83 FR 34679 - Limitation on Claims Against Proposed Public Transportation Projects
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 83, Issue 140 (July 20, 2018)
Federal Transit Administration
Federal Register Volume 83, Issue 140 (July 20, 2018)
| Page Range | 34679-34680 | |
| FR Document | 2018-15531 |
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)] [Notices] [Pages 34679-34680] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15531] ----------------------------------------------------------------------- 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 the Santa Clara Valley Transportation Authority's (VTA's) Bay Area Rapid Transit (BART) Silicon Valley Phase II Extension project in Santa Clara County, California. The project will extend the BART system from the Berryessa/ North San Jos[eacute] Station through downtown San Jos[eacute] to the Santa Clara Caltrain Station. The project will include design, construction, and future operation of a six-mile transit extension consisting of a five-mile-long single-bore tunnel; three transit stations in the City of San Jos[eacute], one transit station and a maintenance facility in the City of Santa Clara, and two ventilation structures along the alignment. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject project and to activate the limitation on any claims that may challenge this final environmental action. [[Page 34680]] DATES: By this notice, FTA is advising the public of final agency actions subject to 23 U.S.C. 139(l) . A claim seeking judicial review of FTA actions announced herein for the listed public transportation project will be barred unless the claim is filed on or before December 17, 2018. FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, (312) 353-2577, or Alan Tabachnick, Environmental Protection Specialist, Office of Environmental Programs, (202) 366-8541. 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 action by issuing a certain approval for the public transportation project listed below. The actions on the project, as well as the laws under which such actions were taken, are described in the documentation issued in connection with the project to comply with the National Environmental Policy Act (NEPA) and in other documents in the FTA administrative record for the project. Interested parties may contact either the project sponsor or the 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 project as of the issuance date of this notice and all laws under which such actions were taken, including NEPA [42 U.S.C. 4321-4375], Section 4(f) requirements [23 U.S.C. 138, 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 project and action that is the subject of this notice follow: Project name and location: Santa Clara Valley Transportation Authority's Bay Area Rapid Transit (BART) Silicon Valley Phase II Extension from the Berryessa/North San Jos[eacute] Station to the Santa Clara Caltrain Station, in Santa Clara County, California. Project Sponsor: The Santa Clara Valley Transportation Authority (VTA). Project description: VTA's BART Silicon Valley Program consists of a 16-mile extension of the BART system from BART's existing Warm Springs/South Fremont Station in southern Fremont in Alameda County into Santa Clara County through the Cities of Milpitas, San Jos[eacute], and Santa Clara. VTA's BART Silicon Valley Program is being implemented in two phases, the Phase I Project (Berryessa Extension) and the Phase II Project (Silicon Valley Extension). The Phase I Project is a 10-mile extension from the existing Warm Springs/ South Fremont Station to the Berryessa/North San Jos[eacute] Station in the City of San Jos[eacute]. In 2010, FTA issued a Record of Decision (ROD) for the Phase I Project, which is currently under construction and scheduled to be open in late 2018. The Phase II Project consists of the remaining approximately six-mile extension of VTA's BART Silicon Valley Program, and is the subject of this limitation on claims notice. The Phase II Project was the subject of VTA's BART Silicon Valley Phase II Extension Project Final Supplemental Environmental Impact Statement/ Subsequent Environmental Impact Report and Section 4(f) Evaluation (SEIS/SEIR), dated February 2018, which included both NEPA and California Environmental Quality Act (CEQA) analyses. The project will consist of the design, construction and operation of approximately six miles of new double-track light rail transit to extend the BART system from the Berryessa/North San Jos[eacute] Station through downtown San Jos[eacute] to the Santa Clara Caltrain Station. The Notice of Availability for the Final Environmental Impact Statement for Phase I and II Projects was published in 2010. Final agency actions: Section 4(f) determination, dated February 2018; Section 106 Programmatic Agreement dated May 9, 2018; project- level air quality conformity; and Record of Decision, dated June 4, 2018. Supporting documentation: VTA's BART Silicon Valley Phase II Extension Project Draft Supplemental Environmental Impact Statement/ Subsequent Environmental Impact Report and Draft Section 4(f) Evaluation dated December 2016. Elizabeth S. Riklin, Deputy Associate Administrator for Planning and Environment. [FR Doc. 2018-15531 Filed 7-19-18; 8:45 am] BILLING CODE P
![Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34679
In addition to the regulations, FMCSA System (MCMIS). For non-CDL holders, exempts the following drivers from the
has published advisory criteria 1 to the Agency reviewed the driving records epilepsy and seizure disorder
assist medical examiners in determining from the State Driver’s Licensing prohibition, 49 CFR 391.41(b)(8), subject
whether drivers with certain medical Agency (SDLA). A summary of each to the requirements cited above:
conditions are qualified to operate a applicant’s seizure history was Scott D. DeJarnette (KY)
CMV in interstate commerce. [49 CFR discussed in the May 24, 2018 Federal James R. Grant (NH)
part 391, APPENDIX A TO PART 391— Register notice (83 FR 24153) and will Jesse Hansen (MN)
MEDICAL ADVISORY CRITERIA, not be repeated in this notice. Troy L. Nichols (IL)
section H. Epilepsy: § 391.41(b)(8), These seven applicants have been Nick J. Ramirez (CA)
paragraphs 3, 4, and 5.] seizure-free over a range of 22 years Scott A. Ready, Sr. (WI)
while taking anti-seizure medication Michael A. Warren (MI)
III. Discussion of Comments In accordance with 49 U.S.C.
and maintained a stable medication
FMCSA received one comment in this treatment regimen for the last two years. 31315(b)(1), each exemption will be
proceeding. Vicky Johnson, an In each case, the applicant’s treating valid for two years from the effective
employee of the Minnesota Department physician verified his or her seizure date unless revoked earlier by FMCSA.
of Public Safety (DPS), stated that the history and supports the ability to drive The exemption will be revoked if the
Minnesota DPS has no objections in the commercially. following occurs: (1) The person fails to
granting of an exemption to Jesse The Agency acknowledges the comply with the terms and conditions
Hansen. potential consequences of a driver of the exemption; (2) the exemption has
IV. Basis for Exemption Determination experiencing a seizure while operating a resulted in a lower level of safety than
CMV. However, the Agency believes the was maintained prior to being granted;
Under 49 U.S.C. 31136(e) and drivers granted this exemption have or (3) continuation of the exemption
31315(b), FMCSA may grant an demonstrated that they are unlikely to would not be consistent with the goals
exemption from the epilepsy and have a seizure and their medical and objectives of 49 U.S.C. 31136 and
seizure disorder prohibition in 49 CFR condition does not pose a risk to public 31315.
391.41(b)(8) if the exemption is likely to safety.
achieve an equivalent or greater level of Issued on: July 13, 2018.
Consequently, FMCSA finds that in Larry W. Minor,
safety than would be achieved without each case exempting these applicants
the exemption. The exemption allows Associate Administrator for Policy.
from the epilepsy and seizure disorder
the applicants to operate CMVs in prohibition in 49 CFR 391.41(b)(8) is [FR Doc. 2018–15545 Filed 7–19–18; 8:45 am]
interstate commerce. likely to achieve a level of safety equal BILLING CODE 4910–EX–P
In reaching the decision to grant these to that existing without the exemption.
exemption requests, FMCSA considered
the 2007 recommendations of the V. Conditions and Requirements DEPARTMENT OF TRANSPORTATION
Agency’s Medical Expert Panel (MEP). The terms and conditions of the
The January 15, 2013, Federal Register Federal Transit Administration
exemption are provided to the
notice (78 FR 3069) provides the current applicants in the exemption document
MEP recommendations which is the Limitation on Claims Against Proposed
and includes the following: (1) Each Public Transportation Projects
criteria the Agency uses to grant seizure driver must remain seizure-free and
exemptions. maintain a stable treatment during the AGENCY: Federal Transit Administration
The Agency’s decision regarding these two-year exemption period; (2) each (FTA), DOT.
exemption applications is based on an driver must submit annual reports from ACTION: Notice.
individualized assessment of each their treating physicians attesting to the
applicant’s medical information, stability of treatment and that the driver SUMMARY: This notice announces final
including the root cause of the has remained seizure-free; (3) each environmental actions taken by the
respective seizure(s) and medical driver must undergo an annual medical Federal Transit Administration (FTA)
information about the applicant’s examination by a certified Medical for the Santa Clara Valley
seizure history, the length of time that Examiner, as defined by 49 CFR 390.5; Transportation Authority’s (VTA’s) Bay
has elapsed since the individual’s last and (4) each driver must provide a copy Area Rapid Transit (BART) Silicon
seizure, the stability of each individual’s of the annual medical certification to Valley Phase II Extension project in
treatment regimen and the duration of the employer for retention in the Santa Clara County, California. The
time on or off of anti-seizure driver’s qualification file, or keep a copy project will extend the BART system
medication. In addition, the Agency of his/her driver’s qualification file if from the Berryessa/North San José
reviewed the treating clinician’s he/she is self-employed. The driver Station through downtown San José to
medical opinion related to the ability of must also have a copy of the exemption the Santa Clara Caltrain Station. The
the driver to safely operate a CMV with when driving, for presentation to a duly project will include design,
a history of seizure and each applicant’s authorized Federal, State, or local construction, and future operation of a
driving record found in the Commercial enforcement official. six-mile transit extension consisting of a
Driver’s License Information System five-mile-long single-bore tunnel; three
(CDLIS) for commercial driver’s license VI. Preemption transit stations in the City of San José,
(CDL) holders, and interstate and During the period the exemption is in one transit station and a maintenance
intrastate inspections recorded in the effect, no State shall enforce any law or facility in the City of Santa Clara, and
daltland on DSKBBV9HB2PROD with NOTICES
Motor Carrier Management Information regulation that conflicts with this two ventilation structures along the
exemption with respect to a person alignment. The purpose of this notice is
1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
operating under the exemption. to announce publicly the environmental
e47b48a9ea42dd67d999246e23d97970& decisions by FTA on the subject project
mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_ VII. Conclusion and to activate the limitation on any
171.a and https://www.gpo.gov/fdsys/pkg/CFR-
2015-title49-vol5/pdf/CFR-2015-title49-vol5- Based upon its evaluation of the seven claims that may challenge this final
part391-appA.pdf. exemption applications, FMCSA environmental action.
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![34680 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
DATES: By this notice, FTA is advising County through the Cities of Milpitas, DEPARTMENT OF TRANSPORTATION
the public of final agency actions San José, and Santa Clara. VTA’s BART
subject to 23 U.S.C. 139(l) . A claim Silicon Valley Program is being Maritime Administration
seeking judicial review of FTA actions implemented in two phases, the Phase [Docket No. MARAD–2018–0110]
announced herein for the listed public I Project (Berryessa Extension) and the
transportation project will be barred Phase II Project (Silicon Valley Requested Administrative Waiver of
unless the claim is filed on or before Extension). The Phase I Project is a 10- the Coastwise Trade Laws: Vessel
December 17, 2018. mile extension from the existing Warm TIMELESS; Invitation for Public
FOR FURTHER INFORMATION CONTACT: Springs/South Fremont Station to the Comments
Nancy-Ellen Zusman, Assistant Chief Berryessa/North San José Station in the AGENCY: Maritime Administration, DOT.
Counsel, Office of Chief Counsel, (312) City of San José. In 2010, FTA issued a
353–2577, or Alan Tabachnick, ACTION: Notice.
Record of Decision (ROD) for the Phase
Environmental Protection Specialist, I Project, which is currently under SUMMARY: The Secretary of
Office of Environmental Programs, (202) construction and scheduled to be open Transportation, as represented by the
366–8541. FTA is located at 1200 New in late 2018. The Phase II Project Maritime Administration (MARAD), is
Jersey Avenue SE, Washington, DC consists of the remaining approximately authorized to grant waivers of the U.S.-
20590. Office hours are from 9:00 a.m. build requirement of the coastwise laws
six-mile extension of VTA’s BART
to 5:00 p.m., Monday through Friday, under certain circumstances. A request
Silicon Valley Program, and is the
except Federal holidays. for such a waiver has been received by
subject of this limitation on claims
SUPPLEMENTARY INFORMATION: Notice is MARAD. The vessel, and a brief
notice. The Phase II Project was the
hereby given that FTA has taken final description of the proposed service, is
subject of VTA’s BART Silicon Valley
agency action by issuing a certain listed below.
Phase II Extension Project Final
approval for the public transportation DATES: Submit comments on or before
project listed below. The actions on the Supplemental Environmental Impact
Statement/Subsequent Environmental August 20, 2018.
project, as well as the laws under which ADDRESSES: Comments should refer to
such actions were taken, are described Impact Report and Section 4(f)
Evaluation (SEIS/SEIR), dated February docket number MARAD–2018–0110.
in the documentation issued in Written comments may be submitted by
connection with the project to comply 2018, which included both NEPA and
California Environmental Quality Act hand or by mail to the Docket Clerk,
with the National Environmental Policy U.S. Department of Transportation,
Act (NEPA) and in other documents in (CEQA) analyses. The project will
consist of the design, construction and Docket Operations, M–30, West
the FTA administrative record for the Building Ground Floor, Room W12–140,
project. Interested parties may contact operation of approximately six miles of
1200 New Jersey Avenue SE,
either the project sponsor or the FTA new double-track light rail transit to
Washington, DC 20590. You may also
Regional Office for more information. extend the BART system from the send comments electronically via the
Contact information for FTA’s Regional Berryessa/North San José Station internet at http://www.regulations.gov.
Offices may be found at https:// through downtown San José to the Santa All comments will become part of this
www.fta.dot.gov. Clara Caltrain Station. The Notice of docket and will be available for
This notice applies to all FTA Availability for the Final Environmental inspection and copying at the above
decisions on the listed project as of the Impact Statement for Phase I and II address between 10:00 a.m. and 5:00
issuance date of this notice and all laws Projects was published in 2010. p.m., Monday through Friday, except
under which such actions were taken, federal holidays. An electronic version
including NEPA [42 U.S.C. 4321–4375], Final agency actions: Section 4(f)
determination, dated February 2018; of this document and all documents
Section 4(f) requirements [23 U.S.C. entered into this docket is available at
138, 49 U.S.C. 303], Section 106 of the Section 106 Programmatic Agreement
dated May 9, 2018; project-level air http://www.regulations.gov.
National Historic Preservation Act [16
quality conformity; and Record of FOR FURTHER INFORMATION CONTACT:
U.S.C. 470f], and the Clean Air Act [42
U.S.C. 7401–7671q]. This notice does Decision, dated June 4, 2018. Bianca Carr, U.S. Department of
not, however, alter or extend the Transportation, Maritime
Supporting documentation: VTA’s
limitation period for challenges of Administration, 1200 New Jersey
BART Silicon Valley Phase II Extension Avenue SE, Room W23–453,
project decisions subject to previous Project Draft Supplemental
notices published in the Federal Washington, DC 20590. Telephone 202–
Environmental Impact Statement/ 366–9309, Email Bianca.carr@dot.gov.
Register. The project and action that is Subsequent Environmental Impact
the subject of this notice follow: SUPPLEMENTARY INFORMATION: As
Report and Draft Section 4(f) Evaluation described by the applicant the intended
Project name and location: Santa dated December 2016.
Clara Valley Transportation Authority’s service of the vessel TIMELESS is:
Bay Area Rapid Transit (BART) Silicon Elizabeth S. Riklin, —Intended Commercial Use of Vessel:
Valley Phase II Extension from the Deputy Associate Administrator for Planning ‘‘Passenger Charter’’
Berryessa/North San José Station to the and Environment. —Geographic Region: ‘‘Florida, Georgia,
Santa Clara Caltrain Station, in Santa [FR Doc. 2018–15531 Filed 7–19–18; 8:45 am] North Carolina, South Carolina’’
Clara County, California. BILLING CODE P
The complete application is given in
Project Sponsor: The Santa Clara DOT docket MARAD–2018–0110 at
daltland on DSKBBV9HB2PROD with NOTICES
Valley Transportation Authority (VTA). http://www.regulations.gov. Interested
Project description: VTA’s BART parties may comment on the effect this
Silicon Valley Program consists of a 16- action may have on U.S. vessel builders
mile extension of the BART system from or businesses in the U.S. that use U.S.-
BART’s existing Warm Springs/South flag vessels. If MARAD determines, in
Fremont Station in southern Fremont in accordance with 46 U.S.C. 12121 and
Alameda County into Santa Clara MARAD’s regulations at 46 CFR part
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Document Created: 2018-07-20 01:18:25
Document Modified: 2018-07-20 01:18:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | By this notice, FTA is advising the public of final agency actions subject to 23 U.S.C. 139(l) . A claim seeking judicial review of FTA actions announced herein for the listed public transportation project will be barred unless the claim is filed on or before December 17, 2018. | |
| Contact | Nancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, (312) 353-2577, or Alan Tabachnick, Environmental Protection Specialist, Office of Environmental Programs, (202) 366-8541. 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 Citation | 83 FR 34679 |
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