tier I broadly examined the potential actions were taken, including but not and other federal agencies. transportation and environmental limited to: effects from a range of alternatives, with 1. General: National Environmental SUMMARY: This notice announces actions the goal of selecting those alternative(s) Policy Act (NEPA) (42 U.S.C. 4321– taken by the FHWA and other Federal for further study and potential 4351); Federal-Aid Highway Act (23 Agencies that are final within the implementation. U.S.C. 109 and 23 U.S.C. 128). meaning of 23 U.S.C. 139(I)(1). The 2. Air: Clean Air Act (42 U.S.C. 7401– FHWA and the PANYNJ issued a Tier actions relate to the Cross Harbor 7671(q)). I Draft Environmental Impact Statement 3. Land: Section 4(f) of the Freight Program (CHFP) Tier I Final (Tier I DEIS) in November 2014 for Environmental Impact Statement (Tier I public review and comment. The Tier I Department of Transportation Act of FEIS), and consist of the issuance by 1966 (49 U.S.C. 303 and 23 U.S.C. 138). DEIS analyzed 10 Build Alternatives 4. Wildlife: Endangered Species Act FHWA of a record of decision (ROD), and a No Action Alternative. The dated December 9, 2015, with respect to project team used a variety of forums to (16 U.S.C. 1532–1544 and Section the Tier I FEIS . The Federal actions, 1536); Fish and Wildlife Coordination engage stakeholders and solicit public Act (16 U.S.C. 661–667(d)); and taken as a result of a tiered comment on the Tier I DEIS, including environmental review process under the scoping meetings; public hearings; Migratory Bird Treaty Act (16 U.S.C. National Environmental Policy Act 703–712). briefings for elected officials, 5. Wetlands and Water Resources: (NEPA) (42 U.S.C. 4321–4351) and community groups, business, implementing regulations on tiering (40 environmental, and transportation Safe Drinking Water Act (42 U.S.C. CFR 1502.20, 40 CFR 1508.28, and 23 300(f)–300(j)(6)); Wild and Scenic advocates, and other stakeholders; Rivers Act (16 U.S.C. 1271–1287); and CFR part 771), determined certain issues workshops for Federal, State, and local relating to the proposed projects. Those Wetlands Mitigation (23 U.S.C. government agencies having regulatory 103(b)(6)(M) and 133(b)(11)). Tier 1 decisions will be used by Federal jurisdiction over, or expertise with 6. Historic and Cultural Resources: agencies in subsequent proceedings, respect to, the Alternatives under Section 106 of the National Historic including decisions whether to grant review; a project Web site; and Preservation Act of 1966, as amended licenses, permits, and approvals for informational materials made available (16 U.S.C. 470(f) et seq). highway, rail, and transit projects. Tier in English, Chinese, Spanish, and 7. Social and Economic: Civil Rights 1 decisions may also be relied upon by Yiddish. Act of 1964 (42 U.S.C. 2000(d)– State and local agencies in proceedings Based on the findings in the Tier I 2001(d)(1)); and American Indian on the proposed projects. DEIS, and in consideration of the Religious Freedom Act (42 U.S.C. 1966). DATES: By this notice, the FHWA is written and oral comments received 8. Executive Orders: E.O. 11990 advising the public that it has made from the public, FHWA and PANYNJ Protection of Wetlands; E.O. 11988 decisions that are subject to 23 U.S.C. issued a Tier I FEIS in September 2015, Floodplain Management; E.O. 12898, 139(l)(1) and are final within the which included a Response to Federal Actions to Address meaning of that law. A claim seeking Comments chapter, and identified two Environmental Justice in Minority judicial review of the Tier 1 Federal of the Build Alternatives (the Enhanced Populations and Low Income agency decisions on the proposed Carfloat Alternative and the Rail Tunnel Populations; E.O. 11593 Protection and highway, rail, and transit projects will mstockstill on DSK4VPTVN1PROD with NOTICES Alternative) as Preferred Alternatives Enhancement of Cultural Resources; and be barred unless the claim is filed on or that are recommended for more E.O. 11514 Protection and Enhancement before June 20, 2016. detailed, site-specific review and of Environmental Quality. FOR FURTHER INFORMATION CONTACT: For analysis in a Tier II level of study. 9. Hazardous Materials: FHWA: Mr. Peter W. Osborn, Division As Federal lead agency, FHWA issued Comprehensive Environmental Administrator, Federal Highway a ROD on December 9, 2015, adopting Response, Compensation, and Liability Administration, Leo W. O’Brien Federal the recommendations made in the Tier Act (CERCLA) (42 U.S.C. 9601–9675); Building, Albany, New York 12207; I FEIS and closing out Tier I of the Superfund Amendments and VerDate Sep<11>2014 16:59 Jan 21, 2016 Jkt 238001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\22JAN1.SGM 22JAN1

Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices 3859 Reauthorization Act of 1986 (SARA); equivalent to at least 50 percent of their are .87 percent for 2014 and .90 percent and Resource Conservation and total number of safety-sensitive for 2015. Recovery Act (RCRA) (42 U.S.C. 6901– employees for prohibited drug use and The Administrator has also 6992(k)). at least 25 percent for the misuse of determined the random alcohol testing (Catalog of Federal Domestic Assistance alcohol. However, the rules provide that rate for 2016 will remain at 10 percent Program Number 20.205, Highway Planning the drug random testing rate may be because the random alcohol violation and Construction. The regulations lowered to 25 percent if the positive rate rate for the industry was again lower implementing Executive Order 12372 for the entire transit industry is less than 0.5 percent for the two preceding regarding intergovernmental consultation on than one percent for two preceding consecutive years. The random alcohol Federal programs and activities apply to this consecutive years. Once lowered, the rates for the two preceding years are program.) random rates may be raised to 50 0.14 percent for 2014 and 0.14 percent Authority: 23 U.S.C. 139(I)(1). percent if the positive rate equals or for 2015. Issued on: December 9, 2015. exceeds one percent for any one year Detailed reports on the FTA drug and (positive rate means the number of alcohol testing data collected from Peter W. Osborn, positive results for random drug tests transit employers may be obtained from Division Administrator, Albany, New York. conducted under 49 CFR 655.45 plus the FTA, Office of Safety and Oversight, [FR Doc. 2016–00687 Filed 1–21–16; 8:45 am] the number of refusals of random tests 1200 New Jersey Avenue SE., BILLING CODE 4910–RY–P required by 49 CFR 655.49, divided by Washington, DC 20590, (202) 366–2010 the total number of random drug tests, or at http://transit-safety.fta.dot.gov/ plus the number of refusals of random publications/Default.aspx. DEPARTMENT OF TRANSPORTATION tests required by 49 CFR part 655). Issued in Washington, DC, pursuant to The alcohol provisions provide that Federal Transit Administration authority under 49 CFR 1.91. the random rate may be lowered to 10 percent if the violation rate for the Therese W. McMillan, Prevention of Alcohol Misuse and Acting Administrator. Prohibited Drug Use in Transit entire transit industry is less than 0.5 percent for two consecutive years. It [FR Doc. 2016–01222 Filed 1–21–16; 8:45 am] Operations will remain at 25 percent if the violation BILLING CODE P AGENCY: Federal Transit Administration rate is equal to or greater than 0.5 (FTA), DOT. percent but less than one percent, and ACTION: Notice of random drug and it will be raised to 50 percent if the DEPARTMENT OF TRANSPORTATION alcohol testing rates for 2016. violation rate is one percent or greater for any one year (violation rate means National Highway Traffic Safety SUMMARY: This notice announces the the number of covered employees found Administration random testing rates for employers during random tests administered under subject to the Federal Transit 49 CFR 655.45 to have an alcohol [Docket No. NHTSA–2015–0106; Notice 1] Administration’s (FTA) drug and concentration of .04 or greater, plus the Notice of Receipt of Petition for alcohol rules for 2016. number of employees who refuse a Decision That Nonconforming Model DATES: Effective Date: January 1, 2016. random test required by 49 CFR 655.49, Year 2008–2010 Alfa Romeo 8C Spider FOR FURTHER INFORMATION CONTACT: Iyon divided by the total reported number of Passenger Cars Are Eligible for Rosario, Drug and Alcohol Program random alcohol tests plus the total Importation Manager for the Office of Safety and number of refusals of random tests Oversight, 1200 New Jersey Avenue SE., required by 49 CFR part 655). AGENCY: National Highway Traffic Pursuant to 49 CFR 655.45(b), the Safety Administration (NHTSA), Washington, DC 20590 (telephone: 202– Administrator’s decision to increase or Department of Transportation (DOT). 366–2010 or email: Iyon.Rosario@ decrease the minimum annual dot.gov). ACTION: Receipt of petition. percentage rate for random drug and SUPPLEMENTARY INFORMATION: alcohol testing is based, in part, on the SUMMARY: This document announces On January 1, 1995, FTA required reported positive drug and alcohol receipt by the National Highway Traffic large transit employers to begin drug violation rates for the entire industry. Safety Administration (NHTSA) of a and alcohol testing employees The information used for this petition for a decision that model year performing safety-sensitive functions determination is drawn from the drug (MY) 2008–2010 Alfa Romeo 8C Spider and submit annual reports by March 15 and alcohol Management Information passenger cars (PC) that were not of each year beginning in 1996. The System (MIS) reports required by 49 originally manufactured to comply with annual report includes the number of CFR part 655. In determining the all applicable Federal Motor Vehicle employees who had a verified positive reliability of the data, the Administrator Safety Standards (FMVSS) are eligible for the use of prohibited drugs, and the considers the quality and completeness for importation into the United States number of employees who tested of the reported data, or may obtain because they have safety features that positive for the misuse of alcohol during additional information or reports from comply with, or are capable of being the reported year. Small employers employers, and make appropriate altered to comply with, all such commenced their FTA-required testing modifications in calculating the standards. on January 1, 1996, and began reporting industry’s verified positive results and DATES: The closing date for comments mstockstill on DSK4VPTVN1PROD with NOTICES the same information as the large violation rates. employers beginning March 15, 1997. The Administrator has determined the on the petition is February 22, 2016. The testing rules were updated on random drug testing rate will remain at ADDRESSES: Comments should refer to August 1, 2001, and established a 25 percent for 2016 due to an industry the docket and notice numbers above random testing rate for prohibited drugs positive rate lower than 1.0 percent for and be submitted by any of the and the misuse of alcohol. random drug test data for the two following methods: The rules require that employers preceding calendar years. The random • Federal eRulemaking Portal: Go to conduct random drug tests at a rate drug rates for the two preceding years http://www.regulations.gov. Follow the VerDate Sep<11>2014 16:59 Jan 21, 2016 Jkt 238001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\22JAN1.SGM 22JAN1


Document Created: 2016-01-22 01:16:52
Document Modified: 2016-01-22 01:16:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of limitation on claims for judicial review of actions by FHWA and other federal agencies.
DatesBy this notice, the FHWA is advising the public that it has made decisions that are subject to 23 U.S.C. 139(l)(1) and are final within the meaning of that law. A claim seeking judicial review of the Tier 1 Federal agency decisions on the proposed highway, rail, and transit projects will be barred unless the claim is filed on or before June 20, 2016.
ContactFor FHWA: Mr. Peter W. Osborn, Division Administrator, Federal Highway Administration, Leo W. O'Brien Federal Building, Albany, New York 12207; telephone (518) 431-4127; [email protected] FHWA New York Division Office's normal business hours are 7:30 a.m. to 4:00 p.m., e.t.
FR Citation81 FR 3858 
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