82_FR_8270 82 FR 8256 - Limitation on Claims Against Proposed Public Transportation Projects

82 FR 8256 - Limitation on Claims Against Proposed Public Transportation Projects

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 82, Issue 14 (January 24, 2017)

Page Range8256-8257
FR Document2017-01449

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in Phoenix, Arizona and New York, New York. 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 82 Issue 14 (Tuesday, January 24, 2017) 
[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Pages 8256-8257]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01449]


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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.

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SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) for projects in Phoenix, Arizona 
and New York, New York. The purpose of this notice is to announce 
publicly the environmental decisions by FTA on the subject projects and 
to activate the limitation on any claims that may challenge these final 
environmental actions.

DATES: By this notice, FTA is advising the public of final agency 
actions subject to Section 139(l) of Title 23, United States Code 
(U.S.C.). A claim seeking judicial review of FTA actions announced 
herein for the listed public transportation projects will be barred 
unless the claim is filed on or before June 23, 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: South Central Light Rail Extension 
Project, Phoenix, AZ. Project sponsor: Valley Metro. Project 
description: The proposed project would extend light rail service 
approximately five miles south from the existing Valley Metro light 
rail line in Downtown Phoenix to Baseline Road, serving South Phoenix 
neighborhoods and activity centers and providing a direct link to 
Central Station in Downtown Phoenix. The project would connect with the 
existing Valley Metro light rail line in the northbound direction at 
Central Avenue and Washington Street and in the southbound direction at 
1st Avenue and Jefferson Street. The project also includes the McKinley 
Street/Central Avenue and McKinley Street/1st Avenue turnaround loops 
and improvements to the Operation and Maintenance Center. Final agency 
actions: Section 4(f) de minimis impact determination; a Section 106

[[Page 8257]]

Memorandum of Agreement, dated January 3, 2017; project-level air 
quality conformity; and a Finding of No Significant Impact, dated 
January 6, 2017. Supporting Documentation: Environmental Assessment, 
dated May 2016.
    2. Project name and location: 68th Street/Hunter College Station 
Improvement Project, New York, NY. Project sponsor: Metropolitan 
Transportation Authority (MTA). Project description: The proposed 
project would reconfigure the 68th Street/Hunter College Subway Station 
located at Lexington Avenue and East 68th Street in Manhattan to 
provide Americans with Disabilities Act (ADA) accessibility and improve 
passenger circulation. The project would make changes at the street, 
mezzanine, and platform levels, including new street stairs, new 
mezzanines, and new platform stairs near the north end of the station. 
Final agency actions: Section 4(f) de minimis impact determination; 
Section 106 finding of no adverse effect; and a Finding of No 
Significant Impact, dated July 28, 2016. Supporting Documentation: 
Environmental Assessment, dated February 2016.

Lucy Garliauskas,
Associate Administrator Planning and Environment.
[FR Doc. 2017-01449 Filed 1-23-17; 8:45 am]
 BILLING CODE P

8256 Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices NN states in its petition that these Communications received by March Environmental Protection Specialist, cars are used in tourist, historic, and/or 10, 2017 will be considered by FRA Office of Environmental Programs, (202) excursion operations. The cars always before final action is taken. Comments 366–6098. FTA is located at 1200 New remain on NN track. NN is a non-insular received after that date will be Jersey Avenue SE., Washington, DC tourist railroad that is not connected to considered as far as practicable. 20590. Office hours are from 9:00 a.m. the general system. The purpose of this Anyone is able to search the to 5:00 p.m., Monday through Friday, waiver petition is to maintain the electronic form of any written except Federal holidays. historic integrity of this railroad, which communications and comments SUPPLEMENTARY INFORMATION: Notice is has been recognized by the Secretary of received into any of our dockets by the hereby given that FTA has taken final the Interior as a national Historic name of the individual submitting the agency actions by issuing certain Landmark. comment (or signing the document, if approvals for the public transportation NN further states that the subject cars submitted on behalf of an association, projects listed below. The actions on the will not carry freight but rather will be business, labor union, etc.). In projects, as well as the laws under photographed by photographers from accordance with 5 U.S.C. 553(c), DOT which such actions were taken, are around the world. The cars will be solicits comments from the public to described in the documentation issued operated at no more than 25 mph. The better inform its processes. DOT posts in connection with the projects to cars would be operated over 30 miles of these comments, without edit, including comply with the National track. Each car will be inspected to any personal information the Environmental Policy Act (NEPA) and ensure safe operation of the car. These commenter provides, to in other documents in the FTA cars will not and cannot leave NN www.regulations.gov, as described in administrative record for the projects. property. the system of records notice (DOT/ALL– Interested parties may contact either the As information, NN concurrently 14 FDMS), which can be reviewed at project sponsor or the relevant FTA requests to continue in service these 5 https://www.transportation.gov/privacy. Regional Office for more information. cars in accordance with 49 CFR See also https://www.regulations.gov/ Contact information for FTA’s Regional 215.203(c), as they are all over 50 years privacyNotice for the privacy notice of Offices may be found at https:// of age, measured from the date of regulations.gov. www.fta.dot.gov. original construction. This notice applies to all FTA A copy of the petition, as well as any Robert C. Lauby, Associate Administrator for Railroad Safety, decisions on the listed projects as of the written communications concerning the Chief Safety Officer. issuance date of this notice and all laws petition, is available for review online at under which such actions were taken, www.regulations.gov and in person at [FR Doc. 2017–01504 Filed 1–23–17; 8:45 am] including, but not limited to, NEPA [42 the U.S. Department of Transportation’s BILLING CODE 4910–06–P U.S.C. 4321–4375], Section 4(f) of the (DOT) Docket Operations Facility, 1200 Department of Transportation Act of New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION 1966 [49 U.S.C. 303], Section 106 of the Washington, DC 20590. The Docket National Historic Preservation Act [16 Operations Facility is open from 9 a.m. Federal Transit Administration U.S.C. 470f], and the Clean Air Act [42 to 5 p.m., Monday through Friday, U.S.C. 7401–7671q]. This notice does except Federal Holidays. Limitation on Claims Against Proposed Interested parties are invited to not, however, alter or extend the Public Transportation Projects limitation period for challenges of participate in these proceedings by submitting written views, data, or project decisions subject to previous AGENCY: Federal Transit Administration comments. FRA does not anticipate notices published in the Federal (FTA), DOT. scheduling a public hearing in Register. The projects and actions that ACTION: Notice. are the subject of this notice are: connection with these proceedings since the facts do not appear to warrant a SUMMARY: This notice announces final 1. Project name and location: South hearing. If any interested parties desire environmental actions taken by the Central Light Rail Extension Project, an opportunity for oral comment and a Federal Transit Administration (FTA) Phoenix, AZ. Project sponsor: Valley public hearing, they should notify FRA, for projects in Phoenix, Arizona and Metro. Project description: The in writing, before the end of the New York, New York. The purpose of proposed project would extend light rail comment period and specify the basis this notice is to announce publicly the service approximately five miles south for their request. environmental decisions by FTA on the from the existing Valley Metro light rail All communications concerning these subject projects and to activate the line in Downtown Phoenix to Baseline proceedings should identify the limitation on any claims that may Road, serving South Phoenix appropriate docket number and may be challenge these final environmental neighborhoods and activity centers and submitted by any of the following actions. providing a direct link to Central Station methods: in Downtown Phoenix. The project • Web site: http:// DATES: By this notice, FTA is advising would connect with the existing Valley www.regulations.gov. Follow the online the public of final agency actions Metro light rail line in the northbound instructions for submitting comments. subject to Section 139(l) of Title 23, direction at Central Avenue and • Fax: 202–493–2251. United States Code (U.S.C.). A claim Washington Street and in the • Mail: Docket Operations Facility, seeking judicial review of FTA actions southbound direction at 1st Avenue and announced herein for the listed public Jefferson Street. The project also sradovich on DSK3GMQ082PROD with NOTICES U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, transportation projects will be barred includes the McKinley Street/Central Washington, DC 20590. unless the claim is filed on or before Avenue and McKinley Street/1st • Hand Delivery: 1200 New Jersey June 23, 2017. Avenue turnaround loops and Avenue SE., Room W12–140, FOR FURTHER INFORMATION CONTACT: improvements to the Operation and Washington, DC 20590, between 9 a.m. Nancy-Ellen Zusman, Assistant Chief Maintenance Center. Final agency and 5 p.m., Monday through Friday, Counsel, Office of Chief Counsel, (312) actions: Section 4(f) de minimis impact except Federal Holidays. 353–2577 or Meghan Kelley, determination; a Section 106 VerDate Sep<11>2014 19:36 Jan 23, 2017 Jkt 241001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM 24JAN1

Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices 8257 Memorandum of Agreement, dated determination is issued by PHMSA’s listing of all inconsistency rulings and January 3, 2017; project-level air quality Chief Counsel. Rebuttal comments may preemption determinations, is available conformity; and a Finding of No discuss only those issues raised by through PHMSA’s home page at http:// Significant Impact, dated January 6, comments received during the initial phmsa.dot.gov. From the home page, 2017. Supporting Documentation: comment period and may not discuss click on ‘‘Hazardous Materials Safety,’’ Environmental Assessment, dated May new issues. then on ‘‘Standards & Rulemaking,’’ 2016. ADDRESSES: NORA’s application and all then on ‘‘Preemption Determinations’’ 2. Project name and location: 68th comments received may be reviewed in located on the right side of the page. A Street/Hunter College Station the Docket Operations Facility (M–30), paper copy of the index will be Improvement Project, New York, NY. U.S. Department of Transportation, provided at no cost upon request to Mr. Project sponsor: Metropolitan West Building Ground Floor, Room Lopez, at the address and telephone Transportation Authority (MTA). Project W12–140, 1200 New Jersey Avenue SE., number set forth in the FOR FURTHER description: The proposed project Washington, DC 20590. The application INFORMATION CONTACT section below. would reconfigure the 68th Street/ and all comments are available on the FOR FURTHER INFORMATION CONTACT: Hunter College Subway Station located U.S. Government Regulations.gov Web Vincent Lopez, Office of Chief Counsel at Lexington Avenue and East 68th site: http://www.regulations.gov. (PHC–10), Pipeline and Hazardous Street in Manhattan to provide Comments must refer to Docket No. Materials Safety Administration, U.S. Americans with Disabilities Act (ADA) PHMSA–2016–0163 and may be Department of Transportation, 1200 accessibility and improve passenger submitted by any of the following New Jersey Avenue SE., Washington, circulation. The project would make methods: DC 20590; telephone No. 202–366–4400; changes at the street, mezzanine, and • Federal eRulemaking Portal: Go to facsimile No. 202–366–7041. platform levels, including new street http://www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: stairs, new mezzanines, and new online instructions for submitting platform stairs near the north end of the comments. I. Application for a Preemption station. Final agency actions: Section • Fax: 1–202–493–2251. Determination 4(f) de minimis impact determination; • Mail: Docket Operations Facility NORA has applied to PHMSA for a Section 106 finding of no adverse effect; (M–30), U.S. Department of determination whether Federal and a Finding of No Significant Impact, Transportation, West Building Ground hazardous material transportation law, dated July 28, 2016. Supporting Floor, Room W12–140, 1200 New Jersey 49 U.S.C. 5101 et seq., preempts the Documentation: Environmental Avenue SE., Washington, DC 20590. State of Oregon’s Administrative Rule Assessment, dated February 2016. • Hand Delivery: Docket Operations (OAR), OAR 340–100–0002(1) 1, as it is Lucy Garliauskas, Facility (M–30), U.S. Department of applied to transporters. Specifically, Associate Administrator Planning and Transportation, West Building Ground NORA states that the Oregon Environment. Floor, Room W12–140, 1200 New Jersey Environmental Quality Commission [FR Doc. 2017–01449 Filed 1–23–17; 8:45 am] Avenue SE., Washington, DC 20590, (OEQC) interprets the Oregon between 9:00 a.m. and 5:00 p.m., regulation, which adopts the United BILLING CODE P Monday through Friday, except Federal States Environmental Protection holidays. Agency’s regulation, 40 CFR DEPARTMENT OF TRANSPORTATION A copy of each comment must also be 263.20(a)(1), as imposing a strict sent to (1) Scott D. Parker, Executive liability standard on transporters of Pipeline and Hazardous Materials Director, NORA, An Association of hazardous waste.2 According to NORA, Safety Administration Responsible Recyclers, 7250 Heritage under Oregon law, ‘‘the transporter Village Plaza, Suite 201, Gainesville, VA exercising reasonable care may not rely [Docket No. PHMSA–2016–0163; PDA– 20155, and (2) Ellen Rosenblum, on the information provided by the 39(R)] Attorney General, Justice Building, 1162 generator and instead must be held to a Hazardous Materials: Oregon Court Street NE., Salem OR 97301. A strict liability standard.’’ (emphasis Hazardous Waste Management certification that a copy has been sent to omitted). Regulation these persons must also be included NORA presents three main arguments with the comment. (The following for why it believes Oregon’s hazardous AGENCY: Pipeline and Hazardous format is suggested: ‘‘I certify that waste regulation should be preempted. Materials Safety Administration copies of this comment have been sent First, NORA contends that it is not (PHMSA), DOT. to Mr. Parker and Ms. Rosenblum at the possible to comply with both the ACTION: Public Notice and Invitation to addresses specified in the Federal Oregon rule and the federal comment. Register.’’) requirements because the ‘‘HMTA Anyone is able to search the regulation requires the transporter to SUMMARY: Interested parties are invited electronic form of all comments exercise reasonable care’’ while to comment on an application by received into any of our dockets by the Oregon’s strict liability interpretation NORA, An Association of Responsible name of the individual submitting the does not. Next, NORA argues that Recyclers (NORA) for an administrative comment (or signing a comment determination as to whether Federal submitted on behalf of an association, 1 The Oregon regulation adopts by reference the hazardous material transportation law business, labor union, etc.). You may United States Environmental Protection Agency’s sradovich on DSK3GMQ082PROD with NOTICES preempts a hazardous waste regulation rules and regulations governing the management of review DOT’s complete Privacy Act hazardous waste, including its generation, of the State of Oregon that imposes a Statement in the Federal Register transportation, treatment, storage, recycling and strict liability standard on transporters. published on April 11, 2000 (65 FR disposal, as prescribed in 40 CFR parts 260 to 268, DATES: Comments received on or before 19477–78), or you may visit http:// 270, and 273, and subparts A and B of part 124. See OAR 340–100–0002(1). March 10, 2017 and rebuttal comments www.regulations.gov. 2 NORA states that this issue is being litigated and received on or before April 24, 2017 will A subject matter index of hazardous is presently under consideration by the Oregon be considered before an administrative materials preemption cases, including a Supreme Court. VerDate Sep<11>2014 19:36 Jan 23, 2017 Jkt 241001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM 24JAN1


Document Created: 2018-02-01 15:12:05
Document Modified: 2018-02-01 15:12:05
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 June 23, 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 Citation82 FR 8256 
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