Limitation on Claims Against Proposed Public Transportation Projects, 33890-33891 [2013-13304]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 33890 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Notices agencies review and approve corrective action plans and track and monitor rail transit agency activities to implement them. Collection of this information enables each SSO agency to monitor each rail transit agency’s implementation of the State’s requirements as specified in the Program Standard approved by FTA. Without this information, States would not be able to oversee the rail transit agencies in their jurisdictions. Recommendations from the National Transportation Safety Board (NTSB) and the Government Accountability Office (GAO) have encouraged States and rail transit agencies to devote additional resources to these safety activities and safety oversight in general. SSO agencies also submit an annual certification to FTA that the State is in compliance with Section 5330 and an annual report documenting the State’s safety and security oversight activities. States also submit annual grant applications for Federal transit assistance and report quarterly on the progress of those activities. FTA uses the annual information submitted by the States to monitor implementation of the program. If a State fails to comply with Section 5330, FTA may withhold up to five percent of the funds appropriated for use in a State or urbanized area in the State under section 5307. The information submitted by the States ensures FTA’s compliance with applicable federal laws, OMB Circular A–102, and 49 CFR Part 18, ‘‘Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments.’’ Respondents: State and local government agencies. Estimated Annual Burden on Respondents: Annually, each designated SSO agency devotes approximately 2,119 hours to information collection activities for each of the rail transit agencies in the State’s jurisdiction. Combined, the SSO agencies spend approximately 59,322 hours on information collection activities each year, or roughly half of the total level of effort devoted to implement Section 5330 requirements in a given year. The local governments affected by Section 5330, including the rail transit agencies, spend an annual total of 118,498 hours on information collection activities to support implementation of Section 5330, or approximately 2,469 hours each. This amount also equals approximately half of the total level of effort devoted to implement Section 5330 requirements in a given year. Estimated Total Annual Burden: 177,820 hours. Frequency: Annual. VerDate Mar<15>2010 16:43 Jun 04, 2013 Jkt 229001 Issued: May 30, 2013. Matthew Crouch, Deputy Associate Administrator for Administration. [FR Doc. 2013–13303 Filed 6–4–13; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Limitation on Claims Against Proposed Public Transportation Projects Federal Transit Administration (FTA), DOT. ACTION: Notice. AGENCY: SUMMARY: This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in the following locations: Cleveland, OH and San Francisco, CA. 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 project will be barred unless the claim is filed on or before November 1, 2013. FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, (312) 353–2577 or Terence Plaskon, Environmental Protection Specialist, Office of Human and Natural Environment, (202) 366–0442. FTA is located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 9:00 a.m. to 5:30 p.m., 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 the 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 projects. Interested parties may contact either the project sponsor or the relevant FTA Regional Office for more information on the project. Contact information for FTA’s Regional Offices may be found at https://www.fta.dot.gov. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 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 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: Little Italy—University Circle Rapid Transit Station; Cleveland, OH. Project sponsor: Greater Cleveland Regional Transit Authority (GCRTA). Project description: The project consists of a new Little Italy—University Circle Rapid Transit Station with associated reconstruction of the Mayfield Road Rapid Transit Bridges. The station will be located on GCRTA’s Red Line and will replace the current center platform station at East 120th/Euclid Avenue. Final agency actions: No use determination of Section 4(f) resources; Section 106 finding of no adverse effect; projectlevel air quality conformity, and Finding of No Significant Impact (FONSI), dated April 4, 2013. Supporting documentation: Environmental Assessment, dated February 2013. 2. Project name and location: Central Subway Project, San Francisco, CA. Project sponsor: San Francisco Municipal Transportation Authority (SFMTA). Project description: The Central Subway Project is a 1.7-mile light-rail line connecting the existing Third Street Light Rail Station at Fourth and King Streets north to an underground subway station in Chinatown at Stockton and Jackson Streets. SFMTA proposes to relocate the Tunnel Boring Machine retrieval and extraction site from Columbus Avenue in North Beach to 1731–1741 Powell Street (the Pagoda Theater). The Central Subway Project was previously the subject of a Record of Decision dated November 26, 2008. 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: FTA determination that neither a supplemental environmental impact statement nor a supplemental environmental assessment is necessary. Supporting documentation: Addendum to the Final Supplemental E:\FR\FM\05JNN1.SGM 05JNN1 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Notices Environmental Impact Report/ Supplemental Environmental Impact Statement, dated January 31, 2013, prepared by the City and County of San Francisco Planning Department pursuant to the California Environmental Quality Act and the environmental re-evaluation letter by SFMTA, dated April 17, 2013, and related documents evaluating any potential impacts. Issued on: May 30, 2013. Lucy Garliauskas, Associate Administrator for Planning and Environment. [FR Doc. 2013–13304 Filed 6–4–13; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2013–0126, Notice No. 3–8] Safety Advisory: Compressed Gas Cylinders That Have Not Been Tested Properly Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Safety Advisory Notice. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: SUMMARY: PHMSA has concluded that Shasta Fire Equipment, Inc. of Redding, CA, certified DOT-specification, exemption, and special permit cylinders with Requalification Identification Number (RIN) D183, between March 6, 2013 and May 6, 2013, without performing proper requalification testing to verify the suitability of the cylinders for continued service, as required by the Hazardous Materials Regulations (HMR; 49 CFR Parts 171– 180). FOR FURTHER INFORMATION CONTACT: PHMSA, DOT, 3401 Centrelake Drive, Suite 550B, Ontario, CA 91761, Telephone (909) 522–1901, Ms. Shelly Negrete, PHMSA Investigator; or Shasta Fire Equipment, Inc., 3092 Crossroads Drive, Redding, CA 96003, Telephone (530) 223–2492, Mr. Danniel Hoose, President. SUPPLEMENTARY INFORMATION: Shasta Fire Equipment, Inc. marked DOTspecification 3AA, 3AL, 3HT, and exemption (DOT–E) and special permit (DOT–SP) cylinders, with RIN D183 between March 6, 2013 and May 6, 2013, certifying that they were successfully requalified accordance with HMR. After an inspection of Shasta Fire Equipment Inc., PHMSA has concluded that during this period, VerDate Mar<15>2010 16:43 Jun 04, 2013 Jkt 229001 Shasta Fire Equipment, Inc. failed to requalify cylinders in compliance with the HMR. As a result, any tests performed during this period were unreliable and invalid. Cylinders that have not been properly requalified in accordance with the HMR pose an unreasonable safety risk. Cylinders that are not properly tested may not have the structural integrity to contain hazardous materials safely under pressure during normal transportation and use and may leak or rupture, resulting in property damage, injuries, or death. The affected cylinders are used primarily in oxygen service but may also be used for other hazardous materials. Additionally, it is a violation of the HMR to ship hazardous materials in a packaging or container that does not conform to requalification testing requirements. Shipping or transporting hazardous materials in a cylinder that does not meet the requirements of the HMR is unauthorized, unless and until the cylinder passes proper testing in accordance with the HMR. If you identify a cylinder that is subject to this notice, you are advised to remove it from service and submit it to an authorized retester for proper testing. A list of retesters that PHMSA authorizes to perform requalification testing on DOT-specification and special permit cylinders is available on PHMSA’s Web site under ‘‘Cylinder Requalifiers’’ at https:// www.phmsa.dot.gov/hazmat/permitsapprovals/pressure-vessels. Any cylinder purchased from or serviced by Shasta Fire Equipment, Inc. and marked with RIN D183 between March 6, 2013 and the date of this notice must be retested in accordance with the HMR requalification requirements before it is used. Cylinders described in this safety advisory that are filled with an atmospheric gas should be vented or otherwise safely discharged. Cylinders that are filled with a material other than an atmospheric gas should not be vented but should be safely discharged by authorized personnel. Issued in Washington, DC, on May 30, 2013. Magdy El-Sibaie, Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2013–13222 Filed 6–4–13; 8:45 am] BILLING CODE 4910–60–P PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 33891 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 586 (Sub-No. 3X)] North Central Railway Association, Inc.—Abandonment Exemption—in Franklin and Hardin Counties, Iowa North Central Railway Association, Inc. (NCRA), has filed a verified notice of exemption under 49 CFR part 1152 subpart F–Exempt Abandonments to abandon 10.46 miles of rail line between milepost 201.46 at or near Ackley, and milepost 191.0 at or near Geneva, in Franklin and Hardin Counties, Iowa. The line traverses United States Postal Service Zip Codes 50633 and 50601. NCRA has certified that: (1) No local traffic has moved over the line for at least two years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on July 5, 2013, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Notices]
[Pages 33890-33891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13304]


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

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 projects in the following 
locations: Cleveland, OH and San Francisco, CA. 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 project will be barred 
unless the claim is filed on or before November 1, 2013.

FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief 
Counsel, Office of Chief Counsel, (312) 353-2577 or Terence Plaskon, 
Environmental Protection Specialist, Office of Human and Natural 
Environment, (202) 366-0442. FTA is located at 1200 New Jersey Avenue 
SE., Washington, DC 20590. Office hours are from 9:00 a.m. to 5:30 
p.m., 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 the 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 projects. Interested parties may 
contact either the project sponsor or the relevant FTA Regional Office 
for more information on the project. 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 
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: Little Italy--University Circle Rapid 
Transit Station; Cleveland, OH. Project sponsor: Greater Cleveland 
Regional Transit Authority (GCRTA). Project description: The project 
consists of a new Little Italy--University Circle Rapid Transit Station 
with associated reconstruction of the Mayfield Road Rapid Transit 
Bridges. The station will be located on GCRTA's Red Line and will 
replace the current center platform station at East 120th/Euclid 
Avenue. Final agency actions: No use determination of Section 4(f) 
resources; Section 106 finding of no adverse effect; project-level air 
quality conformity, and Finding of No Significant Impact (FONSI), dated 
April 4, 2013. Supporting documentation: Environmental Assessment, 
dated February 2013.
    2. Project name and location: Central Subway Project, San 
Francisco, CA. Project sponsor: San Francisco Municipal Transportation 
Authority (SFMTA). Project description: The Central Subway Project is a 
1.7-mile light-rail line connecting the existing Third Street Light 
Rail Station at Fourth and King Streets north to an underground subway 
station in Chinatown at Stockton and Jackson Streets. SFMTA proposes to 
relocate the Tunnel Boring Machine retrieval and extraction site from 
Columbus Avenue in North Beach to 1731-1741 Powell Street (the Pagoda 
Theater). The Central Subway Project was previously the subject of a 
Record of Decision dated November 26, 2008. 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: FTA determination that 
neither a supplemental environmental impact statement nor a 
supplemental environmental assessment is necessary. Supporting 
documentation: Addendum to the Final Supplemental

[[Page 33891]]

Environmental Impact Report/Supplemental Environmental Impact 
Statement, dated January 31, 2013, prepared by the City and County of 
San Francisco Planning Department pursuant to the California 
Environmental Quality Act and the environmental re-evaluation letter by 
SFMTA, dated April 17, 2013, and related documents evaluating any 
potential impacts.

    Issued on: May 30, 2013.
Lucy Garliauskas,
Associate Administrator for Planning and Environment.
[FR Doc. 2013-13304 Filed 6-4-13; 8:45 am]
BILLING CODE P
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