83_FR_58542 83 FR 58319 - Limitation on Claims Against Proposed Public Transportation Projects

83 FR 58319 - Limitation on Claims Against Proposed Public Transportation Projects

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 83, Issue 223 (November 19, 2018)

Page Range58319-58319
FR Document2018-25132

This notice announces final environmental action taken by the Federal Transit Administration (FTA) for a project from the City of Gary to Michigan City, Indiana. The purpose of this notice is to announce publicly the environmental decision by FTA on the subject project and to activate the limitation on any claims that may challenge this final environmental action.

Federal Register, Volume 83 Issue 223 (Monday, November 19, 2018)
[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Page 58319]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25132]


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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 action taken by the 
Federal Transit Administration (FTA) for a project from the City of 
Gary to Michigan City, Indiana. The purpose of this notice is to 
announce publicly the environmental decision by FTA on the subject 
project and to activate the limitation on any claims that may challenge 
this final environmental action.

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 April 18, 
2019.

FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief 
Counsel, Office of Chief Counsel, (312) 353-2577 or Juliet Bochicchio, 
Environmental Protection Specialist, Office of Environmental Programs, 
(202) 366-9348. 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 certain approvals for the public 
transportation project listed below. The action on the project, as well 
as the laws under which such action was 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 environmental project file for the project. 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 project as 
of the issuance date of this notice and all laws under which such 
action was taken, including, but not limited to, 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 [54 U.S.C. 
306108], 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: Double Track Northwest Indiana Project, 
Gary to Michigan City, Indiana. Project sponsor: Northern Indiana 
Commuter Transportation District. Project description: The Double Track 
Northwest Indiana (DT-NWI) Project proposes to expand the South Shore 
Line (SSL) commuter line railroad capacity along an approximately 26.6-
mile corridor from Gary at milepost 58.8, west of Virginia Street, to 
milepost 32.2 near Carroll Avenue in Michigan City, Indiana. The 
Northern Indiana Commuter Transportation District (NICTD) proposes to 
expand the existing SSL capacity to meet current and future commuter 
ridership demand through construction of a continuous double track 
railroad system (14.2 miles of a second mainline and five high-speed 
crossovers), removal/replacement of in-street tracks, four bridges, 
five station improvements with associated track improvements, one new 
crossing diamond, replacement of an existing crossing diamond, and 
installation of signal and overhead contact system infrastructure. This 
notice applies only to the discrete action taken by FTA at this time, 
as described below. Nothing in this notice affects FTA's previous 
decisions, or notice thereof, for this project. Final agency actions: 
Section 4(f) determination, dated September 18, 2017; Section 106 
finding of adverse effect, dated August 31, 2017; A Section 106 
Memorandum of Agreement, dated December 8, 2017; project-level air 
quality conformity, and Finding of No Significant Impact for the Double 
Track Northwest Indiana Project, Gary to Michigan City, Indiana, dated 
November 1, 2018. Supporting documentation: Environmental Assessment 
and Section 4(f) Evaluation for NICTD Double Track NWI (DT-NWI) 
Milepost (MP) 58.8 to MP 32.2 dated, September 18, 2017.

Elizabeth S. Riklin,
Deputy Associate Administrator for Planning and Environment.
[FR Doc. 2018-25132 Filed 11-16-18; 8:45 am]
 BILLING CODE P



                                                                          Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices                                                 58319

                                               parameters fall outside those analyzed                  unless the claim is filed on or before                second mainline and five high-speed
                                               in the EA, the FAA would re-evaluate                    April 18, 2019.                                       crossovers), removal/replacement of in-
                                               the potential impacts and, if necessary,                FOR FURTHER INFORMATION CONTACT:                      street tracks, four bridges, five station
                                               prepare additional NEPA analysis.                       Nancy-Ellen Zusman, Assistant Chief                   improvements with associated track
                                                 The Final EA addresses the potential                  Counsel, Office of Chief Counsel, (312)               improvements, one new crossing
                                               environmental impacts of Space                          353–2577 or Juliet Bochicchio,                        diamond, replacement of an existing
                                               Florida’s proposal to construct and                     Environmental Protection Specialist,                  crossing diamond, and installation of
                                               operate the SLF as a launch location for                Office of Environmental Programs, (202)               signal and overhead contact system
                                               horizontally launched and landed                        366–9348. FTA is located at 1200 New                  infrastructure. This notice applies only
                                               rockets. The Final EA considers the                     Jersey Avenue SE, Washington, DC                      to the discrete action taken by FTA at
                                               potential environmental impacts of the                  20590. Office hours are from 9:00 a.m.                this time, as described below. Nothing
                                               Proposed Action and the No Action                       to 5:00 p.m., Monday through Friday,                  in this notice affects FTA’s previous
                                               Alternative. The successful completion                  except Federal holidays.                              decisions, or notice thereof, for this
                                               of the environmental review process                     SUPPLEMENTARY INFORMATION: Notice is
                                                                                                                                                             project. Final agency actions: Section
                                               does not guarantee that the FAA Office                  hereby given that FTA has taken final                 4(f) determination, dated September 18,
                                               of Commercial Space Transportation                                                                            2017; Section 106 finding of adverse
                                                                                                       agency action by issuing certain
                                               would issue a Launch Site Operator                                                                            effect, dated August 31, 2017; A Section
                                                                                                       approvals for the public transportation
                                               License to Space Florida. The project                                                                         106 Memorandum of Agreement, dated
                                                                                                       project listed below. The action on the
                                               must also meet all FAA requirements of                                                                        December 8, 2017; project-level air
                                                                                                       project, as well as the laws under which
                                               a Launch Site Operator License.                                                                               quality conformity, and Finding of No
                                                                                                       such action was taken, are described in
                                               Individual launch operators proposing                                                                         Significant Impact for the Double Track
                                                                                                       the documentation issued in connection
                                               to launch from the site would be                                                                              Northwest Indiana Project, Gary to
                                                                                                       with the project to comply with the
                                               required to obtain a separate launch                                                                          Michigan City, Indiana, dated November
                                                                                                       National Environmental Policy Act
                                               operator license.                                                                                             1, 2018. Supporting documentation:
                                                                                                       (NEPA) and in other documents in the
                                                 An electronic version of the Final EA                                                                       Environmental Assessment and Section
                                                                                                       FTA environmental project file for the                4(f) Evaluation for NICTD Double Track
                                               and FONSI/ROD is available on the
                                                                                                       project. Interested parties may contact               NWI (DT–NWI) Milepost (MP) 58.8 to
                                               FAA Office of Commercial Space
                                                                                                       either the project sponsor or the relevant            MP 32.2 dated, September 18, 2017.
                                               Transportation website at: https://
                                                                                                       FTA Regional Office for more
                                               www.faa.gov/about/office_org/                                                                                 Elizabeth S. Riklin,
                                                                                                       information. Contact information for
                                               headquarters_offices/ast/
                                                                                                       FTA’s Regional Offices may be found at                Deputy Associate Administrator for Planning
                                               environmental/nepa_docs/review/                                                                               and Environment.
                                                                                                       https://www.fta.dot.gov.
                                               documents_progress/space_florida/.                         This notice applies to all FTA                     [FR Doc. 2018–25132 Filed 11–16–18; 8:45 am]
                                                 Issued in Washington, DC, on November                 decisions on the listed project as of the             BILLING CODE P
                                               13, 2018.                                               issuance date of this notice and all laws
                                               Daniel Murray,                                          under which such action was taken,
                                               Manager, Space Transportation Development               including, but not limited to, NEPA [42               DEPARTMENT OF TRANSPORTATION
                                               Division.                                               U.S.C. 4321–4375], Section 4(f)
                                               [FR Doc. 2018–25186 Filed 11–16–18; 8:45 am]            requirements [23 U.S.C. 138, 49 U.S.C.                Pipeline and Hazardous Materials
                                               BILLING CODE 4910–13–P                                  303], Section 106 of the National                     Safety Administration
                                                                                                       Historic Preservation Act [54 U.S.C.                  [Docket No. PHMSA–2018–0100; Notice No.
                                                                                                       306108], and the Clean Air Act [42                    2018–21]
                                               DEPARTMENT OF TRANSPORTATION                            U.S.C. 7401–7671q]. This notice does
                                                                                                       not, however, alter or extend the                     Hazardous Materials: Emergency
                                               Federal Transit Administration                          limitation period for challenges of                   Waiver No. 10
                                               Limitation on Claims Against Proposed                   project decisions subject to previous                 AGENCY: Pipeline and Hazardous
                                               Public Transportation Projects                          notices published in the Federal                      Materials Safety Administration
                                                                                                       Register. The project and action that is              (PHMSA), DOT.
                                               AGENCY: Federal Transit Administration                  the subject of this notice follow:                    ACTION: Notice of emergency waiver
                                               (FTA), DOT.                                                Project name and location: Double                  order.
                                               ACTION: Notice.                                         Track Northwest Indiana Project, Gary
                                                                                                       to Michigan City, Indiana. Project                    SUMMARY:   PHMSA is issuing an
                                               SUMMARY:   This notice announces final                  sponsor: Northern Indiana Commuter                    emergency waiver order to persons
                                               environmental action taken by the                       Transportation District. Project                      conducting operations under the
                                               Federal Transit Administration (FTA)                    description: The Double Track                         direction of Environmental Protection
                                               for a project from the City of Gary to                  Northwest Indiana (DT–NWI) Project                    Agency (EPA) Region 9 or United States
                                               Michigan City, Indiana. The purpose of                  proposes to expand the South Shore                    Coast Guard (USCG) Eleventh District
                                               this notice is to announce publicly the                 Line (SSL) commuter line railroad                     within the California Wildfire
                                               environmental decision by FTA on the                    capacity along an approximately 26.6-                 emergency area. The Waiver is granted
                                               subject project and to activate the                     mile corridor from Gary at milepost                   to support the EPA and USCG in taking
                                               limitation on any claims that may                       58.8, west of Virginia Street, to milepost            appropriate actions to prepare for,
                                               challenge this final environmental                      32.2 near Carroll Avenue in Michigan                  respond to, and recover from a threat to
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                                               action.                                                 City, Indiana. The Northern Indiana                   public health, welfare, or the
                                               DATES: By this notice, FTA is advising                  Commuter Transportation District                      environment caused by actual or
                                               the public of final agency actions                      (NICTD) proposes to expand the existing               potential oil and hazardous materials
                                               subject to 23 U.S.C. 139(l). A claim                    SSL capacity to meet current and future               incidents resulting from the California
                                               seeking judicial review of FTA actions                  commuter ridership demand through                     Wildfires. This Waiver Order is effective
                                               announced herein for the listed public                  construction of a continuous double                   immediately and shall remain in effect
                                               transportation project will be barred                   track railroad system (14.2 miles of a                for 30 days from the date of issuance.


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Document Created: 2018-11-17 02:47:02
Document Modified: 2018-11-17 02:47:02
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 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 April 18, 2019.
ContactNancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, (312) 353-2577 or Juliet Bochicchio, Environmental Protection Specialist, Office of Environmental Programs, (202) 366-9348. 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 Citation83 FR 58319 

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