Limitation on Claims Against Proposed Public Transportation Projects, 53001-53002 [2013-20843]
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tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 166 / Tuesday, August 27, 2013 / Notices
individual Biological Opinion was
issued on July 25, 2013, which
concluded that the Section 5 project was
not likely to jeopardize the continued
existence of the Indiana bat and was not
likely to adversely modify the bat’s
designated Critical Habitat. In addition,
the USFWS issued an Incidental Take
Statement subject to specific terms and
conditions. The USFWS also issued a
Bald Eagle Take Exempted under ESA
permit (NO. MB218918–0) for the
incidental take of the bald eagles for all
sections of the I–69 project. The permit
was effective as of June 25, 2009, and is
subject to the terms and conditions of
the Endangered Species Act section 7
incidental take statement and the
August 24, 2006, Revised Programmatic
Biological Opinion. The biological
opinions, Bald Eagle permit no.
MB218918–0, and other project records
relating to the USFWS actions, taken
pursuant to the Endangered Species Act,
16 U.S.C. 1531–1544, are available by
contacting the FHWA, INDOT, or
USFWS at the addresses provided
above. The Tier 2, section 5 Biological
Opinion can be viewed and downloaded
from the project Web site at https://
www.i69indyevn.org/section-5-feis/.
On July 24, 2013, USFWS issued
‘‘Amendment 2 To the Tier 1 Revised
Programmatic Biological Opinion
(RPBO dated August 24, 2006,
previously amended May 25, 2011) for
the I–69, Evansville to Indianapolis,
Indiana highway’’ USFWS decided to
issue the Amendment to the RPBO
primarily due to the identification of
two new Indiana bat maternity colonies
in the Section 5 project area (which
begins south of Bloomington near Victor
Pike in Monroe County, Indiana and
terminates south of State Road 39 south
of Martinsville in Morgan County,
Indiana). Additionally, the project
identified increases to exempt level of
forest and wetland impacts based on
refinement of the Tier 1 RPBO
estimates. Finally additional forest
impacts were revealed within and
adjacent to the Section 4 (which begins
east of the intersection of U.S. 231 and
SR 45/SR58 in Greene County, Indiana
and terminates at SR 37 near Victor Pike
in Monroe County, Indiana) project
right-of-way due to private landowner
tree-clearing actions. In light of this new
information, USFWS chose to reevaluate
impacts to the Indiana bat and to update
the 2006 and 2011 Tier 1 RPBO and
Incidental Take Statement. The
Amendment 2 to the Tier 1 RPBO
contains new analysis and comment for
each of the sections of the 2006 Tier 1
RPBO affected by the new information,
and USFWS affirmed that all other
VerDate Mar<15>2010
15:54 Aug 26, 2013
Jkt 229001
sections of the Tier 1 RPBO remain
valid. Based on analysis of the new
information, USFWS concluded that
appreciable reductions in the likelihood
of survival and recovery of Indiana bats
due to the construction, operation, and
maintenance of I–69 from Evansville to
Indianapolis, Indiana are unlikely to
occur, and hence, the FHWA has
ensured that the proposed action is not
likely to jeopardize the continued
existence of the Indiana bat or destroy
or adversely modify designated critical
habitat. USFWS did not conduct any
new analysis for either the bald eagle or
eastern fanshell mussel (Cyprogenia
stegaria), and the non-jeopardy
conclusion regarding impacts to the
bald eagle still stands as stated in the
original Tier 1 Biological Opinion
(dated December 3, 2003). The
Amendment 2 To the Tier 1 Revised
Programmatic Biological Opinion
(RPBO dated August 24, 2006,
previously amended May 25, 2011) for
the I–69, Evansville to Indianapolis,
Indiana highway can be found and
downloaded from the project Web site at
https://www.i69indyevn.org/corridorwide-technical-reports/.
(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).
Richard J. Marquis,
Division Administrator, Indianapolis,
Indiana.
[FR Doc. 2013–20869 Filed 8–26–13; 8:45 am]
BILLING CODE 4910–22–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 final
environmental actions taken by the
Federal Transit Administration (FTA)
for projects in the following locations:
San Francisco, CA; Rochester, NY;
Michigan City, IN; Chicago, IL; and
Minneapolis, MN. 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.
SUMMARY:
PO 00000
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53001
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 January 24, 2014.
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. For example, this notice does
not extend the limitation on claims
announced for earlier decisions on the
Central Corridor Light Rail Transit
project. The projects and actions that are
the subject of this notice are:
1. Project name and location: Mission
Bay Transit Loop Project, San Francisco,
CA. Project sponsor: San Francisco
Municipal Transportation Agency
(SFMTA). Project description: The
Mission Bay Transit Loop Project would
provide turn-around capabilities for the
T-Third Street light rail line via a
DATES:
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tkelley on DSK3SPTVN1PROD with NOTICES
53002
Federal Register / Vol. 78, No. 166 / Tuesday, August 27, 2013 / Notices
connection of trackway from Third
Street to 18th, Illinois, and 19th Streets
to facilitate an increase in frequency of
transit service in the Chinatown,
Mission Bay, and South of Market
neighborhoods. The increase in service
would be achieved by allowing up to
half of the trains traveling on Third
Street via the Central Subway to turn
around during peak hours at the
Mission Bay Transit Loop and proceed
back toward downtown San Francisco
to Stockton and Washington Streets.
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 July 30, 2013.
Supporting documentation:
Environmental Assessment, dated May
2013.
2. Project name and location:
Rochester Genesee Regional Transit
Authority Campus Improvement Project,
Rochester, NY. Project sponsor:
Rochester Genesee Regional Transit
Authority (RGRTA). Project description:
The proposed project will renovate and
expand the operations building;
construct a new maintenance warehouse
building, new bus parking, a new
service building, new employee parking;
and includes other site improvements.
Final agency actions: a Section 106
Programmatic Agreement, dated July 25,
2013, and Finding of No Significant
Impact (FONSI), dated July 25, 2013.
Supporting documentation:
Environmental Assessment, dated
March 2013.
3. Project name and location:
Replacement of NICTD Bridge 31.79
Over Trail Creek, City of Michigan City,
LaPorte County, IN. Project sponsor:
Northern Indiana Commuter
Transportation District (NICTD). Project
description: The proposed project will
replace NICTD Bridge 31.79 over Trail
Creek in Michigan City by assembling a
replacement bridge adjacent to the
current bridge. During a scheduled 14day service outage (September 3–17,
2013), the existing bridge will be
removed and the new bridge will be
rolled into position and rail traffic will
be restored. 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 July
15, 2013. Supporting documentation:
Environmental Assessment, dated June
2013.
4. Project name and location: 95th
Street Terminal Improvement Project,
City of Chicago, IL. Project sponsor:
Chicago Transit Authority (CTA).
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15:54 Aug 26, 2013
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Project description: The proposed
project will rehabilitate the existing
terminal on the north side of 95th Street
and would allow the existing terminal
to be expanded to create new entrances
directly on 95th Street. A new terminal
on the south side of 95th Street would
also be constructed to accommodate
additional buses and provide a second
station house. A pedestrian bridge above
95th Street would provide a connection
for pedestrians to cross between each
station house. Final agency actions:
Finding of No Significant Impact
(FONSI), dated April 19, 2013, and
Amended FONSI, dated July 17, 2013.
Supporting documentation:
Environmental Assessment, dated
February 8, 2013; Additional Traffic and
Air Quality Analysis Technical
Memorandum, dated June 18, 2013; and
supporting documentation submitted by
the CTA for the 95th Street Terminal
Improvement Project.
5. Project name and location: Central
Corridor Light Rail Transit Project, City
of Minneapolis, MN. Project sponsor:
Metropolitan Council. Project
description: The proposed project
includes 10.9 miles of fixed guideway,
including 9.7 miles of new guideway
and 1.2 miles of shared guideway with
the existing Hiawatha (Blue Line) LRT.
There will be 23 stations along the line,
including five shared stations with the
Blue Line LRT. The proposed project
will provide a transit connection from
downtown Minneapolis to downtown
St. Paul, via the University of Minnesota
and State Capitol complex in the City of
St. Paul. Final agency actions: Amended
Record of Decision (ROD), dated August
13, 2013. Supporting documentation:
Central Corridor Light Rail Transit
Project Final Environmental Impact
Statement and Section 4(f) Evaluation,
dated June 18, 2009, and Central
Corridor Light Rail Transit
Supplemental Final Environmental
Impact Statement Construction Related
Potential Impacts on Business Revenue,
dated May 24, 2013.
Lucy Garliauskas,
Associate Administrator Planning and
Environment.
[FR Doc. 2013–20843 Filed 8–26–13; 8:45 am]
BILLING CODE 4910–57–P
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2013–0035]
Notice of Proposed Buy America
Waiver for a Video Ready Access
Device Cabinet
AGENCY:
Federal Transit Administration,
DOT.
Notice of proposed Buy America
waiver and request for comment.
ACTION:
The Charlotte Area Transit
System (CATS) requested a waiver of
the Federal Transit Administration
(FTA) Buy America rules for a Video
Ready Access Device (VRAD) cabinet.
The VRAD cabinet is needed for an
AT&T utility relocation associated with
the LYNX Blue Line Extension project.
This notice is to inform the public of the
waiver request, and to seek public
comment to inform FTA’s decision
whether to grant the request.
DATES: Comments must be received by
September 26, 2013. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: Please submit your
comments by one of the following
means, identifying your submissions by
docket number FTA–2013–0035:
1. Web site: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the U.S. Government electronic
docket site.
2. Fax: (202) 493–2251.
3. Mail: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001.
4. Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions must
make reference to the ‘‘Federal Transit
Administration’’ and include docket
number FTA–2013–0035. Due to the
security procedures in effect since
October 2011, mail received through the
U.S. Postal Service may be subject to
delays. Parties making submissions
responsive to this notice should
consider using an express mail firm to
ensure the prompt filing of any
submissions not filed electronically or
by hand. Note that all submissions
received, including any personal
information therein, will be posted
without change or alteration to https://
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Notices]
[Pages 53001-53002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20843]
-----------------------------------------------------------------------
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: San Francisco, CA; Rochester, NY; Michigan City, IN;
Chicago, IL; and Minneapolis, MN. 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 January 24, 2014.
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. For example, this notice does not
extend the limitation on claims announced for earlier decisions on the
Central Corridor Light Rail Transit project. The projects and actions
that are the subject of this notice are:
1. Project name and location: Mission Bay Transit Loop Project, San
Francisco, CA. Project sponsor: San Francisco Municipal Transportation
Agency (SFMTA). Project description: The Mission Bay Transit Loop
Project would provide turn-around capabilities for the T-Third Street
light rail line via a
[[Page 53002]]
connection of trackway from Third Street to 18th, Illinois, and 19th
Streets to facilitate an increase in frequency of transit service in
the Chinatown, Mission Bay, and South of Market neighborhoods. The
increase in service would be achieved by allowing up to half of the
trains traveling on Third Street via the Central Subway to turn around
during peak hours at the Mission Bay Transit Loop and proceed back
toward downtown San Francisco to Stockton and Washington Streets. 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 July 30, 2013.
Supporting documentation: Environmental Assessment, dated May 2013.
2. Project name and location: Rochester Genesee Regional Transit
Authority Campus Improvement Project, Rochester, NY. Project sponsor:
Rochester Genesee Regional Transit Authority (RGRTA). Project
description: The proposed project will renovate and expand the
operations building; construct a new maintenance warehouse building,
new bus parking, a new service building, new employee parking; and
includes other site improvements. Final agency actions: a Section 106
Programmatic Agreement, dated July 25, 2013, and Finding of No
Significant Impact (FONSI), dated July 25, 2013. Supporting
documentation: Environmental Assessment, dated March 2013.
3. Project name and location: Replacement of NICTD Bridge 31.79
Over Trail Creek, City of Michigan City, LaPorte County, IN. Project
sponsor: Northern Indiana Commuter Transportation District (NICTD).
Project description: The proposed project will replace NICTD Bridge
31.79 over Trail Creek in Michigan City by assembling a replacement
bridge adjacent to the current bridge. During a scheduled 14-day
service outage (September 3-17, 2013), the existing bridge will be
removed and the new bridge will be rolled into position and rail
traffic will be restored. 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 July 15, 2013. Supporting documentation:
Environmental Assessment, dated June 2013.
4. Project name and location: 95th Street Terminal Improvement
Project, City of Chicago, IL. Project sponsor: Chicago Transit
Authority (CTA). Project description: The proposed project will
rehabilitate the existing terminal on the north side of 95th Street and
would allow the existing terminal to be expanded to create new
entrances directly on 95th Street. A new terminal on the south side of
95th Street would also be constructed to accommodate additional buses
and provide a second station house. A pedestrian bridge above 95th
Street would provide a connection for pedestrians to cross between each
station house. Final agency actions: Finding of No Significant Impact
(FONSI), dated April 19, 2013, and Amended FONSI, dated July 17, 2013.
Supporting documentation: Environmental Assessment, dated February 8,
2013; Additional Traffic and Air Quality Analysis Technical Memorandum,
dated June 18, 2013; and supporting documentation submitted by the CTA
for the 95th Street Terminal Improvement Project.
5. Project name and location: Central Corridor Light Rail Transit
Project, City of Minneapolis, MN. Project sponsor: Metropolitan
Council. Project description: The proposed project includes 10.9 miles
of fixed guideway, including 9.7 miles of new guideway and 1.2 miles of
shared guideway with the existing Hiawatha (Blue Line) LRT. There will
be 23 stations along the line, including five shared stations with the
Blue Line LRT. The proposed project will provide a transit connection
from downtown Minneapolis to downtown St. Paul, via the University of
Minnesota and State Capitol complex in the City of St. Paul. Final
agency actions: Amended Record of Decision (ROD), dated August 13,
2013. Supporting documentation: Central Corridor Light Rail Transit
Project Final Environmental Impact Statement and Section 4(f)
Evaluation, dated June 18, 2009, and Central Corridor Light Rail
Transit Supplemental Final Environmental Impact Statement Construction
Related Potential Impacts on Business Revenue, dated May 24, 2013.
Lucy Garliauskas,
Associate Administrator Planning and Environment.
[FR Doc. 2013-20843 Filed 8-26-13; 8:45 am]
BILLING CODE 4910-57-P
