Notice of Final Federal Actions on the Kosciuszko Bridge (Interstate 278) Over Newtown Creek, Kings and Queens Counties, NY, 16440-16441 [E9-8191]

Download as PDF 16440 Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Notices Comments submitted by mail should be addressed to Ms. Stacey M. Zee, FAA Environmental Specialist, FAA Experimental Permits PEIS, c/o ICF International, 9300 Lee Highway, Fairfax, VA 22031. Comments may be submitted via electronic mail to PEIS– Experimental-Permits@icfi.com. Comments also may be submitted via fax to (703) 934–3951. The Draft PEIS may be viewed at the following locations: ADDRESSES: Alaska Chiniak Public Library, Mile 41, Chiniak, AK 99615. Kodiak Library, 319 Lower Mill Bay Road, Kodiak, Alaska 99615. California Kern County Library, 9507 California City Blvd., California City, CA 93505. Lompoc Library, 3755 Constellation Rd., Lompoc, CA 93436. Lompoc Public Library, 501 E North Ave., Lompoc, CA 93436. Mojave Public Library, 16916–1/2 Highway 14, Mojave, CA 93501. Florida Merritt Island Public Library, 1195 North Courtenay Parkway, Merritt Island, FL 32953. Titusville Public Library, 2121 S. Hopkins Ave., Titusville, FL 32780. New Mexico Truth or Consequences Library, 325 Library Lane, Truth or Consequences, NM 87901. Hatch Public Library, 503 E Hall St., Hatch, NM 87937. Oklahoma Clinton Public Library, 721 Frisco Ave., Clinton, OK 73601. Elk City Carnegie Library, 221 West Broadway, Elk City, OK 73644. Virginia Island Library, 4077 Main St., Chincoteague, VA 23336. Eastern Shore Public Library, 23610 Front St., Accomac, VA 23301. The FAA also sent the Draft PEIS to interested persons and agencies shown on the distribution list in Chapter 8 of the PEIS. The Draft PEIS, along with the Notice of Intent (NOI) to prepare the Draft PEIS, are available on the Internet in Adobe® portable document format at https://www.faa.gov/about/office_org/ headquarters_offices/ast/ environmental/review/ documents_progress/. Additional Information: Under the Proposed Action, the FAA would issue experimental permits for the launch and reentry of reusable suborbital rockets VerDate Nov<24>2008 15:39 Apr 09, 2009 Jkt 217001 from both FAA-licensed and nonlicensed launch sites using the PEIS as the basis for determining the potential environmental consequences of issuing experimental permits. An experimental permit would implement the appropriate safety requirements as defined in 14 CFR part 437. A permit would be valid for 1 year and would authorize an unlimited number of launches and reentries of a particular reusable suborbital rocket design from a specified site(s). A permittee could renew the permit by submitting a written application to the FAA for renewal at least 60 days before the permit expired. Based on the FAA’s review of past activities and consultations with various organizations in the commercial space industry, the FAA projected that a maximum of 1,000 launch and reentry events could occur annually at any one location from 2009 to 2014. The FAA used this estimate to develop an upper bound to assess the potential impacts of the Experimental Permit Program. In some cases, the maximum number of events analyzed in the PEIS for specific sites are fewer than 1,000 if the site cannot support all of the flight profiles identified in the PEIS. The estimates used in the PEIS are extremely conservative and the actual number of launches per year would likely be lower. The PEIS considers activities associated with the launch and reentry of reusable suborbital rockets, including pre-flight activities, flight profile (takeoff, flight, and landing), and postflight activities (vehicle safing). The general suborbital rocket designs addressed in the PEIS include vehicles resembling conventional aircraft—30 to 140 feet long with unfueled weight of up to 9,921 pounds; vehicles resembling conventional rockets—6 to 33 feet long with unfueled weight of up to 5,500 pounds; and vehicles that hover—up to 20 feet in length or diameter with unfueled weight of up to 4,400 pounds. To assess potential impacts of the Experiment Permit Program, the PEIS also considers the approximate proportions of general reusable suborbital rocket flight profiles, as follows: (1) Horizontal takeoff (rocket or jet powered), flight, and horizontal landing (glide or jet powered); (2) vertical takeoff (rocket powered), flight, and vertical landing (rocket powered or parachute); and (3) rocket powered hovering flights (vertical takeoff and landing). The PEIS analyzes the potential environmental effects of permitted launches on the impact categories described in FAA Order 1050.1E, PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 Change 1. The PEIS does not analyze environmental consequences specific to construction because the Proposed Action and No Action Alternative do not involve construction activities. The PEIS also addresses potential cumulative impacts of the Proposed Action. FOR FURTHER INFORMATION CONTACT: Ms. Stacey M. Zee, FAA Environmental Specialist, FAA Experimental Permits PEIS, c/o ICF International, 9300 Lee Highway, Fairfax, VA 22031; e-mail PEIS–Experimental-Permits@icfi.com; or fax (703) 934–3951. Issued in Washington, DC, on March 26, 2009. Michael McElligott, Manager, Space Systems Development Division. [FR Doc. E9–7913 Filed 4–9–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Actions on the Kosciuszko Bridge (Interstate 278) Over Newtown Creek, Kings and Queens Counties, NY AGENCY: Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Notice of limitation on claims for judicial review of actions by FHWA and other Federal agencies. SUMMARY: This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the proposed highway project and the replacement of the Kosciuszko Bridge over Newtown Creek. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA is advising the public of the final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before October 7, 2009. If the federal law that authorizes judicial review of a claim provides a time period less than 180 days for filing such claim, then the shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Jeffrey Kolb, P.E., Division Administrator, Federal Highway Administration, New York Division, Leo W. O’Brien Federal Building, Suite 719, Clinton Avenue and North Pearl Street, E:\FR\FM\10APN1.SGM 10APN1 Federal Register / Vol. 74, No. 68 / Friday, April 10, 2009 / Notices Albany, New York 12207, Telephone: 518–431–4127. Or Norik Tatevossian, P.E., Director of Structures, New York State Department of Transportation, Region 11, Hunters Point Plaza, 47–40 21st Street, Long Island City, NY 11101, Telephone: 718– 482–4683. SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA, and other Federal agencies have taken their final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of New York: The Kosciuszko Bridge (Interstate 278) over Newtown Creek, Kings and Queens Counties. The preferred environmental alternative replaces the existing bridge, building a new permanent, parallel bridge on the eastbound (Queensbound) side of the existing bridge. The new bridge will be built at a lower elevation to allow for reduced grades. When completed, the Kosciuszko Bridge will include auxiliary lanes in both directions, carrying five lanes of eastbound traffic and four lanes of westbound traffic, and have standard lane widths and shoulders. The new bridge will also include a bikeway/ walkway on the north side of the bridge. The selected alternative provides superior safety, operational, and structural improvements compared with the other build alternatives, while minimizing adverse social, economic, and environmental impacts to the extent practicable. The new bridge will be constructed at a lower elevation, decreasing the vertical clearance over Newtown Creek from 38 m (125′–0″) to approximately 27 m (88′–6″), to improve traffic safety and operations on the bridge by decreasing the steep roadway grades. The reduced grades will significantly improve the vertical stopping sight distance on the main span of the bridge, meeting the current interstate highway standard. As described in the Final EIS, constructing the new bridge 11 m (36 ft) lower than the existing bridge will not impede maritime traffic on the creek. The project will also include the construction of a new bikeway/walkway on the north side of the westbound (Brooklyn-bound) structure and substantial increases in both the quality and quantity of parkland (with both active and passive recreation features) in the project area, between four and five times over existing park space. Other mitigation measures include streetscaping enhancements along all streets to be reconstructed as part of the project, including new tree plantings, VerDate Nov<24>2008 15:39 Apr 09, 2009 Jkt 217001 reconstructed sidewalks, new street lighting, improved crosswalks, and better pedestrian sightlines. In addition, boat launches for small, non-motorized boats on each side of Newtown Creek will be provided. The actions taken by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Impact Statement (FEIS) issued on November 25, 2008 and in the FHWA Record of Decision (ROD) issued on March 3, 2009. The FEIS, ROD, and other project records are available by contacting the FHWA or the New York State Department of Transportation at the addresses provided above, or they can be viewed and downloaded at the project Web site (https:// www.nysdot.gov/regional-offices/ region11/projects/kosciuszko-bridgeproject), or viewed at public libraries in the project area. This notice applies to all Federal agency decisions related to the replacement of the Kosciuszko Bridge over Newtown Creek project as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. National Environmental Policy Act [42 U.S.C. 4321–4351]. 2. Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 3. Clean Air Act [42 U.S.C. 7401– 7671(q)]. 4. Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]. 5. Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536]. 6. Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]. 7. Migratory Bird Treaty Act [16 U.S.C. 703–712]. 8. Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]. 9. Civil Rights Act of 1964 [42 U.S.C. 2000(d)–2000(d)(1)]. 10. Farmland Protection Policy Act [7 U.S.C. 4201–4209]. 11. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251–1377] 12. Land and Water Conservation Fund [16 U.S.C. 4601–4604]. 13. Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]. 14. Executive Order 11990 Protection of Wetlands. 15. Executive Order 11988 Floodplain Management. 16. Executive Order 12898, Federal Actions to Address Environmental Justice Minority Populations and Low Income Populations. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 16441 and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on April 2, 2009. Jeffrey W. Kolb, Division Administrator, Federal Highway Administration, Albany, New York. [FR Doc. E9–8191 Filed 4–9–09; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Ex Parte No. 431 (Sub-No. 3)] Review of the Surface Transportation Board’s General Costing System Surface Transportation Board. Notice of public hearing. AGENCY: ACTION: SUMMARY: The Surface Transportation Board will hold a public hearing beginning at 9 a.m. on Thursday, April 30, 2009, at its headquarters in Washington, DC. The purpose of the public hearing will be to examine issues related to the Board’s Uniform Railroad Costing System (URCS). Persons wishing to speak at the hearing should notify the Board in writing. DATES: The public hearing will take place on Thursday, April 30, 2009. Any person wishing to speak at the hearing should file with the Board a combined written notice of intent to participate (identifying the party, the proposed speaker, the time requested, and topic(s) to be covered) and their written testimony as soon as possible, but no later than April 23, 2009. Written submissions by interested persons who do not wish to appear at the hearing will also be due by April 23, 2009. ADDRESSES: All combined notices of intent to participate and testimony may be submitted either via the Board’s efiling format or in the traditional paper format. Any person using e-filing should attach a document and otherwise comply with the Board’s https:// www.stb.dot.gov Web site, at the ‘‘E– FILING’’ link. Any person submitting a filing in the traditional paper format should send an original and 10 copies of the filing to: Surface Transportation Board, Attn: STB Ex Parte No. 431 (SubNo. 3), 395 E Street, SW., Washington, DC 20423–0001. FOR FURTHER INFORMATION CONTACT: Timothy J. Strafford, (202) 245–0356. [Assistance for the hearing impaired is available through the Federal E:\FR\FM\10APN1.SGM 10APN1

Agencies

[Federal Register Volume 74, Number 68 (Friday, April 10, 2009)]
[Notices]
[Pages 16440-16441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8191]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Actions on the Kosciuszko Bridge 
(Interstate 278) Over Newtown Creek, Kings and Queens Counties, NY

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal agencies.

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

SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to the proposed highway project and the 
replacement of the Kosciuszko Bridge over Newtown Creek. Those actions 
grant licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA is advising the public of the final 
agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial 
review of the Federal agency actions on the highway project will be 
barred unless the claim is filed on or before October 7, 2009. If the 
federal law that authorizes judicial review of a claim provides a time 
period less than 180 days for filing such claim, then the shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: Jeffrey Kolb, P.E., Division 
Administrator, Federal Highway Administration, New York Division, Leo 
W. O'Brien Federal Building, Suite 719, Clinton Avenue and North Pearl 
Street,

[[Page 16441]]

Albany, New York 12207, Telephone: 518-431-4127.
    Or
    Norik Tatevossian, P.E., Director of Structures, New York State 
Department of Transportation, Region 11, Hunters Point Plaza, 47-40 
21st Street, Long Island City, NY 11101, Telephone: 718-482-4683.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA, and 
other Federal agencies have taken their final agency actions subject to 
23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the 
following highway project in the State of New York: The Kosciuszko 
Bridge (Interstate 278) over Newtown Creek, Kings and Queens Counties. 
The preferred environmental alternative replaces the existing bridge, 
building a new permanent, parallel bridge on the eastbound (Queens-
bound) side of the existing bridge. The new bridge will be built at a 
lower elevation to allow for reduced grades. When completed, the 
Kosciuszko Bridge will include auxiliary lanes in both directions, 
carrying five lanes of eastbound traffic and four lanes of westbound 
traffic, and have standard lane widths and shoulders. The new bridge 
will also include a bikeway/walkway on the north side of the bridge. 
The selected alternative provides superior safety, operational, and 
structural improvements compared with the other build alternatives, 
while minimizing adverse social, economic, and environmental impacts to 
the extent practicable.
    The new bridge will be constructed at a lower elevation, decreasing 
the vertical clearance over Newtown Creek from 38 m (125'-0'') to 
approximately 27 m (88'-6''), to improve traffic safety and operations 
on the bridge by decreasing the steep roadway grades. The reduced 
grades will significantly improve the vertical stopping sight distance 
on the main span of the bridge, meeting the current interstate highway 
standard. As described in the Final EIS, constructing the new bridge 11 
m (36 ft) lower than the existing bridge will not impede maritime 
traffic on the creek. The project will also include the construction of 
a new bikeway/walkway on the north side of the westbound (Brooklyn-
bound) structure and substantial increases in both the quality and 
quantity of parkland (with both active and passive recreation features) 
in the project area, between four and five times over existing park 
space. Other mitigation measures include streetscaping enhancements 
along all streets to be reconstructed as part of the project, including 
new tree plantings, reconstructed sidewalks, new street lighting, 
improved crosswalks, and better pedestrian sightlines. In addition, 
boat launches for small, non-motorized boats on each side of Newtown 
Creek will be provided.
    The actions taken by the Federal agencies, and the laws under which 
such actions were taken, are described in the Final Environmental 
Impact Statement (FEIS) issued on November 25, 2008 and in the FHWA 
Record of Decision (ROD) issued on March 3, 2009. The FEIS, ROD, and 
other project records are available by contacting the FHWA or the New 
York State Department of Transportation at the addresses provided 
above, or they can be viewed and downloaded at the project Web site 
(https://www.nysdot.gov/regional-offices/region11/projects/kosciuszko-bridge-project), or viewed at public libraries in the project area.
    This notice applies to all Federal agency decisions related to the 
replacement of the Kosciuszko Bridge over Newtown Creek project as of 
the issuance date of this notice and all laws under which such actions 
were taken, including but not limited to:
    1. National Environmental Policy Act [42 U.S.C. 4321-4351].
    2. Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    3. Clean Air Act [42 U.S.C. 7401-7671(q)].
    4. Section 4(f) of the Department of Transportation Act of 1966 [49 
U.S.C. 303].
    5. Endangered Species Act [16 U.S.C. 1531-1544 and Section 1536].
    6. Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)].
    7. Migratory Bird Treaty Act [16 U.S.C. 703-712].
    8. Section 106 of the National Historic Preservation Act of 1966, 
as amended [16 U.S.C. 470(f) et seq.].
    9. Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)].
    10. Farmland Protection Policy Act [7 U.S.C. 4201-4209].
    11. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]
    12. Land and Water Conservation Fund [16 U.S.C. 4601-4604].
    13. Rivers and Harbors Act of 1899 [33 U.S.C. 401-406].
    14. Executive Order 11990 Protection of Wetlands.
    15. Executive Order 11988 Floodplain Management.
    16. Executive Order 12898, Federal Actions to Address Environmental 
Justice Minority Populations and Low Income Populations.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

    Authority: 23 U.S.C. 139(l)(1).

    Issued on April 2, 2009.
Jeffrey W. Kolb,
Division Administrator, Federal Highway Administration, Albany, New 
York.
[FR Doc. E9-8191 Filed 4-9-09; 8:45 am]
BILLING CODE 4910-RY-P