Notice of Limitation on Claims Against Proposed Public Transportation Projects, 65203-65205 [E9-29374]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Notices]
[Pages 65203-65205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29374]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Notice of Limitation on Claims Against Proposed Public 
Transportation Projects

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Limitation on Claims.

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SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) for the following projects: (1) 
Main Street Multi-Modal Access Project, Buffalo, New York; (2) Multi-
modal Transit Facility, San Angelo, Texas; (3) East Corridor Project, 
Denver, Aurora, Adams County, Colorado; (4) Gold Line Corridor Project, 
Denver, Arvada, Wheat Ridge, Adams County, Jefferson County, Colorado; 
(5) Lackawanna Cut-off Passenger Rail Service Restoration Project, New 
Jersey Transit Corporation, New Jersey; (6) Pennsauken Junction Transit 
Center Park and Ride, Camden County, New Jersey; (7) Second Avenue 
Subway, modifications to the 72nd Street and 86th Street Station 
Entrances, New York, New York; (8) 35th Street Commuter Station, 
Chicago Illinois; (9) Provo Inter-modal Center, Provo City, Utah; (10) 
Southside Maintenance Facility Replacement Project, Norfolk, Virginia; 
(11) Knoxville Station Transit Center, Knoxville, Tennessee; and (12) 
AMTRAN Transit Facility Expansion Project, Altoona, Pennsylvania. 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 the FTA actions announced 
herein for the listed public transportation projects will be barred 
unless the claim is filed on or before June 7, 2010.

FOR FURTHER INFORMATION CONTACT: Antoinette Quagliata, Environmental 
Protection Specialist, Office of Planning and Environment, 202-366-
4265, or Christopher Van Wyk, Attorney-Advisor, Office of Chief 
Counsel, 202-366-1733. FTA is located at 1200 New Jersey Avenue, SE., 
Washington, DC 20590. Office hours are from 9 a.m. to 5:30 p.m., EST, 
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 these projects, 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 relevant FTA Regional Office 
for more information on these projects. 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 of 
180 days 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: City of Buffalo Main Street Multi-
modal Access and Revitalization Project, Buffalo, New York. Project 
sponsor: Niagara Frontier Transportation Authority (NFTA). Project 
description: The Project will reopen the 1.2-mile Main Street 
pedestrian mall in downtown Buffalo to vehicular traffic from Tupper 
Street to Scott Street. Two-way vehicular traffic will share NFTA's 
existing Light Rail Rapid Transit LRRT track bed. The Project also 
involves the reopening of cross streets that will facilitate the 
introduction of vehicular traffic within the Main Street right-of-way. 
Seven transit stations will be modified to allow vehicular access, 
while maintaining existing at-grade access by Light Rail Rapid Transit 
vehicles. This Project is part of an overall strategy to help 
revitalize downtown Buffalo. Final agency actions: Section 106 finding 
of no adverse effect; project-level air quality conformity 
determination; no use of Section 4(f) properties; and a Finding of No 
Significant Impact (FONSI) signed October 5, 2009. Supporting 
documentation: City of Buffalo Main Street Multi-Modal Access and 
Revitalization Project Environmental Assessment (EA) dated April 2009.
    2. Project name and location: Multi-modal Transit Facility/
Administration Facility, San Angelo, Texas. Project sponsor: Concho 
Valley Transit District. Project description: The Project will 
construct a combined multi-modal transit terminal and administration 
building. It will include a 7,200-square-foot structure, of which 6,000 
square feet will be used for administrative/transit operations and 
customer service support centers, including the Concho Valley Transit 
District, which includes the San Angelo Street Railroad Company transit 
operations, Kerrville Coaches, and Concho Coaches; and 1,200 square 
feet will be used for joint development space. The transit terminal

[[Page 65204]]

will include a 15-bay lot, where intercity vehicles will use one of 
three large head-in bays and local vehicles will use one of 12 pull-
through bays. The bays will be arranged around the perimeter of the 
transit courtyard. Other uses of the multimodal terminal will include 
taxi parking, package express, customer pick-up/drop-off, parking for 
65 vehicles, and transit vehicle storage for nine vehicles. Final 
agency actions: Section 106 finding of no adverse effect; no use of 
Section 4(f) properties; and a FONSI signed December 23, 2008. 
Supporting documentation: EA for the Concho Valley Multi-Modal Transit 
Terminal/Administration Building Project dated July 2006.
    3. Project name and location: East Corridor Project, Denver, 
Aurora, Adams County, Colorado. Project sponsor: Regional 
Transportation District. Project description: The Project consists of 
an electric multiple unit commuter rail train and track system between 
Denver Union Station and Denver International Airport, located 23 miles 
northeast of downtown Denver. The Project alignment will operate on a 
double-track system using a combination of Union Pacific Railroad right 
of way, private property, and shared City and County of Denver and City 
of Aurora right of way. The new track will not be shared with existing 
or planned freight rail operations. East Corridor vehicles will use the 
shared alignment north of Denver Union Station to the commuter rail 
maintenance facility with the FasTracks' Gold Line, North Metro, and 
Northwest commuter rail corridors. Final agency actions: Section 106 
Memorandum of Agreement dated September 2009; project-level air quality 
conformity determination; Section 4(f) determination; and a Record of 
Decision (ROD) signed November 6, 2009. Supporting documentation: Final 
Environmental Impact Statement (FEIS) for the East Corridor Project 
dated September 4, 2009.
    4. Project name and location: Gold Line Corridor Project, Denver, 
Aurora, Adams County, Colorado. Project sponsor: Regional 
Transportation District. Project description: The Project consists of 
an 11.2-mile Electric Multiple Unit commuter rail system operating 
between Denver Union Station in downtown Denver and Ward Road in Wheat 
Ridge with seven stations. The Project alignment will operate primarily 
on a double-track system dedicated to commuter rail with no track being 
shared with freight rail operations. The Project from Denver Union 
Station to the commuter rail maintenance facility, shares the alignment 
with all of the FasTracks commuter rail corridors (East, North Metro, 
and Northwest Rail) for vehicle service at the commuter rail 
maintenance facility. Passenger service for the Gold Line and Northwest 
Rail share the alignment from Denver Union Station to Pecos Street. 
West of Pecos Street to Ward Road, the Project alignment separates from 
the Northwest Rail project and travels on its own alignment separate 
from the freight railroad to Ward Road. Final agency actions: Section 
106 Memorandum of Agreement dated July 2009; project-level air quality 
conformity determination; Section 4(f) determination; and a ROD signed 
November 2, 2009. Supporting documentation: FEIS for the Gold Line 
Corridor Project dated August 21, 2009.
    5. Project name and location: Lackawanna Cut-Off Passenger Rail 
Service Restoration Project; Morris, Warren, and Sussex Counties, New 
Jersey, and Northampton, Monroe, Wayne, and Lackawanna Counties, 
Pennsylvania. Project sponsor: New Jersey Transit Corporation. Project 
description: The Project proposes to restore rail passenger service on 
existing railroad right-of-way from Hoboken, New Jersey/midtown 
Manhattan to Pennsylvania. It will be constructed in two segments: a 
Minimal Operable Segment (MOS) and a non-MOS. The MOS consists of a 
7.3-mile corridor with infrastructure improvements from Port Morris, 
NJ, to Andover, NJ, and the construction of Andover Station. The non-
MOS includes the construction of seven new stations, an overnight train 
storage yard in Scranton, PA, a maintenance-of-way facility in 
Greendell, NJ, 20.7 miles of new track, and in Pennsylvania, 
improvement of approximately 60 miles of track for shared use with 
freight. Final agency actions: Section 106 Programmatic Agreement; 
project-level air quality conformity determination; Section 4(f) de 
minimis impact determination; and a revised FONSI signed October 2, 
2009. Supporting documentation: Supplemental EA dated June 2009.
    6. Project name and location: Pennsauken Junction Transit Center 
and Park and Ride, Pennsauken Township, New Jersey. Project sponsor: 
New Jersey Transit. Project description: The Project, a commuter rail 
transfer station, consists of the construction of a new rail transit 
center, including two new interconnected stations, a single, 200-foot 
long, floor-level platform with a 60-foot long canopy along the 
RiverLINE, two (2) 300-foot long, high-level, side platforms with 100-
foot long canopies along the Atlantic City Rail Line, and a new 283-
space commuter parking lot. An elevator and stair tower will connect 
the two stations. Final agency actions: Section 106 no adverse affect 
determination; project-level air quality conformity determination; 
Section 4(f) de minimis impact determination; and a FONSI signed 
October 5, 2009. Supporting documentation: Pennsauken Junction Transit 
Center and Park and Ride RiverLINE and Atlantic City Rail Line dated 
August 21, 2009.
    7. Project name and location: Second Avenue Subway, changes to the 
72nd Street and 86th Street Station Entrances, New York, New York. 
Project sponsor: Metropolitan Transportation Authority and New York 
City Transit. Project description: The project involves the design 
revisions of the northern entrances to the 72nd Street and 86th Street 
Stations. The 72nd Street Station design will relocate the proposed 
subway entrance at 305 East 72nd Street and a single, sidewalk elevator 
entrance to a newly constructed structure at 300 East 72nd Street. The 
new structure will house five elevators, replacing an existing four-
story building. The 86th Street Station design will relocate the 
proposed subway entrance from within the building at 305 East 86th 
Street to two new locations in the sidewalk on the north side of East 
86th Street east of Second Avenue. In the revised design, a total of 
four escalators, two escalators per entrance, will be constructed in 
the sidewalk. Final agency actions: Section 106 finding of no adverse 
effect; project-level air quality conformity determination; no use of 
Section 4(f) properties; and a FONSI signed October 29, 2009. 
Supporting documentation: Supplemental EA dated May 2009.
    8. Project name and location: 35th Street Commuter Station, 
Chicago, Illinois. Project sponsor: Metra, Metropolitan Rail. Project 
description: This project will provide for a new commuter station at 
35th Street along the existing Metra Rock Island District line in 
Chicago. The improvement will include the construction of a new station 
and platforms, sidewalks and pathways for pedestrian access, fencing, 
lighting, landscaping, fare collection facilities, and signage. Final 
agency actions: Section 106 finding of no adverse effect; project-level 
air quality conformity determination; no use of Section 4(f) 
properties; and a FONSI signed May 12, 2008. Supporting documentation: 
Metra-35th Street Station EA dated February 2008.
    9. Project name and location: Provo Inter-modal Center, Provo City, 
Utah. Project sponsor: Utah Transit Authority. Project description: The 
proposed Provo Inter-modal Center will be located on

[[Page 65205]]

16.63 acres of land adjacent to and south of Utah Transit Authority's 
commuter rail right-of-way. The facilities to be constructed include 
the bus loading areas, the park-and-ride lot, and landscaping. The 
proposed action will consist of approximately 850 parking stalls, 10 
bus bays, and landscaping. The bus bays will be located on the north 
side of the site near a commuter rail station platform. The facilities 
will also include bus shelters next to the bus bays or a full canopy 
covering all of the bus bays. Final agency actions: Section 106 
Memorandum of Agreement; project-level air quality conformity 
determination; Section 4(f) evaluation and finding; and a FONSI signed 
July 7, 2009. Supporting documentation: EA for the Provo Inter-modal 
Center dated May 2009.
    10. Project name and location: Southside Maintenance Facility 
Replacement Project, Norfolk, Virginia. Project sponsor: Hampton Roads 
Transit. Project description: The project consists of the demolition 
and reconstruction of a bus maintenance facility located at 509 18th 
Street. The reconstruction will include improved site access along 18th 
Street, additional lighting and improved ventilation for maintenance 
facilities, increased maintenance bay space from 14 feet to 20 feet 
wide, and improved site drainage to reduce significant flooding and 
contain runoff. Final agency actions: Section 106 finding of no adverse 
effect; project-level air quality conformity determination; no use of 
Section 4(f) properties; and a FONSI signed June 29, 2009. Supporting 
documentation: EA for the Southside Maintenance Facility Replacement 
dated May 2009.
    11. Project name and location: Knoxville Station Transit Center, 
Knoxville, Tennessee. Project sponsor: City of Knoxville. Project 
description: The Knoxville Station Transit Center facility is proposed 
to be a multi-use, multi-story transit center that would house 
passenger waiting and transfer facilities for existing and projected 
future bus volumes (20 bus bays). In addition to the 20 bus bays, the 
center would also have passenger waiting and transfer facilities for 
shuttles, access to trolley and taxi service, bicycle facilities 
including bike racks, and passenger and driver amenities to include 
public restrooms, vending, and on-site security. Some of these 
amenities would be available on the platform. The main waiting area and 
the KAT customer service and administration offices will be housed in 
an adjacent station house occupying 15,000 square feet on two levels. 
The connection between the station house and the bus platform would be 
made accessible by a pedestrian bridge. Final agency actions: Section 
106 finding of no adverse effect; project-level air quality conformity 
determination; Section 4(f) de minimis finding; and a FONSI signed 
September 21, 2007. Supporting documentation: EA for the Knoxville 
Central Station Transit Center Project dated July 2007.
    12. Project name and location: AMTRAN Transit Facility Project, 
Altoona, Pennsylvania. Project sponsor: Transportation and Motor Buses 
for Public Use Authority (AMTRAN). Project description: The project 
will include the purchase of a 3.2-acre commercial lot with three 
abandoned vacant commercial buildings (two buildings will be updated to 
current building codes and one will be demolished); conversion of the 
former trolley barn building into a 6,840-square-foot bus storage 
facility with the capacity to store 8-12 vehicles and additional 
outside bus parking with open space for future expansion; creation of 
an additional 1,780 square feet of conference room space; preparation 
of approximately 2.3 acres of the site for related development 
including the demolition of a building; and the creation of a mini 
transfer hub. Final agency actions: Section 106 finding of no adverse 
effect; project-level air quality conformity determination; no use of 
Section 4(f) properties; and a FONSI signed April 7, 2008. Supporting 
documentation: EA for the AMTRAN Transit Facility Expansion Project 
dated February 1, 2008.

    Issued on: December 2, 2009.
Susan Borinsky,
Associate Administrator for Planning and Environment, Washington, DC.
[FR Doc. E9-29374 Filed 12-8-09; 8:45 am]
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