Limitation on Claims against Proposed Public Transportation Projects, 45287-45288 [2013-17995]

Download as PDF Federal Register / Vol. 78, No. 144 / Friday, July 26, 2013 / Notices individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to https://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Keira Jones (202) 267–4025, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on July 23, 2013. Lirio Liu, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2013–0294. Petitioner: Republic Airline, Inc. Section of 14 CFR Affected: 14 CFR 121.500 through 121.505. Description of Relief Sought: Republic Airline seeks an exemption to conduct supplemental operations in accordance with the flight time limitations and rest requirements prescribed for domestic operations under part 121, Subpart Q. [FR Doc. 2013–17969 Filed 7–25–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2013–31] Petition for Exemption; Summary of Petition Received Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATE: Comments on this petition must identify the petition docket number and tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:54 Jul 25, 2013 Jkt 229001 must be received on or before August 15, 2013. ADDRESSES: You may send comments identified by Docket Number FAA– 2013–0571 using any of the following methods: • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to https://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Keira Jones (202) 267–4024, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on July 23, 2013. Lirio Liu, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2013–0571. Petitioner: Ameriflight. Section of 14 CFR Affected: 14 CFR 91.225(a), (b), and (d). Description of Relief Sought: Ameriflight requests relief to obtain a 4 year delay to the requirements in 14 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 45287 CFR § 91.225(a), (b), and (d), Automatic Dependent Surveillance-Broadcast (ADS–B) Out, on all aircraft in its fleet. Specifically, the regulation requires specific operators to be equipped with Extended Squitter (ES) ADS–B and Traffic information Service-Broadcast (TIS–B) operating on the frequency of 1090 Megahertz (MHz) and Universal Access Transceiver (UAT) ADS–B equipment operating on the frequency of 978 MHz by January 1, 2020. The petitioner states the requirement will create an undue burden on its maintenance department, and exceed its capability to remove aircraft from service for the required installation. [FR Doc. 2013–17970 Filed 7–25–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Limitation on Claims against Proposed Public Transportation Projects Federal Transit Administration (FTA), DOT. ACTION: Notice. AGENCY: This notice announces a final environmental action taken by the Federal Transit Administration (FTA) for a project in New York, NY. 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 a final agency action subject to Section 139(l) of Title 23, United States Code (U.S.C.). A claim seeking judicial review of the FTA action announced herein for the listed public transportation project will be barred unless the claim is filed on or before December 23, 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 action by issuing a certain approval 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 SUMMARY: E:\FR\FM\26JYN1.SGM 26JYN1 tkelley on DSK3SPTVN1PROD with NOTICES 45288 Federal Register / Vol. 78, No. 144 / Friday, July 26, 2013 / Notices 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 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 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) 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 project and action that are the subject of this notice are: Project name and location: Second Avenue Subway, New York, NY. Project sponsor: Metropolitan Transportation Authority (MTA). Project description: The Second Avenue Subway Project is the phased construction of a new 8.5mile subway line under Second Avenue in Manhattan from 125th Street to Hanover Square in Lower Manhattan. It includes 16 new stations that will be accessible by persons with disabilities. FTA has agreed to partially fund the first phase of the project, which will run between 105th Street and 62nd Street and will connect to the existing F Line at 63rd Street. Various changes to Phase 1 of the project, as well as final design of certain elements of Phase 1 of the project, have been evaluated in a number of technical memoranda. In Technical Memorandum No. 11, the MTA proposed to change the location of the street-level portion of Entrance 1 of the 72nd Street Station from within the building at 301 East 69th Street to the east sidewalk of Second Avenue in front of the building at 301 East 69th Street. This notice only applies 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 action: FTA determination that neither a supplemental environmental impact statement nor a supplemental environmental assessment is necessary. Supporting documentation: Technical Memorandum No. 11, Assessing Design VerDate Mar<15>2010 18:54 Jul 25, 2013 Jkt 229001 Changes: 72nd Street Station, Entrance 1. Lucy Garliauskas, Associate Administrator for Planning and Environment, Washington, DC. [FR Doc. 2013–17995 Filed 7–25–13; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. MCF 21054] Frank Sherman, Evergreen Trails, Inc., Cabana Coaches, LLC, TMS West Coast, Inc. and FSCS Corporation— Intra-Corporate Family Transaction Exemption Frank Sherman, Evergreen Trails, Inc. (Evergreen), Cabana Coaches, LLC (Cabana), TMS West Coast, Inc. (TMS), and FSCS Corporation (FSCS) (collectively, Applicants), have filed a verified notice of exemption under the Board’s class exemption procedures at 49 CFR 1182.9.1 The transaction involves the assignment of assets acquired by Frank Sherman from Coach America Holdings, Inc. (Coach America),2 specifically, those of Midnight Sun Tours, Inc. (Midnight Sun) and American Coach Lines of Miami, Inc. (ACL Miami), to Evergreen. Frank Sherman is an individual who controls motor passenger carriers Evergreen and Cabana and is the controlling shareholder of noncarrier holding companies FSCS and TMS. Cabana is owned directly by FSCS and Evergreen is owned indirectly by FSCS through TMS. In Docket No. MCF 21047, Applicants indicated that, under the terms of an asset purchase agreement, TMS would have the right to purchase 12 Coach America subsidiaries and would then assign its right to purchase to either FSCS or to Evergreen and Cabana. If the right to purchase were assigned to Evergreen and Cabana, Cabana would receive the right to purchase and consolidate the assets of Coach-Miami and Midnight Sun into Cabana; Evergreen would receive the right to purchase and consolidate the assets of all of the other Coach America 1 The Board has exempted intra-corporate family transactions of motor carriers of passengers that do not result in significant operational changes, adverse changes in service levels, or a change in the competitive balance with carriers outside the corporate family in Class Exemption for Motor Passenger Intra-Corporate Family Transactions, FD 33285 (STB served Feb. 18, 2000). 2 See Frank Sherman—Acquisition & Consolidation of Assets—American Charters, Ltd., MCF 21047 (STB served Sept. 6, 2012). PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 subsidiaries into Evergreen. The Board granted the application by decision served on September 6, 2012. Applicants subsequently decided that, primarily for insurance reasons, it would be more efficient and cost effective to consolidate the assets of Midnight Sun and ACL Miami into Evergreen rather than Cabana, as had been contemplated at the time the acquisition application was filed. Applicants proceeded to assign the assets to Evergreen and state that the assignment of assets did not affect the ultimate control of the assets, which remains with Frank Sherman. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1182.9. Applicants state that the transaction has not and will not result in any change in service levels, significant operational changes, or any change in the competitive balance with carriers outside the corporate family. Applicants also state that (1) the assets of Midnight Sun and ACL Miami were assigned to Evergreen pursuant to an Assumption and Assignment Agreement, and (2) the only effect on employees is that employees that would have been employed by Cabana are now employed by Evergreen. The transaction was consummated on October 1, 2012.3 If the verified notice contains false or misleading information, the Board shall summarily revoke the exemption and require divestiture. Petitions to revoke the exemption under 49 U.S.C. 13541(d) may be filed at any time. See 49 CFR 1182.9(c). An original and ten copies of all pleadings, referring to Docket No. MCF 21054, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on David H. Coburn, Steptoe & Johnson LLP, 1330 Connecticut Avenue NW., Washington, DC 20036. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: July 18, 2013. 3 Applicants originally notified the Board of this transfer of assets to Evergreen in a letter filed on October 9, 2012. In a decision served on June 6, 2013, the Board, noting that this transfer appeared to be a transaction within a motor carrier family requiring Board approval, directed Applicants to file with the Board a notice of exemption under 49 CFR 1182.9 or explain why such a filing is unnecessary. E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

[Federal Register Volume 78, Number 144 (Friday, July 26, 2013)]
[Notices]
[Pages 45287-45288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17995]


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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 a final environmental action taken by 
the Federal Transit Administration (FTA) for a project in New York, NY. 
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 a final agency 
action subject to Section 139(l) of Title 23, United States Code 
(U.S.C.). A claim seeking judicial review of the FTA action announced 
herein for the listed public transportation project will be barred 
unless the claim is filed on or before December 23, 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 action by issuing a certain approval 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

[[Page 45288]]

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 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 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) 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 project and action that are the subject of this 
notice are:
    Project name and location: Second Avenue Subway, New York, NY. 
Project sponsor: Metropolitan Transportation Authority (MTA). Project 
description: The Second Avenue Subway Project is the phased 
construction of a new 8.5-mile subway line under Second Avenue in 
Manhattan from 125th Street to Hanover Square in Lower Manhattan. It 
includes 16 new stations that will be accessible by persons with 
disabilities. FTA has agreed to partially fund the first phase of the 
project, which will run between 105th Street and 62nd Street and will 
connect to the existing F Line at 63rd Street. Various changes to Phase 
1 of the project, as well as final design of certain elements of Phase 
1 of the project, have been evaluated in a number of technical 
memoranda. In Technical Memorandum No. 11, the MTA proposed to change 
the location of the street-level portion of Entrance 1 of the 72nd 
Street Station from within the building at 301 East 69th Street to the 
east sidewalk of Second Avenue in front of the building at 301 East 
69th Street. This notice only applies 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 action: FTA determination that neither a supplemental 
environmental impact statement nor a supplemental environmental 
assessment is necessary. Supporting documentation: Technical Memorandum 
No. 11, Assessing Design Changes: 72nd Street Station, Entrance 1.

Lucy Garliauskas,
Associate Administrator for Planning and Environment, Washington, DC.
[FR Doc. 2013-17995 Filed 7-25-13; 8:45 am]
BILLING CODE P

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