Notice of Final Federal Agency Actions on Proposed Rail Transportation Projects, 16520-16521 [2023-05431]
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16520
Federal Register / Vol. 88, No. 52 / Friday, March 17, 2023 / Notices
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of BABA, as described above? Or should
it consider adopting some other
definition? Should the definition vary
by product or product type? Should
FHWA adopt the approach for
determining ‘‘cost of components’’ of a
manufactured product described by the
Office of Federal Financial Management
in the Office of Management and Budget
in the notification of proposed guidance
published on February 9, 2023 (88 FR
8374 (Feb. 8, 2023)), which is the same
as is used in the FAR (48 CFR 25.003)?
7. With respect to domestic
manufacturers of products previously
procured or expected to be procured
using FHWA financial assistance, are
your products ‘‘produced in the United
States’’ as defined by Section
70912(6)(B) of BABA? In other words,
are your manufactured products
manufactured in the United States and
the cost of the components of the
manufactured product that are mined,
produced, or manufactured in the
United States is greater than 55 percent
of the total cost of all components of the
manufactured product?
8. If FHWA were to adopt a definition
for manufactured products produced in
the U.S., should it consider also
defining what it means for a
manufactured product to be
manufactured in the U.S.? If so, what
manufacturing processes or assembly
steps should be required to occur
domestically? Should the requirement
vary by product or product type?
9. Federal financial assistance from
FHWA may support the procurement of
‘‘rolling stock.’’ For example, States and
local governments may seek to purchase
certain electric vehicles under the
Congestion Mitigation and Air Quality
Program.7 Should FHWA establish any
special provisions for applying Buy
America requirements for manufactured
products to ‘‘rolling stock’’ such as
vehicles or wheeled equipment? If so,
should FHWA consider applying
requirements to rolling stock similar to
those used by other Operating
Administrations of the Department of
Transportation, such as the Federal
Transit Administration 8 or the Federal
Railroad Administration? 9
Manufactured Products With Steel and
Iron Components
10. Are there specific issues that
should be considered for manufactured
products that include steel or iron
components?
7 See
23 U.S.C. 149(b)(8)(C).
49 CFR 661.11.
9 See 49 U.S.C. 22905(a)(2)(C) (allowing FRA to
waive its Buy America requirements if it finds that
rolling stock cannot be bought and delivered in the
United States within a reasonable time).
8 See
VerDate Sep<11>2014
17:04 Mar 16, 2023
Jkt 259001
11. Should FHWA define the meaning
of a ‘‘predominantly’’ steel and iron
product? Why or why not? For example,
could this help to distinguish between
manufactured products and steel and
iron products, for the purpose of
applying Buy America requirements?
12. If FHWA adopts a definition for
manufactured products produced in the
U.S. similar to that used in Section
70912(6)(B) of BABA how should that
definition be applied to predominantly
iron or steel components of
manufactured products?
Comment Period for Notice
FHWA will consider comments
received in the 30-day comment period
in determining whether to continue,
discontinue, or modify the current
Manufactured Products General Waiver,
or to consider other actions related to
the implementation of Buy America
requirements for manufactured
products. Comments received after this
period will be considered to the extent
practicable.
Issued in Washington, DC, under authority
delegated in 49 CFR 1.85.
Shailen P. Bhatt,
Administrator, Federal Highway
Administration.
[FR Doc. 2023–05498 Filed 3–16–23; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Final Federal Agency Actions
on Proposed Rail Transportation
Projects
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
This notice announces final
environmental actions taken by the
Federal Railroad Administration (FRA)
that are final for the Western Rail Yard
Infrastructure Project, Livingston
Avenue Bridge Replacement Project,
and the Aberdeen Carolina & Western
Railway Congestion Mitigation Project.
The purpose of this notice is to advise
the public of the time limit to file any
claims that may challenge these
decisions and other Federal permits,
licenses, and approvals for the Projects.
DATES: A claim seeking judicial review
of Federal agency actions for the listed
rail transportation projects will be
barred unless the claim is filed on or
before March 17, 2025. If the Federal
law that authorizes judicial review of a
claim provides a time period of less
SUMMARY:
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Fmt 4703
Sfmt 4703
than two years for filing such claim,
then the shorter time period applies.
FOR FURTHER INFORMATION CONTACT: For
further information related to this
notice, please contact Pauline Munz,
Attorney-Adviser, Office of the Chief
Counsel, 1200 New Jersey Avenue SE,
W31–228, Washington, DC 20590;
telephone: 202–493–0558 or email:
pauline.munz@dot.gov.
SUPPLEMENTARY INFORMATION: Notice is
given that FRA has taken final agency
action(s) by issuing certain approvals for
the rail transportation project(s) listed
below. The actions on the projects, as
well as the laws under which such
actions were taken, are described in the
documentation issued for the projects to
comply with the National
Environmental Policy Act (NEPA) and
related environmental laws.
This notice applies to all Federal
agency decisions on the listed project(s)
as of the issuance date of this notice and
all Federal laws under which such
actions were taken, including but not
limited to, NEPA (42 U.S.C. 4321–4375);
section 4(f) (49 U.S.C. 303); section 106
of the National Historic Preservation Act
(54 U.S.C. 306108); the Clean Air Act
(42 U.S.C. 7401–7671q); the Endangered
Species Act (16 U.S.C. 1531–1544); the
Clean Water Act (33 U.S.C. 1251) and
relevant Executive Orders (E.O.)
including, E.O. 11990 Protection of
Wetlands, E.O. 11988 Floodplain
Management, E.O. 13112 Invasive
Species, E.O. Federal Actions to
Address Environmental Justice in
Minority Populations and Low Income
Populations, and E.O. 13175
Consultation and Coordination with
Indian Tribal Governments. This notice
does not, however, alter or extend a
shorter limitation period that may exist
for challenges of project decisions
covered by this notice. The projects that
are the subject of this notice follow.
Project name and location: Western
Rail Yard Infrastructure Project, New
York, New York.
Project Summary: The project consists
of construction and operation of: (1) a
structural Platform (Platform); and (2) a
railroad right-of-way preservation
Tunnel Encasement (Tunnel
Encasement). The project will be located
on the 13-acre Western Rail Yard site,
located on the western half of the
Metropolitan Transportation Authority
(MTA) Long Island Rail Road (LIRR)
John D. Caemmerer Yard (aka ‘‘Hudson
Yards’’). The approximately 9.8-acre
Platform will span the Western Rail
Yard and will include deep footings and
a concrete slab to cover the active rail
yard below, and reinforced building
foundations. Platform construction also
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Federal Register / Vol. 88, No. 52 / Friday, March 17, 2023 / Notices
includes the modernization of LIRR
support services for the yard, including
new life-safety systems. The Tunnel
Encasement in the Western Rail Yard
will start at the western edge of
Eleventh Avenue and extend
underground to the northern edge of
30th Street.
FRA issued the draft environmental
impact statement (EIS) on June 11, 2021,
and the public comment period
occurred between June 11, 2021 and
July 26, 2021. FRA issued a combined
Final EIS and Record of Decision on
November 22, 2021.
Project name and location: Livingston
Avenue Bridge Replacement Project,
Albany and Rensselaer Counties, New
York.
Project Summary: The project consists
of replacing the Livingston Avenue
Bridge, which spans the Hudson River
between the cities of Albany and
Rensselaer. The bridge was constructed
in 1901–1903 on a substructure that
dates to the 1860s and is nearing the
end of its serviceable life. The project
will completely replace the existing
two-track Livingston Avenue Bridge
with a new two-track movable bridge
located parallel to, and approximately
50 feet south of, the existing bridge. The
project also includes a direct connection
from the current shared-use path to the
Albany Skyway at the western terminus
of the new bridge as well as
construction of a portion of the
proposed Rensselaer Riverfront MultiUse Trail.
FRA issued the Draft Environmental
Assessment (EA) for the Project on May
9, 2022, and the public comment period
occurred between May 9 and June 15,
2022. FRA issued a Finding of No
Significant Impact (FONSI) on October
31, 2022.
Project Name and location: Aberdeen
Carolina & Western Railway Congestion
Mitigation Project, North Carolina.
Project Summary: The project consists
of the construction of siding, new
storage track spurs, and a warehouse on
a 66-acre property located along Allen
Station Road Mint Hill at the Mint Hill
location; new siding at the Midland
location in Cabarrus County; storage
track spurs at the Aberdeen Carolina &
Western Railway Headquarters in
Candor, North Carolina; and doubleended passing and storage siding at the
Samarcand and Eagle Springs location
in Moore County. The purpose of the
project is to address congestion issues
on the existing railroad.
FRA issued the Draft EA on July 29,
2022, and the public comment period
occurred between July 29 and August
31, 2022. FRA issued a FONSI on
September 30, 2022.
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17:04 Mar 16, 2023
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Project name and location: Camp Hall
Industrial Corridor Project, Berkeley
County, South Carolina.
Project Summary: The project consists
of construction of a 22.7-mile freight rail
corridor from the Camp Hall Commerce
Park in Berkeley County, South
Carolina, traveling north and east to a
connection with the CSX
Transportation, Inc. (CSXT) rail network
near the Santee Cooper Cross Generating
Station in Pineville, South Carolina. The
purpose of the project is to construct
and operate an industrial rail line that
will connect an existing Class I rail line
with the Camp Hall Commerce Park.
The need for the rail line derives from
development in the Camp Hall
Commerce Park increasing the demand
for rail service connecting the park with
an existing Class I rail network, in a
manner that is logistically feasible. The
rail line will better serve the needs of
future park tenants and industry for
transportation, distribution, and
logistics. In addition, the rail line will
support infrastructure needs in South
Carolina and Berkeley County and will
help alleviate highway congestion
involving large commercial trucks.
The Surface Transportation Board’s
Office of Environmental Analysis (OEA)
and U.S. Army Corps of Engineers
(USACE) jointly issued the Draft EA on
November 30, 2018, with FRA serving
as a cooperating agency, and the public
comment period occurred between
November 30 and December 30, 2018. A
Final EA was issued by OEA and
USACE on April 30, 2019. FRA issued
a FONSI on January 3, 2023.
Project name and location: Atlanta to
Charlotte Passenger Rail Corridor
Investment Plan (PRCIP).
Project Summary: The project consists
of developing the Atlanta to Charlotte
portion of the Southeast High Speed
Rail (SEHSR) Corridor through the
Atlanta to Charlotte Passenger Rail
Corridor Investment Plan. The plan
identifies the Greenfield Corridor as the
route for further study and
development. The Greenfield Corridor is
a 274-mile route that connects Charlotte,
NC (Charlotte Gateway Station) and
Atlanta, GA (Hartsfield/Jackson Atlanta
International Airport–H–JAIA) and
generally follows a new dedicated
alignment between the Charlotte airport
and northeast Atlanta.
The purpose of the PRCIP is to help
determine future transportation
investments of vital importance to all
people who live, work, and travel in the
Atlanta to Charlotte corridor.
FRA issued the draft Tier I
environmental impact statement (EIS)
on September 20, 2019, and the public
comment period occurred between
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Fmt 4703
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16521
September 20, 2019 and November 4,
2019. FRA issued a combined Final EIS
and Record of Decision on June 30,
2021.
Project name and location: Walk
Bridge Replacement Project, Norwalk,
Connecticut.
Project Summary: The project consists
of removing the existing railroad bridge
structure and replacing it with two sideby-side 240-foot open-deck through
truss vertical lift spans across the
Norwalk River as well as other
improvements within and outside the
New Haven Line right-of-way (ROW)
such as track and ballast replacement
and construction of a new retaining
wall. Each new bridge span would have
separate mechanical and electrical
equipment and controls so that each
span can work independently of the
other, or in unison as needed.
Additionally, the Project involves
improvements outside the railroad ROW
in the vicinity of the existing bridge,
including construction of a pedestrian/
bicycle trail connection to the Norwalk
River Valley Trail’s Harbor Loop Trail in
East Norwalk.
In August 2016, the Federal Transit
Administration (FTA), prepared an EA
for the project. FRA was a Cooperating
Agency in the development of the EA.
FRA approved its own FONSI for the
Project on April 28, 2022.
Authority: 49 U.S.C. 24201(a)(4) and
23 U.S.C. 139(l)(1).
Issued in Washington, DC.
Marlys Ann Osterhues,
Director, Office of Environmental Program
Management.
[FR Doc. 2023–05431 Filed 3–16–23; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Extension of Information
Collection Request Submitted for
Public Comment; Comment Request
for Form 8453–R
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Internal Revenue Service,
as part of its continuing effort to reduce
paperwork and respondent burden,
invites the public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995. Currently, the IRS is
soliciting comments concerning Form
SUMMARY:
E:\FR\FM\17MRN1.SGM
17MRN1
]]>Agencies
[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Pages 16520-16521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05431]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Final Federal Agency Actions on Proposed Rail
Transportation Projects
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces final environmental actions taken by the
Federal Railroad Administration (FRA) that are final for the Western
Rail Yard Infrastructure Project, Livingston Avenue Bridge Replacement
Project, and the Aberdeen Carolina & Western Railway Congestion
Mitigation Project. The purpose of this notice is to advise the public
of the time limit to file any claims that may challenge these decisions
and other Federal permits, licenses, and approvals for the Projects.
DATES: A claim seeking judicial review of Federal agency actions for
the listed rail transportation projects will be barred unless the claim
is filed on or before March 17, 2025. If the Federal law that
authorizes judicial review of a claim provides a time period of less
than two years for filing such claim, then the shorter time period
applies.
FOR FURTHER INFORMATION CONTACT: For further information related to
this notice, please contact Pauline Munz, Attorney-Adviser, Office of
the Chief Counsel, 1200 New Jersey Avenue SE, W31-228, Washington, DC
20590; telephone: 202-493-0558 or email: [email protected].
SUPPLEMENTARY INFORMATION: Notice is given that FRA has taken final
agency action(s) by issuing certain approvals for the rail
transportation project(s) listed below. The actions on the projects, as
well as the laws under which such actions were taken, are described in
the documentation issued for the projects to comply with the National
Environmental Policy Act (NEPA) and related environmental laws.
This notice applies to all Federal agency decisions on the listed
project(s) as of the issuance date of this notice and all Federal laws
under which such actions were taken, including but not limited to, NEPA
(42 U.S.C. 4321-4375); section 4(f) (49 U.S.C. 303); section 106 of the
National Historic Preservation Act (54 U.S.C. 306108); the Clean Air
Act (42 U.S.C. 7401-7671q); the Endangered Species Act (16 U.S.C. 1531-
1544); the Clean Water Act (33 U.S.C. 1251) and relevant Executive
Orders (E.O.) including, E.O. 11990 Protection of Wetlands, E.O. 11988
Floodplain Management, E.O. 13112 Invasive Species, E.O. Federal
Actions to Address Environmental Justice in Minority Populations and
Low Income Populations, and E.O. 13175 Consultation and Coordination
with Indian Tribal Governments. This notice does not, however, alter or
extend a shorter limitation period that may exist for challenges of
project decisions covered by this notice. The projects that are the
subject of this notice follow.
Project name and location: Western Rail Yard Infrastructure
Project, New York, New York.
Project Summary: The project consists of construction and operation
of: (1) a structural Platform (Platform); and (2) a railroad right-of-
way preservation Tunnel Encasement (Tunnel Encasement). The project
will be located on the 13-acre Western Rail Yard site, located on the
western half of the Metropolitan Transportation Authority (MTA) Long
Island Rail Road (LIRR) John D. Caemmerer Yard (aka ``Hudson Yards'').
The approximately 9.8-acre Platform will span the Western Rail Yard and
will include deep footings and a concrete slab to cover the active rail
yard below, and reinforced building foundations. Platform construction
also
[[Page 16521]]
includes the modernization of LIRR support services for the yard,
including new life-safety systems. The Tunnel Encasement in the Western
Rail Yard will start at the western edge of Eleventh Avenue and extend
underground to the northern edge of 30th Street.
FRA issued the draft environmental impact statement (EIS) on June
11, 2021, and the public comment period occurred between June 11, 2021
and July 26, 2021. FRA issued a combined Final EIS and Record of
Decision on November 22, 2021.
Project name and location: Livingston Avenue Bridge Replacement
Project, Albany and Rensselaer Counties, New York.
Project Summary: The project consists of replacing the Livingston
Avenue Bridge, which spans the Hudson River between the cities of
Albany and Rensselaer. The bridge was constructed in 1901-1903 on a
substructure that dates to the 1860s and is nearing the end of its
serviceable life. The project will completely replace the existing two-
track Livingston Avenue Bridge with a new two-track movable bridge
located parallel to, and approximately 50 feet south of, the existing
bridge. The project also includes a direct connection from the current
shared-use path to the Albany Skyway at the western terminus of the new
bridge as well as construction of a portion of the proposed Rensselaer
Riverfront Multi-Use Trail.
FRA issued the Draft Environmental Assessment (EA) for the Project
on May 9, 2022, and the public comment period occurred between May 9
and June 15, 2022. FRA issued a Finding of No Significant Impact
(FONSI) on October 31, 2022.
Project Name and location: Aberdeen Carolina & Western Railway
Congestion Mitigation Project, North Carolina.
Project Summary: The project consists of the construction of
siding, new storage track spurs, and a warehouse on a 66-acre property
located along Allen Station Road Mint Hill at the Mint Hill location;
new siding at the Midland location in Cabarrus County; storage track
spurs at the Aberdeen Carolina & Western Railway Headquarters in
Candor, North Carolina; and double-ended passing and storage siding at
the Samarcand and Eagle Springs location in Moore County. The purpose
of the project is to address congestion issues on the existing
railroad.
FRA issued the Draft EA on July 29, 2022, and the public comment
period occurred between July 29 and August 31, 2022. FRA issued a FONSI
on September 30, 2022.
Project name and location: Camp Hall Industrial Corridor Project,
Berkeley County, South Carolina.
Project Summary: The project consists of construction of a 22.7-
mile freight rail corridor from the Camp Hall Commerce Park in Berkeley
County, South Carolina, traveling north and east to a connection with
the CSX Transportation, Inc. (CSXT) rail network near the Santee Cooper
Cross Generating Station in Pineville, South Carolina. The purpose of
the project is to construct and operate an industrial rail line that
will connect an existing Class I rail line with the Camp Hall Commerce
Park. The need for the rail line derives from development in the Camp
Hall Commerce Park increasing the demand for rail service connecting
the park with an existing Class I rail network, in a manner that is
logistically feasible. The rail line will better serve the needs of
future park tenants and industry for transportation, distribution, and
logistics. In addition, the rail line will support infrastructure needs
in South Carolina and Berkeley County and will help alleviate highway
congestion involving large commercial trucks.
The Surface Transportation Board's Office of Environmental Analysis
(OEA) and U.S. Army Corps of Engineers (USACE) jointly issued the Draft
EA on November 30, 2018, with FRA serving as a cooperating agency, and
the public comment period occurred between November 30 and December 30,
2018. A Final EA was issued by OEA and USACE on April 30, 2019. FRA
issued a FONSI on January 3, 2023.
Project name and location: Atlanta to Charlotte Passenger Rail
Corridor Investment Plan (PRCIP).
Project Summary: The project consists of developing the Atlanta to
Charlotte portion of the Southeast High Speed Rail (SEHSR) Corridor
through the Atlanta to Charlotte Passenger Rail Corridor Investment
Plan. The plan identifies the Greenfield Corridor as the route for
further study and development. The Greenfield Corridor is a 274-mile
route that connects Charlotte, NC (Charlotte Gateway Station) and
Atlanta, GA (Hartsfield/Jackson Atlanta International Airport-H-JAIA)
and generally follows a new dedicated alignment between the Charlotte
airport and northeast Atlanta.
The purpose of the PRCIP is to help determine future transportation
investments of vital importance to all people who live, work, and
travel in the Atlanta to Charlotte corridor.
FRA issued the draft Tier I environmental impact statement (EIS) on
September 20, 2019, and the public comment period occurred between
September 20, 2019 and November 4, 2019. FRA issued a combined Final
EIS and Record of Decision on June 30, 2021.
Project name and location: Walk Bridge Replacement Project,
Norwalk, Connecticut.
Project Summary: The project consists of removing the existing
railroad bridge structure and replacing it with two side-by-side 240-
foot open-deck through truss vertical lift spans across the Norwalk
River as well as other improvements within and outside the New Haven
Line right-of-way (ROW) such as track and ballast replacement and
construction of a new retaining wall. Each new bridge span would have
separate mechanical and electrical equipment and controls so that each
span can work independently of the other, or in unison as needed.
Additionally, the Project involves improvements outside the railroad
ROW in the vicinity of the existing bridge, including construction of a
pedestrian/bicycle trail connection to the Norwalk River Valley Trail's
Harbor Loop Trail in East Norwalk.
In August 2016, the Federal Transit Administration (FTA), prepared
an EA for the project. FRA was a Cooperating Agency in the development
of the EA. FRA approved its own FONSI for the Project on April 28,
2022.
Authority: 49 U.S.C. 24201(a)(4) and 23 U.S.C. 139(l)(1).
Issued in Washington, DC.
Marlys Ann Osterhues,
Director, Office of Environmental Program Management.
[FR Doc. 2023-05431 Filed 3-16-23; 8:45 am]
BILLING CODE 4910-06-P
