Limitation on Claims Against Proposed Public Transportation Projects, 67239-67240 [2014-26728]

Download as PDF TKELLEY on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Notices in its environmental review, for corridor preservation or otherwise. The environmental review of ROW acquisition must be completed in accordance with NEPA and all other applicable Federal laws and regulations. FTA acknowledges that the CE found at 23 CFR § 771.118(d)(4), is potentially available for the appropriate level of NEPA review for corridor preservation; FTA notes, however, that if the CE is to be used then the conditions found in Sections 771.118(a) and (b) must be met. To add clarity, FTA revised the guidance to reflect this discussion. One commenter questioned the guidance’s requirement that all FTA planning requirements be satisfied for corridor preservation, including having the project in the Transportation Improvement Program (TIP) and State Transportation Improvement Program (STIP). If ROW is acquired with FTA funds, it is a Federal action and subject to FTA’s metropolitan and statewide planning requirements, meaning that the corridor preservation project must be included in Metropolitan Transportation Plan (MTP), the TIP and STIP. Moreover, even if the property is acquired with local funds, the project should be in the MTP if it is foreseeable that FTA funds are expected to be used for the project that would use that ROW. Two commenters submitted comments on the grants management/ administration portion of the guidance. One commenter questioned FTA’s expectation that a grantee implement a transit project using the ROW within a reasonable timeframe. The commenter requested FTA articulate criteria for this requirement. FTA declines to articulate specific criteria, but notes that the expectation of FTA is that when it provides Federal funds for corridor preservation that a project be built on that property within a reasonable timeframe. This is to ensure a proper and appropriate use of Federal funds. The final guidance is unchanged and states that, in determining the appropriate timeframe, FTA will consult with the project sponsor and will consider the planning status of any proposed project that would use the ROW. A second commenter questioned the guidance’s requirement regarding the disposition of the ROW in accordance with 49 U.S.C. 5334(h)(1)– (3), 49 U.S.C. 5334(h)(4), or 49 CFR 18.31(c). The commenter recommended FTA allow for the repayment of Federal funds when for some reason a project does not proceed as an option to avoid disposition of the ROW. One alternative disposition method involves the retention of title by the project sponsor after compensating the Federal VerDate Sep<11>2014 17:55 Nov 10, 2014 Jkt 235001 awarding agency. This is described in FTA’s Grant Management Requirements Circular (5010.1D), which sets forth all of the real property disposition requirements. See http:// www.fta.dot.gov/legislation_law/12349_ 8640.html. One commenter urged FTA to encourage Congress to recognize the importance of predictable funding over improved streamlining. FTA decided that this comment is outside the scope of this guidance. The final guidance is available in the U.S. Government’s electronic docket site at http://www.regulations.gov under docket number FTA–2013–0019 and on the FTA Web site at http:// www.fta.dot.gov. Therese W. McMillan, Acting Administrator, Federal Transit Administration. [FR Doc. 2014–26705 Filed 11–10–14; 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: This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in San Diego, CA; Tarrant County, TX; and Washington, DC. 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 FTA actions announced herein for the listed public transportation projects will be barred unless the claim is filed on or before April 13, 2015. 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. SUMMARY: PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 67239 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 projects 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 each project. Contact information for FTA’s Regional Offices may be found at http://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: MidCoast Corridor Transit Project, San Diego, CA. Project sponsor: San Diego Association of Governments (SANDAG). Project description: SANDAG proposes to extend operation of the San Diego Trolley Blue Line from the Santa Fe Depot in Downtown San Diego north to the Old Town Transit Center (OTTC) approximately 3.5 miles via the existing Trolley tracks, and then north along new tracks for 10.9 miles to the University Town Centre Transit Center in University City, with nine new stations (four at-grade and five aerial) and parking facilities at five stations. The project includes upgrades to existing facilities between Santa Fe Depot and the OTTC, park-and-ride facilities, and the acquisition of new Trolley vehicles. Final agency actions: Section 4(f) de minimis impact determination; Section 106 finding of no adverse effect; project-level air quality conformity; and Record of Decision (ROD), dated October 15, 2014. Supporting documentation: Final Supplemental Environmental Impact Statement/Subsequent Environmental Impact Report, dated October 15, 2014. 2. Project name and location: TEX Rail Corridor Project, Tarrant County, TX. Project sponsor: Fort Worth SUPPLEMENTARY INFORMATION: E:\FR\FM\12NON1.SGM 12NON1 67240 Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Notices Transportation Authority. Project description: The proposed project is 27.2 miles of commuter rail transit operating in an exclusive right-of-way with at-grade and aerial sections between downtown Fort Worth, west of the Texas and Pacific Station, and the Dallas/Fort Worth International Airport at the Terminal A/B Station. The project includes eight stations (two stations are existing and will be shared with Trinity Railway Express service in Fort Worth), parking facilities, new and improved yard and shop facilities, rail vehicles, fare collection equipment, communications and train control systems, and ancillary facilities for the distribution of electrical power and stormwater management. Final agency actions: Section 4(f) determination; a Section 106 Memorandum of Agreement; project-level air quality conformity; and a Record of Decision, dated September 29, 2014. Supporting documentation: Final Environmental Impact Statement, dated May 19, 2014. 3. Project name and location: Anacostia Streetcar Extension, Washington, DC. Project sponsor: District of Columbia Department of Transportation (DDOT). Project description: The DDOT is proposing to construct and operate a half-mile extension of the Anacostia Initial Line (AIL) streetcar line. The project, with operations in 2017, will extend the AIL streetcar service, primarily along the CSX right-of-way, from the Anacostia Metrorail Station to the foot of the 11th Street Bridge at the intersection of Martin Luther King, Jr. Avenue SE. and Good Hope Road SE. in the Anacostia neighborhood of Washington, DC. 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 October 10, 2014. Supporting documentation: Environmental Assessment, dated February 26, 2014. Dated: November 5, 2014. Lucy Garliauskas, Associate Administrator Planning and Environment. TKELLEY on DSK3SPTVN1PROD with NOTICES [FR Doc. 2014–26728 Filed 11–10–14; 8:45 am] BILLING CODE P VerDate Sep<11>2014 17:55 Nov 10, 2014 Jkt 235001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35848] Wisconsin & Southern Railroad, L.L.C.—Acquisition and Operation Exemption—Union Pacific Railroad Company Surface Transportation Board. Notice of acquisition and operation exemption. AGENCY: ACTION: SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision served on November 6, 2014, which is available on our Web site at www.stb.dot.gov. Decided: November 6, 2014. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Raina White, Clearance Clerk. [FR Doc. 2014–26740 Filed 11–10–14; 8:45 am] BILLING CODE 4915–01–P The Board is granting an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10902 for Wisconsin & Southern Railroad, L.L.C. (WSOR), a Class II rail carrier, to acquire from the Union Pacific Railroad Company (UP) and operate a permanent exclusive freight rail operating easement over approximately 69.62 miles of rail line (the Line) in the State of Wisconsin. Specifically, the Line includes: (a) The Reedsburg Line, between milepost 134.0 and milepost 191.90 near Reedsburg; (b) the Central Soya Industrial Lead, between milepost 83.78 and milepost 85.5 in Madison; and (c) the Cottage Grove Industrial Lead, between milepost 81.00 and milepost 71.00. WSOR has been the exclusive operator over the Line since 1996 pursuant to a lease with UP, and upon consummation of the transaction, will continue to operate the line. The exemption is subject to standard labor protective conditions. In the same decision, the Board is granting WSOR a waiver of the employee notice requirements of 49 CFR 1121.4(h). DATES: This exemption will be effective on December 6, 2014. Petitions to stay must be filed by November 17, 2014. Petitions to reopen must be filed by November 26, 2014. ADDRESSES: Send an original and 10 copies of all pleadings, referring to Docket No. FD 35848, to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of all pleadings must be served on WSOR’s representative: Karl Morell, Of Counsel, BALL JANIK LLP, Suite 225, 655 Fifteenth Street NW., Washington, DC 20005, and on all other parties of record in Docket No. FD 35848. FOR FURTHER INFORMATION CONTACT: Scott Zimmerman, (202) 245–0386. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877–8339. Copies of written filings will be available for viewing and selfcopying at the Board’s Public Docket Room, Room 131, and will be posted to the Board’s Web site. SUMMARY: PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35869] Delaware Lackawaxen & Stourbridge Railroad Company—Operation Exemption—Stourbridge Railroad Company Delaware Lackawaxen & Stourbridge Railroad Company (DL&S), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate a 24.80-mile rail line between milepost 0.0 at Lackawaxen, in Pike County, Pa., and milepost 24.80 at Honesdale, in Wayne County, Pa. (the Line), pursuant to an operating agreement with Class III rail carrier Stourbridge Railroad Company (SBRR), the owner of the Line. DL&S states that the agreement provides that DL&S will be the exclusive common carrier freight and passenger operator on the Line. DL&S also states that there will be no restrictions or limitations with regard to the interchange of freight traffic. DL&S notes that it will interchange with the Central New York Railroad Company at milepost 0.0 at Lackawaxen. The transaction may be consummated on November 26, 2014, the effective date of the exemption (30 days after the exemption was filed). DL&S certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III carrier and will not exceed $5 million. DL&S also certifies that this transaction will not result in the creation of a Class I or Class II rail carrier. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by November 19, 2014 (at least seven days before the exemption becomes effective). E:\FR\FM\12NON1.SGM 12NON1

Agencies

[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Notices]
[Pages 67239-67240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26728]


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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 final environmental actions taken by the 
Federal Transit Administration (FTA) for projects in San Diego, CA; 
Tarrant County, TX; and Washington, DC. 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 FTA actions announced 
herein for the listed public transportation projects will be barred 
unless the claim is filed on or before April 13, 2015.

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 projects 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 each project. Contact information for FTA's 
Regional Offices may be found at http://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: Mid-Coast Corridor Transit Project, 
San Diego, CA. Project sponsor: San Diego Association of Governments 
(SANDAG). Project description: SANDAG proposes to extend operation of 
the San Diego Trolley Blue Line from the Santa Fe Depot in Downtown San 
Diego north to the Old Town Transit Center (OTTC) approximately 3.5 
miles via the existing Trolley tracks, and then north along new tracks 
for 10.9 miles to the University Town Centre Transit Center in 
University City, with nine new stations (four at-grade and five aerial) 
and parking facilities at five stations. The project includes upgrades 
to existing facilities between Santa Fe Depot and the OTTC, park-and-
ride facilities, and the acquisition of new Trolley vehicles. Final 
agency actions: Section 4(f) de minimis impact determination; Section 
106 finding of no adverse effect; project-level air quality conformity; 
and Record of Decision (ROD), dated October 15, 2014. Supporting 
documentation: Final Supplemental Environmental Impact Statement/
Subsequent Environmental Impact Report, dated October 15, 2014.
    2. Project name and location: TEX Rail Corridor Project, Tarrant 
County, TX. Project sponsor: Fort Worth

[[Page 67240]]

Transportation Authority. Project description: The proposed project is 
27.2 miles of commuter rail transit operating in an exclusive right-of-
way with at-grade and aerial sections between downtown Fort Worth, west 
of the Texas and Pacific Station, and the Dallas/Fort Worth 
International Airport at the Terminal A/B Station. The project includes 
eight stations (two stations are existing and will be shared with 
Trinity Railway Express service in Fort Worth), parking facilities, new 
and improved yard and shop facilities, rail vehicles, fare collection 
equipment, communications and train control systems, and ancillary 
facilities for the distribution of electrical power and stormwater 
management. Final agency actions: Section 4(f) determination; a Section 
106 Memorandum of Agreement; project-level air quality conformity; and 
a Record of Decision, dated September 29, 2014. Supporting 
documentation: Final Environmental Impact Statement, dated May 19, 
2014.
    3. Project name and location: Anacostia Streetcar Extension, 
Washington, DC. Project sponsor: District of Columbia Department of 
Transportation (DDOT). Project description: The DDOT is proposing to 
construct and operate a half-mile extension of the Anacostia Initial 
Line (AIL) streetcar line. The project, with operations in 2017, will 
extend the AIL streetcar service, primarily along the CSX right-of-way, 
from the Anacostia Metrorail Station to the foot of the 11th Street 
Bridge at the intersection of Martin Luther King, Jr. Avenue SE. and 
Good Hope Road SE. in the Anacostia neighborhood of Washington, DC. 
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 October 
10, 2014. Supporting documentation: Environmental Assessment, dated 
February 26, 2014.

    Dated: November 5, 2014.
Lucy Garliauskas,
Associate Administrator Planning and Environment.
[FR Doc. 2014-26728 Filed 11-10-14; 8:45 am]
BILLING CODE P