81_FR_81460 81 FR 81238 - Limitation on Claims Against Proposed Public Transportation Projects

81 FR 81238 - Limitation on Claims Against Proposed Public Transportation Projects

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 81, Issue 222 (November 17, 2016)

Page Range81238-81239
FR Document2016-27575

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in the City of Alexandria, VA and the City of Jersey City, NJ. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.

Federal Register, Volume 81 Issue 222 (Thursday, November 17, 2016)
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81238-81239]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27575]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Limitation on Claims Against Proposed Public Transportation 
Projects

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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

SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) for projects in the City of 
Alexandria, VA and the City of Jersey City, NJ. The purpose of this 
notice is to announce publicly the environmental decisions by FTA on 
the subject projects and to activate the limitation on any claims

[[Page 81239]]

that may challenge these final environmental actions.

DATES: By this notice, FTA is advising the public of final agency 
actions subject to Section 139(l) of Title 23, United States Code 
(U.S.C.). A claim seeking judicial review of FTA actions announced 
herein for the listed public transportation projects will be barred 
unless the claim is filed on or before April 17, 2017.

FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief 
Counsel, Office of Chief Counsel, (312) 353-2577 or Meghan Kelley, 
Environmental Protection Specialist, Office of Environmental Programs, 
(202) 366-6098. FTA is located at 1200 New Jersey Avenue SE., 
Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FTA has taken 
final agency actions by issuing certain approvals for the public 
transportation projects listed below. The actions on the projects, as 
well as the laws under which such actions were taken, are described in 
the documentation issued in connection with the projects to comply with 
the National Environmental Policy Act (NEPA) and in other documents in 
the FTA administrative record for the projects. Interested parties may 
contact either the project sponsor or the relevant FTA Regional Office 
for more information. Contact information for FTA's Regional Offices 
may be found at https://www.fta.dot.gov.
    This notice applies to all FTA decisions on the listed projects as 
of the issuance date of this notice and all laws under which such 
actions were taken, including, but not limited to, NEPA [42 U.S.C. 
4321-4375], Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303], Section 106 of the National Historic Preservation 
Act [16 U.S.C. 470f], and the Clean Air Act [42 U.S.C. 7401-7671q]. 
This notice does not, however, alter or extend the limitation period 
for challenges of project decisions subject to previous notices 
published in the Federal Register. The projects and actions that are 
the subject of this notice are:
    1. Project name and location: Long Slip Fill and Rail Enhancement 
Project, City of Jersey City, NJ. Project sponsor: New Jersey Transit 
Corporation (NJ TRANSIT). Project description: The proposed project 
would fill the Long Slip Canal in Hoboken Yard and construct six new 
elevated tracks, passenger platforms, and a passenger station and crew 
facility structure on top of the filled canal. The project would also 
include a walkway extension to existing Hoboken Terminal facilities and 
new track extensions to existing track. Final agency actions: Section 
4(f) de minimis impact determination; Section 106 finding of no adverse 
effect; project-level air quality conformity; and a Finding of No 
Significant Impact, dated October 20, 2016. Supporting Documentation: 
Supplemental Environmental Assessment, dated June 2016.
    2. Project name and location: Potomac Yard Metrorail Station 
Project, City of Alexandria, VA. Project sponsor: City of Alexandria. 
Project description: The proposed project would include a new 
Washington Metropolitan Area Transit Authority Metrorail station, 
associated track improvements, and pedestrian bridges at Potomac Yard 
within the City of Alexandria. The station would be located along the 
existing Metrorail Blue and Yellow Lines between the Ronald Regan 
Washington National Airport Metrorail Station and the Braddock Road 
Metrorail Station. Final agency actions: Section 4(f) determination; a 
Section 106 Memorandum of Agreement, dated October 24, 2016; project-
level air quality conformity; and a Record of Decision, dated October 
31, 2016. Supporting documentation: Final Environmental Impact 
Statement, dated June 1, 2016.

Lucy Garliauskas,
Associate Administrator Planning and Environment.
[FR Doc. 2016-27575 Filed 11-16-16; 8:45 am]
 BILLING CODE 4910-57-P



                                                    81238                     Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices

                                                    TAD–10, Washington, DC 20590, (202)                     Census-designated area with a                         accordance with their transit asset
                                                    366–0354 or tia.swain@dot.gov.                          population of 50,000 or more as                       management plan. Recipients are no
                                                    SUPPLEMENTARY INFORMATION: The                          determined by the U.S. Department of                  longer required to expend 1% of their
                                                    Paperwork Reduction Act of 1995                         Commerce, Bureau of the Census.                       funding for associated transit
                                                    (PRA), Public Law 104–13, Section 2,                    Funding is made available to designated               improvements. However, recipients are
                                                    109 Stat. 163 (1995) (codified as revised               recipients, which must be public bodies               still required to submit an annual report
                                                    at 44 U.S.C. 3501–3520), and its                        with the legal authority to receive and               listing projects that were carried out in
                                                    implementing regulations, 5 CFR part                    dispense Federal funds. Governors,                    the preceding fiscal year. The Passenger
                                                    1320, require Federal agencies to issue                 responsible local officials and publicly              Ferry Grant Program is also available to
                                                    two notices seeking public comment on                   owned operators of transit services are               urbanized areas under the authority
                                                    information collection activities before                required to designate a recipient to                  provided through 49 U.S.C. 5307
                                                    OMB may approve paperwork packages.                     apply for, receive, and dispense funds                (Section 5307). This program provides
                                                    44 U.S.C. 3506, 3507; 5 CFR 1320.5,                     for urbanized areas pursuant to 49                    discretionary opportunity to capital
                                                    1320.8(d)(1), 1320.12. On August 16,                    U.S.C. 5307(a)(2). The Governor or                    projects. Capital projects include, but
                                                    2016, FTA published a 60-day notice                     Governor’s designee is the designated                 are not limited to, the purchase,
                                                    (81 FR 54658) in the Federal Register                   recipient for urbanized areas between                 replacement, or rehabilitation of ferries
                                                    soliciting comments on the ICR that the                 50,000 and 200,000. Eligible activities               and terminals and related equipment.
                                                    agency was seeking OMB approval. FTA                    include planning, engineering, design                 Funds may not be used to fund
                                                    received no comments after issuing this                 and evaluation of transit projects and                operating expenses, planning, or
                                                    60-day notice. Accordingly, DOT                         other technical transportation-related                preventive maintenance.
                                                    announces that these information                        studies; capital investments in bus and                  Annual Estimated Total Burden
                                                    collection activities have been re-                     bus-related activities such as                        Hours: 117,000 hours.
                                                    evaluated and certified under 5 CFR                     replacement of buses, overhaul of buses,                 Comments Are Invited on: Whether
                                                    1320.5(a) and forwarded to OMB for                      rebuilding of buses, crime prevention                 the proposed collection of information
                                                    review and approval pursuant to 5 CFR                   and security equipment and                            is necessary for the proper performance
                                                    1320.12(c).                                             construction of maintenance and                       of the functions of the Department,
                                                       Before OMB decides whether to                        passenger facilities; and capital                     including whether the information will
                                                    approve these proposed collections of                   investments in new and existing fixed                 have practical utility; the accuracy of
                                                    information, it must provide 30 days for                guideway systems including rolling                    the Department’s estimate of the burden
                                                    public comment. 44 U.S.C. 3507(b); 5                    stock, overhaul and rebuilding of                     of the proposed information collection;
                                                    CFR 1320.12(d). Federal law requires                    vehicles, track, signals,                             ways to enhance the quality, utility, and
                                                    OMB to approve or disapprove                            communications, and computer                          clarity of the information to be
                                                    paperwork packages between 30 and 60                    hardware and software. All preventive                 collected; and ways to minimize the
                                                    days after the 30 day notice is                         maintenance and some Americans with                   burden of the collection of information
                                                    published. 44 U.S.C. 3507(b)–(c); 5 CFR                 Disabilities Act complementary                        on respondents, including the use of
                                                    1320.12(d); see also 60 FR 44978, 44983,                paratransit service costs are considered              automated collection techniques or
                                                    Aug. 29, 1995. OMB believes that the 30                 capital costs. For urbanized areas with               other forms of information technology.
                                                    day notice informs the regulated                        populations less than 200,000, operating              A comment to OMB is best assured of
                                                    community to file relevant comments                     assistance is an eligible expense. For                having its full effect if OMB receives it
                                                    and affords the agency adequate time to                 urbanized areas with 200,000 in                       within 30 days of publication of this
                                                    digest public comments before it                        population and over, funds are                        notice in the Federal Register.
                                                    renders a decision. 60 FR 44983, Aug.                   apportioned and flow directly to a
                                                                                                                                                                  William Hyre,
                                                    29, 1995. Therefore, respondents should                 designated recipient selected locally to
                                                    submit their respective comments to                     apply for and receive Federal funds. For              Deputy Associate Administrator for
                                                                                                                                                                  Administration.
                                                    OMB within 30 days of publication to                    urbanized areas under 200,000 in
                                                                                                                                                                  [FR Doc. 2016–27641 Filed 11–16–16; 8:45 am]
                                                    best ensure having their full effect. 5                 population, the funds are apportioned to
                                                    CFR 1320.12(c); see also 60 FR 44983,                   the Governor of each state for                        BILLING CODE P

                                                    Aug. 29, 1995.                                          distribution. With the passing of Fixing
                                                       The summaries below describe the                     America’s Surface Transportation Act,
                                                    nature of the information collection                    the 100 Bus Rule was been expanded to                 DEPARTMENT OF TRANSPORTATION
                                                    requirements (ICRs) and the expected                    include demand response service,                      Federal Transit Administration
                                                    burden. The requirements are being                      excluding ADA complementary
                                                    submitted for clearance by OMB as                       paratransit service. An exception to the              Limitation on Claims Against Proposed
                                                    required by the PRA.                                    100 Bus Rule has been added as well.                  Public Transportation Projects
                                                       Title: 49 U.S.C. 5307 Urbanized Area                 If a public transportation system
                                                    Formula Program.                                        executes a written agreement with one                 AGENCY: Federal Transit Administration
                                                       OMB Control Number: 2132–0502.                       or more other public transportation                   (FTA), DOT.
                                                       Type of Request: Revision of a                       systems within the urbanized area to                  ACTION: Notice.
                                                    currently approved information                          allocate funds by a method other than
                                                    collection.                                             by measuring vehicle revenue hours,                   SUMMARY:   This notice announces final
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       Abstract: 49 U.S.C. 5307 The                         each public transportation system that is             environmental actions taken by the
                                                    Urbanized Area Formula Funding                          part of the written agreement may                     Federal Transit Administration (FTA)
                                                    program (49 U.S.C. 5307) makes Federal                  follow the terms of the written                       for projects in the City of Alexandria,
                                                    resources available to urbanized areas                  agreement instead of the measured                     VA and the City of Jersey City, NJ. The
                                                    and to Governors for transit capital and                vehicle revenue hours. Under Grant                    purpose of this notice is to announce
                                                    operating assistance and for                            Recipient Requirements, a provision has               publicly the environmental decisions by
                                                    transportation related planning in                      been added that directs recipients to                 FTA on the subject projects and to
                                                    urbanized areas. An urbanized area is a                 maintain equipment and facilities in                  activate the limitation on any claims


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                                                                              Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices                                          81239

                                                    that may challenge these final                          top of the filled canal. The project                  collections of information was
                                                    environmental actions.                                  would also include a walkway                          published on August 16, 2016 (81 FR
                                                    DATES: By this notice, FTA is advising                  extension to existing Hoboken Terminal                54660).
                                                    the public of final agency actions                      facilities and new track extensions to                DATES:  Comments must be submitted on
                                                    subject to Section 139(l) of Title 23,                  existing track. Final agency actions:                 or before December 19, 2016.
                                                    United States Code (U.S.C.). A claim                    Section 4(f) de minimis impact
                                                                                                                                                                  ADDRESSES: All written comments must
                                                    seeking judicial review of FTA actions                  determination; Section 106 finding of no
                                                                                                            adverse effect; project-level air quality             refer to the docket number that appears
                                                    announced herein for the listed public
                                                                                                            conformity; and a Finding of No                       at the top of this document and be
                                                    transportation projects will be barred
                                                                                                            Significant Impact, dated October 20,                 submitted to the Office of Information
                                                    unless the claim is filed on or before
                                                                                                            2016. Supporting Documentation:                       and Regulatory Affairs, Office of
                                                    April 17, 2017.
                                                                                                            Supplemental Environmental                            Management and Budget, 725 17th
                                                    FOR FURTHER INFORMATION CONTACT:                                                                              Street NW., Washington, DC 20503,
                                                    Nancy-Ellen Zusman, Assistant Chief                     Assessment, dated June 2016.
                                                                                                               2. Project name and location: Potomac              Attention: FTA Desk Officer.
                                                    Counsel, Office of Chief Counsel, (312)                                                                       Alternatively, comments may be sent
                                                    353–2577 or Meghan Kelley,                              Yard Metrorail Station Project, City of
                                                                                                            Alexandria, VA. Project sponsor: City of              via email to the Office of Information
                                                    Environmental Protection Specialist,                                                                          and Regulatory Affairs (OIRA), Office of
                                                    Office of Environmental Programs, (202)                 Alexandria. Project description: The
                                                                                                            proposed project would include a new                  Management and Budget, at the
                                                    366–6098. FTA is located at 1200 New                                                                          following address: oira_submissions@
                                                    Jersey Avenue SE., Washington, DC                       Washington Metropolitan Area Transit
                                                                                                            Authority Metrorail station, associated               omb.eop.gov.
                                                    20590. Office hours are from 9:00 a.m.
                                                    to 5:00 p.m., Monday through Friday,                    track improvements, and pedestrian                    FOR FURTHER INFORMATION CONTACT:     Tia
                                                    except Federal holidays.                                bridges at Potomac Yard within the City               Swain, Office of Administration,
                                                    SUPPLEMENTARY INFORMATION: Notice is                    of Alexandria. The station would be                   Management Planning Division, 1200
                                                    hereby given that FTA has taken final                   located along the existing Metrorail Blue             New Jersey Avenue SE., Mail Stop
                                                    agency actions by issuing certain                       and Yellow Lines between the Ronald                   TAD–10, Washington, DC 20590 (202)
                                                    approvals for the public transportation                 Regan Washington National Airport                     366–0354 or tia.swain@dot.gov.
                                                    projects listed below. The actions on the               Metrorail Station and the Braddock                    SUPPLEMENTARY INFORMATION: The
                                                    projects, as well as the laws under                     Road Metrorail Station. Final agency                  Paperwork Reduction Act of 1995
                                                    which such actions were taken, are                      actions: Section 4(f) determination; a                (PRA), Public Law 104–13, Section 2,
                                                    described in the documentation issued                   Section 106 Memorandum of                             109 Stat. 163 (1995) (codified as revised
                                                    in connection with the projects to                      Agreement, dated October 24, 2016;                    at 44 U.S.C. 3501–3520), and its
                                                    comply with the National                                project-level air quality conformity; and             implementing regulations, 5 CFR part
                                                    Environmental Policy Act (NEPA) and                     a Record of Decision, dated October 31,               1320, require Federal agencies to issue
                                                    in other documents in the FTA                           2016. Supporting documentation: Final                 two notices seeking public comment on
                                                    administrative record for the projects.                 Environmental Impact Statement, dated                 information collection activities before
                                                    Interested parties may contact either the               June 1, 2016.                                         OMB may approve paperwork packages.
                                                    project sponsor or the relevant FTA                     Lucy Garliauskas,                                     44 U.S.C. 3506, 3507; 5 CFR 1320.5,
                                                    Regional Office for more information.                   Associate Administrator Planning and
                                                                                                                                                                  1320.8(d)(1), 1320.12. On August 16,
                                                    Contact information for FTA’s Regional                  Environment.                                          2016, FTA published a 60-day notice
                                                    Offices may be found at https://                        [FR Doc. 2016–27575 Filed 11–16–16; 8:45 am]
                                                                                                                                                                  (81 FR 54660) in the Federal Register
                                                    www.fta.dot.gov.                                                                                              soliciting comments on the ICR that the
                                                                                                            BILLING CODE 4910–57–P
                                                       This notice applies to all FTA                                                                             agency was seeking OMB approval. FTA
                                                    decisions on the listed projects as of the                                                                    received no comments after issuing this
                                                    issuance date of this notice and all laws               DEPARTMENT OF TRANSPORTATION                          60-day notice. Accordingly, DOT
                                                    under which such actions were taken,                                                                          announces that these information
                                                    including, but not limited to, NEPA [42                 Federal Transit Administration                        collection activities have been re-
                                                    U.S.C. 4321–4375], Section 4(f) of the                                                                        evaluated and certified under 5 CFR
                                                                                                            [FTA Docket No. FTA–2016–0042]                        1320.5(a) and forwarded to OMB for
                                                    Department of Transportation Act of
                                                    1966 [49 U.S.C. 303], Section 106 of the                                                                      review and approval pursuant to 5 CFR
                                                                                                            Agency Information Collection Activity
                                                    National Historic Preservation Act [16                                                                        1320.12(c).
                                                                                                            Under OMB Review
                                                    U.S.C. 470f], and the Clean Air Act [42                                                                          Before OMB decides whether to
                                                    U.S.C. 7401–7671q]. This notice does                    AGENCY:    Federal Transit Administration,            approve these proposed collections of
                                                    not, however, alter or extend the                       DOT.                                                  information, it must provide 30 days for
                                                    limitation period for challenges of                     ACTION:   Notice of request for comments.             public comment. 44 U.S.C. 3507(b); 5
                                                    project decisions subject to previous                                                                         CFR 1320.12(d). Federal law requires
                                                    notices published in the Federal                        SUMMARY:   In compliance with the                     OMB to approve or disapprove
                                                    Register. The projects and actions that                 Paperwork Reduction Act of 1995 (44                   paperwork packages between 30 and 60
                                                    are the subject of this notice are:                     U.S.C. 3501 et seq.), this notice                     days after the 30 day notice is
                                                       1. Project name and location: Long                   announces that the Information                        published. 44 U.S.C. 3507 (b)–(c); 5 CFR
                                                    Slip Fill and Rail Enhancement Project,                 Collection Requirements (ICRs)                        1320.12(d); see also 60 FR 44978, 44983,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    City of Jersey City, NJ. Project sponsor:               abstracted below have been forwarded                  Aug. 29, 1995. OMB believes that the 30
                                                    New Jersey Transit Corporation (NJ                      to the Office of Management and Budget                day notice informs the regulated
                                                    TRANSIT). Project description: The                      (OMB) for review and comment. The                     community to file relevant comments
                                                    proposed project would fill the Long                    ICR describe the nature of the                        and affords the agency adequate time to
                                                    Slip Canal in Hoboken Yard and                          information collection and their                      digest public comments before it
                                                    construct six new elevated tracks,                      expected burdens. The Federal Register                renders a decision. 60 FR 44983, Aug.
                                                    passenger platforms, and a passenger                    notice with a 60-day comment period                   29, 1995. Therefore, respondents should
                                                    station and crew facility structure on                  soliciting comments on the following                  submit their respective comments to


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Document Created: 2016-11-17 03:00:05
Document Modified: 2016-11-17 03:00:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesBy this notice, FTA is advising the public of final agency actions subject to Section 139(l) of Title 23, United States Code (U.S.C.). A claim seeking judicial review of FTA actions announced herein for the listed public transportation projects will be barred unless the claim is filed on or before April 17, 2017.
ContactNancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, (312) 353-2577 or Meghan Kelley, Environmental Protection Specialist, Office of Environmental Programs, (202) 366-6098. FTA is located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal holidays.
FR Citation81 FR 81238 

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