83 FR 62659 - Limitation on Claims Against Proposed Public Transportation Projects
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 83, Issue 233 (December 4, 2018)
Federal Transit Administration
Federal Register Volume 83, Issue 233 (December 4, 2018)
| Page Range | 62659-62660 | |
| FR Document | 2018-26254 |
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)] [Notices] [Pages 62659-62660] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26254] ----------------------------------------------------------------------- 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 in New York City, New York. 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 May 3, 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: The Metropolitan Transportation Authority (MTA) Second Avenue Subway Phase 2 Project, New York City, NY. Project sponsor: Metropolitan Transportation Authority. Project description: The Second Avenue Subway (SAS) Phase 2 Project includes the construction of the second phase of a new subway between 96th Street and 125th Street, in Manhattan, New York. SAS Phase 2 would connect to the recently completed Phase 1, which extended the existing Q subway service from 63rd Street to 96th Street. SAS Phase 2 will extend the Q subway service north to 125th Street. The MTA evaluated a modified design of Phase 2 in a supplemental environmental assessment (SEA) which evaluated environmental impact areas considered in the 2004 Final Environmental Impact Statement (FEIS) to determine whether the modified design would result in any new significant environmental impacts not disclosed in the FEIS or require mitigation measures not identified in the FEIS. Based on review of the SEA and consideration of public and agency comments, FTA issued a finding of no significant impact (FONSI) that the modified design will not result in new significant impacts on the environment and no new mitigation measures will be required; and therefore, the conclusions of the FEIS and ROD remain valid. This notice only applies to the discrete actions 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: Finding of No Significant Impact for the Second Avenue Subway Phase 2 New York City, New York, dated November 15, 2018. Supporting documentation: Supplemental Environmental Assessment to the Second Avenue [[Page 62660]] Subway Final Environmental Impact Statement: Phase 2, dated July 12, 2018. Elizabeth S. Riklin, Deputy Associate Administrator for Planning and Environment. [FR Doc. 2018-26254 Filed 12-3-18; 8:45 am] BILLING CODE P
![Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices 62659
which has been posted to the public described in the system of records FTA Regional Office for more
docket for this proceeding. APTA notice (DOT/ALL–14 FDMS), which can information. Contact information for
further states that because no be reviewed at https:// FTA’s Regional Offices may be found at
fundamental changes to the base air test www.transportation.gov/privacy. See https://www.fta.dot.gov.
requirements were made, no detailed also http://www.regulations.gov/ This notice applies to all FTA
analysis of safety equivalency with the #!privacyNotice for the privacy notice of decisions on the listed project as of the
previous approved standard is regulations.gov. issuance date of this notice and all laws
necessary. Issued in Washington, DC. under which such action was taken,
Copies of these documents and the including, but not limited to, NEPA [42
Robert C. Lauby,
petition, as well as any written U.S.C. 4321–4375], Section 4(f)
Associate Administrator for Safety Chief
communications concerning the Safety Officer.
requirements [23 U.S.C. 138, 49 U.S.C.
petition, are available for review online 303], Section 106 of the National
[FR Doc. 2018–26291 Filed 12–3–18; 8:45 am]
at www.regulations.gov and in person at Historic Preservation Act [54 U.S.C.
BILLING CODE 4910–06–P
the U.S. Department of Transportation’s 306108], and the Clean Air Act [42
(DOT) Docket Operations Facility, 1200 U.S.C. 7401–7671q]. This notice does
New Jersey Avenue SE, W12–140, not, however, alter or extend the
DEPARTMENT OF TRANSPORTATION
Washington, DC 20590. The Docket limitation period for challenges of
Operations Facility is open from 9 a.m. Federal Transit Administration project decisions subject to previous
to 5 p.m., Monday through Friday, notices published in the Federal
except Federal Holidays. Limitation on Claims Against Proposed Register. The project and action that is
Interested parties are invited to Public Transportation Projects the subject of this notice follow:
participate in these proceedings by Project name and location: The
submitting written views, data, or AGENCY: Federal Transit Administration Metropolitan Transportation Authority
comments. FRA does not anticipate (FTA), DOT. (MTA) Second Avenue Subway Phase 2
scheduling a public hearing in ACTION: Notice. Project, New York City, NY. Project
connection with these proceedings since sponsor: Metropolitan Transportation
SUMMARY: This notice announces final
the facts do not appear to warrant a Authority. Project description: The
environmental action taken by the
hearing. If any interested party desires Second Avenue Subway (SAS) Phase 2
Federal Transit Administration (FTA)
an opportunity for oral comment and a Project includes the construction of the
for a project in New York City, New
public hearing, they should notify FRA, second phase of a new subway between
York. The purpose of this notice is to
in writing, before the end of the 96th Street and 125th Street, in
announce publicly the environmental
comment period and specify the basis Manhattan, New York. SAS Phase 2
decision by FTA on the subject project
for their request. would connect to the recently
and to activate the limitation on any
All communications concerning these completed Phase 1, which extended the
claims that may challenge this final
proceedings should identify the existing Q subway service from 63rd
environmental action.
appropriate docket number and may be Street to 96th Street. SAS Phase 2 will
DATES: By this notice, FTA is advising
submitted by any of the following extend the Q subway service north to
the public of final agency actions 125th Street. The MTA evaluated a
methods: subject to 23 U.S.C. 139(l). A claim
• Website: http:// modified design of Phase 2 in a
seeking judicial review of FTA actions supplemental environmental assessment
www.regulations.gov. Follow the online
announced herein for the listed public (SEA) which evaluated environmental
instructions for submitting comments.
transportation project will be barred
• Fax: 202–493–2251. impact areas considered in the 2004
• Mail: Docket Operations Facility, unless the claim is filed on or before Final Environmental Impact Statement
U.S. Department of Transportation, 1200 May 3, 2019. (FEIS) to determine whether the
New Jersey Avenue SE, W12–140, FOR FURTHER INFORMATION CONTACT: modified design would result in any
Washington, DC 20590. Nancy-Ellen Zusman, Assistant Chief new significant environmental impacts
• Hand Delivery: 1200 New Jersey Counsel, Office of Chief Counsel, (312) not disclosed in the FEIS or require
Avenue SE, Room W12–140, 353–2577 or Juliet Bochicchio, mitigation measures not identified in
Washington, DC 20590, between 9 a.m. Environmental Protection Specialist, the FEIS. Based on review of the SEA
and 5 p.m., Monday through Friday, Office of Environmental Programs, (202) and consideration of public and agency
except Federal Holidays. 366–9348. FTA is located at 1200 New comments, FTA issued a finding of no
Communications received by January Jersey Avenue SE, Washington, DC significant impact (FONSI) that the
3, 2019 will be considered by FRA 20590. Office hours are from 9:00 a.m. modified design will not result in new
before final action is taken. Comments to 5:00 p.m., Monday through Friday, significant impacts on the environment
received after that date will be except Federal holidays. and no new mitigation measures will be
considered if practicable. SUPPLEMENTARY INFORMATION: Notice is required; and therefore, the conclusions
Anyone can search the electronic hereby given that FTA has taken final of the FEIS and ROD remain valid. This
form of any written communications agency action by issuing certain notice only applies to the discrete
and comments received into any of our approvals for the public transportation actions taken by FTA at this time, as
dockets by the name of the individual project listed below. The action on the described below. Nothing in this notice
submitting the comment (or signing the project, as well as the laws under which affects FTA’s previous decisions, or
document, if submitted on behalf of an such action was taken, are described in notice thereof, for this project. Final
association, business, labor union, etc.). the documentation issued in connection agency actions: Finding of No
Under 5 U.S.C. 553(c), DOT solicits with the project to comply with the Significant Impact for the Second
comments from the public to better National Environmental Policy Act Avenue Subway Phase 2 New York City,
inform its processes. DOT posts these (NEPA) and in other documents in the New York, dated November 15, 2018.
comments, without edit, including any FTA environmental project file for the Supporting documentation:
personal information the commenter project. Interested parties may contact Supplemental Environmental
provides, to www.regulations.gov, as either the project sponsor or the relevant Assessment to the Second Avenue
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![62660 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices
Subway Final Environmental Impact to the docket at www.regulations.gov, new submissions and supporting
Statement: Phase 2, dated July 12, 2018. including any personal information material.
provided. For detailed instructions on
Elizabeth S. Riklin, Will my comments be made available to
submitting comments, see the section
Deputy Associate Administrator for Planning the public?
entitled Public Participation.
and Environment. Yes. Be aware that your entire
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2018–26254 Filed 12–3–18; 8:45 am] comment, including your personal
Bianca Carr, U.S. Department of
BILLING CODE P
Transportation, Maritime identifying information, will be made
Administration, 1200 New Jersey publicly available.
Avenue SE, Room W23–453, May I submit comments confidentially?
DEPARTMENT OF TRANSPORTATION
Washington, DC 20590. Telephone 202–
If you wish to submit comments
Maritime Administration 366–9309, email Bianca.carr@dot.gov.
under a claim of confidentiality, you
SUPPLEMENTARY INFORMATION: As
[Docket No. MARAD–2018–0173] should submit three copies of your
described by the applicant the intended complete submission, including the
Requested Administrative Waiver of service of the vessel LOKI is: information you claim to be confidential
the Coastwise Trade Laws: Vessel —Intended Commercial Use of Vessel: business information, to the Department
LOKI 42′ Cruising Catamaran With ‘‘Coastal passenger charter use’’ of Transportation, Maritime
Fixed Keels; Invitation for Public —Geographic Region Including Base of Administration, Office of Legislation
Comments Operations: ‘‘California’’ (Base of and Regulations, MAR–225, W24–220,
Operations: Newport Beach, Ca) 1200 New Jersey Avenue SE,
AGENCY: Maritime Administration, DOT. —Vessel Length and Type: 42′ cruising Washington, DC 20590. Include a cover
ACTION: Notice. catamaran with fixed keels letter setting forth with specificity the
The complete application is available basis for any such claim and, if possible,
SUMMARY: The Secretary of for review identified in the DOT docket a summary of your submission that can
Transportation, as represented by the as MARAD–2018–0173 at http:// be made available to the public.
Maritime Administration (MARAD), is www.regulations.gov. Interested parties
authorized to grant waivers of the U.S.- may comment on the effect this action Privacy Act
build requirements of the coastwise may have on U.S. vessel builders or In accordance with 5 U.S.C. 553(c),
trade laws to allow the carriage of no businesses in the U.S. that use U.S.-flag DOT solicits comments from the public
more than twelve passengers for hire on vessels. If MARAD determines, in to better inform its rulemaking process.
vessels, which are three years old or accordance with 46 U.S.C. 12121 and DOT posts these comments, without
more. A request for such a waiver has MARAD’s regulations at 46 CFR part edit, to www.regulations.gov, as
been received by MARAD. The vessel, 388, that the issuance of the waiver will described in the system of records
and a brief description of the proposed have an unduly adverse effect on a U.S.- notice, DOT/ALL–14 FDMS, accessible
service, is listed below. vessel builder or a business that uses through www.dot.gov/privacy. To
DATES: Submit comments on or before U.S.-flag vessels in that business, a facilitate comment tracking and
January 3, 2019. waiver will not be granted. Comments response, we encourage commenters to
ADDRESSES: You may submit comments should refer to the vessel name, state the provide their name, or the name of their
identified by DOT Docket Number commenter’s interest in the waiver organization; however, submission of
MARAD–2018–0173 by any one of the application, and address the waiver names is completely optional. Whether
following methods: criteria given in section 388.4 of or not commenters identify themselves,
• Federal eRulemaking Portal: Go to MARAD’s regulations at 46 CFR part all timely comments will be fully
http://www.regulations.gov. Search 388. considered. If you wish to provide
MARAD–2018–0173 and follow the comments containing proprietary or
Public Participation confidential information, please contact
instructions for submitting comments.
• Mail or Hand Delivery: Docket How do I submit comments? the agency for alternate submission
Management Facility is in the West Please submit your comments, instructions.
Building, Ground Floor of the U.S. including the attachments, following the (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,
Department of Transportation. The instructions provided under the above 46 U.S.C. 12121) * * *
Docket Management Facility location heading entitled ADDRESSES. Be advised Dated: November 28, 2018.
address is: U.S. Department of that it may take a few hours or even By Order of the Maritime Administrator.
Transportation, MARAD–2018–0173, days for your comment to be reflected T. Mitchell Hudson, Jr.,
1200 New Jersey Avenue SE, West on the docket. In addition, your Secretary, Maritime Administration.
Building, Room W12–140, Washington, comments must be written in English.
DC 20590, between 9 a.m. and 5 p.m., [FR Doc. 2018–26236 Filed 12–3–18; 8:45 am]
We encourage you to provide concise
Monday through Friday, except on BILLING CODE 4910–81–P
comments and you may attach
Federal holidays. additional documents as necessary.
Note: If you mail or hand-deliver your There is no limit on the length of the DEPARTMENT OF TRANSPORTATION
comments, we recommend that you include attachments.
your name and a mailing address, an email Maritime Administration
address, or a telephone number in the body Where do I go to read public comments,
of your document so that we can contact you and find supporting information? [Docket No. MARAD–2018–0166]
if we have questions regarding your Go to the docket online at http://
submission. Requested Administrative Waiver of
www.regulations.gov., keyword search
the Coastwise Trade Laws: Vessel
Instructions: All submissions received MARAD–2018–0173 or visit the Docket
ALYOSHA; Invitation for Public
must include the agency name and Management Facility (see ADDRESSES for
Comments
specific docket number. All comments hours of operation). We recommend that
received will be posted without change you periodically check the Docket for AGENCY: Maritime Administration, DOT.
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Document Created: 2018-12-04 00:41:57
Document Modified: 2018-12-04 00:41:57
| 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 May 3, 2019. | |
| 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. | |
| FR Citation | 83 FR 62659 |
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