Limitation on Claims Against Proposed Public Transportation Projects-East Campus Expansion Project, Metra UP North Rebuild: Fullerton to Addison Project and Silver Line Project, 55500-55501 [2023-17495]

Download as PDF 55500 Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Notices 4. Should FTA establish a minimum and/or maximum grant amount under the TTP competitive program? Currently, there is no minimum or maximum set for allocations under this program. However, planning grants are capped at $25,000. Establishing a maximum grant amount would preserve funds for additional projects but may prevent larger projects from being funded at the full request. 5. Should FTA continue to cap planning grants at $25,000 under the competitive program? Should FTA retain the cap for planning grants but set it at a different amount? This cap preserves TTP competitive funds for larger capital projects. 6. Should FTA require a local match of 10 percent of total project costs for both capital and operating assistance projects under the TTP competitive program? If so, should FTA continue to include an option for Tribes to submit a local match waiver request? Currently, there is no match required for both the competitive and formula programs. However, in the past, a match of 10 percent was required on competitive program projects, unless the Tribe applied for a hardship waiver. Requiring a local match would allow for more projects to be funded, but may D. Tribal Transit Technical Assistance Improvements Through the Tribal Transit Technical Assistance Assessments Initiative, FTA Collaborates with Tribal Transit recipients to review processes and identify areas in need of improvement and then assists by offering solutions to address these needs—all in a supportive and mutually beneficial manner that results in technical assistance. These Assessments include discussions of compliance areas pursuant to FTA’s Master Agreement (https:// www.transit.dot.gov/funding/granteeresources/sample-fta-agreements/ftagrant-agreements), site visits, promising practices reviews, and technical assistance from FTA and its contractors. These Assessments also provide FTA with invaluable opportunities to learn more about a Tribe’s perspectives and how to better honor the sovereignty of each Tribal Nation. To date, FTA has conducted 62 Assessments and will conduct 36 Assessments in FY 2023– 2024. In addition, FTA also offers technical assistance to Tribes through its National Rural Transit Assistance Program (https://www.nationalrtap.org/) and FTA Regional Offices (https:// www.transit.dot.gov/about/regionaloffices/regional-offices) provide direct Technical Assistance to Tribal recipients in their region. FTA seeks comments on its technical assistance efforts through the following question: 1. How can FTA improve its technical assistance efforts for Tribal recipients? E. Tribal Transit Formula Program For FY 2024–2026, the TTP formula program has been authorized at $112.5 million. Funding program FY 2024 FY 2025 FY 2026 Tribal Transit Formula Program ................................................................................ $36,676,304 $37,433,948 $38,385,592 Although no specific questions are posed, FTA also encourages comments and suggestions on ways to improve the TTP formula program. Nuria I. Fernandez, Administrator. [FR Doc. 2023–17500 Filed 8–14–23; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Limitation on Claims Against Proposed Public Transportation Projects—East Campus Expansion Project, Metra UP North Rebuild: Fullerton to Addison Project and Silver Line Project ddrumheller on DSK120RN23PROD with NOTICES1 discourage some Tribes from applying for funding. 7. Should FTA retain the condition that indirect costs not exceed 10 percent of each Tribal Transit competitive grant allocation? Providing a cap on the percentage of a grant that can be applied to indirect costs reserves more funding for capital projects, but may underestimate the true amount of indirect costs attributable to a project. 8. Should FTA continue to provide Tribes 90 days to submit applications under the TTP competitive program Notice of Funding Opportunity? In the past, FTA has had either a 60-day or a 90-day deadline for application submission under the TTP competitive program. 9. Should FTA examine or alter any other aspect of the Tribal Transit competitive program? Federal Transit Administration (FTA), Department of Transportation (DOT). ACTION: Notice. AGENCY: This notice announces final environmental actions taken by the Federal Transit Administration (FTA) regarding the three projects: East SUMMARY: VerDate Sep<11>2014 18:39 Aug 14, 2023 Jkt 259001 Campus Expansion Project, Indianapolis, Marion County, Indiana; Metra UP North Rebuild: Fullerton to Addison Project, Chicago, Cook County, Illinois; and Silver Line Project, Tarrant, Dallas and Collin Counties, Texas. The purpose of this notice is to publicly announce FTA’s environmental decisions on the subject projects, and to activate the limitation on any claims that may challenge these final environmental actions. DATES: 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 January 12, 2024. FOR FURTHER INFORMATION CONTACT: Kathryn Loster, Assistant Chief Counsel, Office of Chief Counsel, (312) 705–1269, or Saadat Khan, Environmental Protection Specialist, Office of Environmental Programs, (202) 366– 9647. FTA is located at 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal holidays. PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 Notice is hereby given that FTA has taken final agency actions subject to 23 U.S.C. 139(l) 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 environmental project files for the projects. Interested parties may contact either the project sponsor or the relevant FTA Regional Office for more information. Contact information for FTA’s Regional Offices may be found at https://www.transit.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) requirements (49 U.S.C. 303), Section 106 of the National Historic Preservation Act (54 U.S.C. 306108), SUPPLEMENTARY INFORMATION: E:\FR\FM\15AUN1.SGM 15AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Notices Endangered Species Act (16 U.S.C. 1531), Clean Water Act (33 U.S.C. 1251), Uniform Relocation and Real Property Acquisition Policies Act (42 U.S.C. 4601), 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 follow: 1. Project name and location: East Campus Expansion, Indianapolis, Marion County, Indiana. Project Sponsor: Indianapolis Public Transportation Corporation (IndyGo), Indianapolis, Indiana. Project description: The East Campus Expansion project (Project) involves a real estate acquisition of a property (9625 East 33rd Street) by IndyGo located immediately adjacent to the Existing East Campus (9503 East 33rd Street). The Project will expand the Existing East Campus to provide capacity to meet current and future fleet needs, and to provide operational efficiencies for further implementing the Marion County Transit Plan. The Project includes a fleet terminal, operations center, maintenance facility, and a bus operator training track. The Project also involves construction of expanded surface parking for staff, meeting the American with Disabilities Act (ADA) standards, and associated infrastructure improvements. Final agency actions: Section 106 No Historic Properties Affected determination dated March 13, 2023, and determination of the applicability of a categorical exclusion pursuant to 23 CFR 771.118(d), dated June 12, 2023. Supporting documentation: Documented Categorical Exclusion (CE) and supporting materials, dated May 22, 2023. The CE and associated documents can be viewed and downloaded from: https://www.indygo.net/projects/. 2. Project name and location: Metra UP North Rebuild: Fullerton to Addison, Chicago, Cook County, Illinois. Project Sponsor: Northeast Illinois Regional Commuter Railroad Company (Metra), Chicago, Illinois. Project description: The Metra UP North Rebuild: Fullerton to Addison Project (Project) along Metra’s Union Pacific North Line will modernize a stretch of commuter rail line in the city of Chicago. The Project involves replacement of eleven (11) 120-year-old railroad bridges from Fullerton Avenue to Cornelia Avenue, including many retaining walls. The Project will shift tracks west between Fullerton Avenue and Addison Street to align with the existing tracks north and south of the VerDate Sep<11>2014 18:39 Aug 14, 2023 Jkt 259001 Project area and the Roscoe Street and Cornelia Avenue will be lowered to maintain current clearance under the roadway and the Chicago Transit Authority Brown Line. The Project will also refurbish (including painting) the existing Lincoln/Addison bridge and include some utility work along the Project corridor. Final agency actions: Section 106 No Adverse Effect determination dated July 15, 2022, and determination of the applicability of a categorical exclusion pursuant to 23 CFR 771.118(d), dated June 21, 2023. Supporting documentation: Documented Categorical Exclusion (CE) and supporting materials, dated May 1, 2023. The CE and associated documents can be viewed and downloaded from: https://www.metra.com/ UPNrebuild#Project_UpdateJuly_2023. 3. Project name and location: Silver Line Project (Project), Tarrant, Dallas and Collin Counties, Texas. Project Sponsor: Dallas Area Rapid Transit (DART), Dallas, Texas. Project description: The project consists of a 26mile double-track regional commuter rail line extending from Dallas-Fort Worth International (DFW) Airport to Shiloh Road in Plano. The alignment traverses seven cities: Grapevine, Coppell, Dallas, Carrollton, Addison, Richardson, and Plano. FTA issued a combined Final Environmental Impact Statement (FEIS) and Record of Decision (ROD) on November 9, 2018, for the project. Subsequently, FTA published a notice of limitation on claims against the project on March 19, 2019, per 23 U.S.C. 139(l). Since then, FTA has completed a series of re-evaluations of the project to address changes resulting from design modifications and stakeholder coordination. FTA also published a notice of limitation on claims against the project on November 18, 2022, per 23 U.S.C. 139(l) for memoranda to file phases A to E. This notice only applies to the discrete actions taken by FTA under the reevaluations for phases F, G, and H, as described below. Final agency actions: FTA determined for each re-evaluation that neither a Supplemental Environmental Impact Statement nor a Supplemental Environmental Assessment is necessary, and the November 2018 FEIS/ROD remains valid. Supporting documentation: Memorandum to File Phase F, concerning the Shiloh Road Layover Facility and the US Brass Avoidance Alignment, dated January 6, 2023; Memorandum to File Phase G, concerning the Custer Parkway Grade Separation Change and the Jupiter Road Grade Separation, dated January 27, PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 55501 2023; and Memorandum to File Phase H, concerning the Final Coit Road Design, dated July 14, 2023. All supporting documentation can be viewed and downloaded from: https:// www.dart.org/about/expansion/ silverline.asp. Authority: 23 U.S.C. 139(l)(1). Megan Blum, Supervisory Environmental Protection Specialist. [FR Doc. 2023–17495 Filed 8–14–23; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF THE TREASURY Bureau of the Fiscal Service Prompt Payment Interest Rate; Contract Disputes Act Bureau of the Fiscal Service, Treasury. ACTION: Notice of prompt payment interest rate. AGENCY: For the period beginning July 1, 2023, and ending on December 31, 2023, the prompt payment interest rate is 4–7/8 per centum per annum. DATES: Applicable July 1, 2023, to December 31, 2023. ADDRESSES: Comments or inquiries may be mailed to: E-Commerce Division, Bureau of the Fiscal Service, 401 14th Street SW, Room 306F, Washington, DC 20227. Comments or inquiries may also be emailed to PromptPayment@ fiscal.treasury.gov. FOR FURTHER INFORMATION CONTACT: Thomas M. Burnum, E-Commerce Division, (202) 874–6430; or Thomas Kearns, Senior Counsel, Office of the Chief Counsel, (202) 874–7036. SUPPLEMENTARY INFORMATION: An agency that has acquired property or service from a business concern and has failed to pay for the complete delivery of property or service by the required payment date shall pay the business concern an interest penalty. 31 U.S.C. 3902(a). The Contract Disputes Act of 1978, sec. 12, Pub. L. 95–563, 92 stat. 2389, and the Prompt Payment Act, 31 U.S.C. 3902(a), provide for the calculation of interest due on claims at the rate established by the Secretary of the Treasury. The Secretary of the Treasury has the authority to specify the rate by which the interest shall be computed for interest payments under section 12 of the Contract Disputes Act of 1978 and under the Prompt Payment Act. Under the Prompt Payment Act, if an interest penalty is owed to a business concern, the penalty shall be paid regardless of SUMMARY: E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55500-55501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17495]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Limitation on Claims Against Proposed Public Transportation 
Projects--East Campus Expansion Project, Metra UP North Rebuild: 
Fullerton to Addison Project and Silver Line Project

AGENCY: Federal Transit Administration (FTA), Department of 
Transportation (DOT).

ACTION: Notice.

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

SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) regarding the three projects: East 
Campus Expansion Project, Indianapolis, Marion County, Indiana; Metra 
UP North Rebuild: Fullerton to Addison Project, Chicago, Cook County, 
Illinois; and Silver Line Project, Tarrant, Dallas and Collin Counties, 
Texas. The purpose of this notice is to publicly announce FTA's 
environmental decisions on the subject projects, and to activate the 
limitation on any claims that may challenge these final environmental 
actions.

DATES: 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 January 12, 2024.

FOR FURTHER INFORMATION CONTACT: Kathryn Loster, Assistant Chief 
Counsel, Office of Chief Counsel, (312) 705-1269, or Saadat Khan, 
Environmental Protection Specialist, Office of Environmental Programs, 
(202) 366-9647. FTA is located at 1200 New Jersey Avenue SE, 
Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FTA has taken 
final agency actions subject to 23 U.S.C. 139(l) 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 environmental project files 
for the projects. Interested parties may contact either the project 
sponsor or the relevant FTA Regional Office for more information. 
Contact information for FTA's Regional Offices may be found at https://www.transit.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) requirements (49 U.S.C. 303), Section 106 of 
the National Historic Preservation Act (54 U.S.C. 306108),

[[Page 55501]]

Endangered Species Act (16 U.S.C. 1531), Clean Water Act (33 U.S.C. 
1251), Uniform Relocation and Real Property Acquisition Policies Act 
(42 U.S.C. 4601), 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 follow:
    1. Project name and location: East Campus Expansion, Indianapolis, 
Marion County, Indiana. Project Sponsor: Indianapolis Public 
Transportation Corporation (IndyGo), Indianapolis, Indiana. Project 
description: The East Campus Expansion project (Project) involves a 
real estate acquisition of a property (9625 East 33rd Street) by IndyGo 
located immediately adjacent to the Existing East Campus (9503 East 
33rd Street). The Project will expand the Existing East Campus to 
provide capacity to meet current and future fleet needs, and to provide 
operational efficiencies for further implementing the Marion County 
Transit Plan. The Project includes a fleet terminal, operations center, 
maintenance facility, and a bus operator training track. The Project 
also involves construction of expanded surface parking for staff, 
meeting the American with Disabilities Act (ADA) standards, and 
associated infrastructure improvements.
    Final agency actions: Section 106 No Historic Properties Affected 
determination dated March 13, 2023, and determination of the 
applicability of a categorical exclusion pursuant to 23 CFR 771.118(d), 
dated June 12, 2023. Supporting documentation: Documented Categorical 
Exclusion (CE) and supporting materials, dated May 22, 2023. The CE and 
associated documents can be viewed and downloaded from: https://www.indygo.net/projects/.
    2. Project name and location: Metra UP North Rebuild: Fullerton to 
Addison, Chicago, Cook County, Illinois. Project Sponsor: Northeast 
Illinois Regional Commuter Railroad Company (Metra), Chicago, Illinois. 
Project description: The Metra UP North Rebuild: Fullerton to Addison 
Project (Project) along Metra's Union Pacific North Line will modernize 
a stretch of commuter rail line in the city of Chicago. The Project 
involves replacement of eleven (11) 120-year-old railroad bridges from 
Fullerton Avenue to Cornelia Avenue, including many retaining walls. 
The Project will shift tracks west between Fullerton Avenue and Addison 
Street to align with the existing tracks north and south of the Project 
area and the Roscoe Street and Cornelia Avenue will be lowered to 
maintain current clearance under the roadway and the Chicago Transit 
Authority Brown Line. The Project will also refurbish (including 
painting) the existing Lincoln/Addison bridge and include some utility 
work along the Project corridor.
    Final agency actions: Section 106 No Adverse Effect determination 
dated July 15, 2022, and determination of the applicability of a 
categorical exclusion pursuant to 23 CFR 771.118(d), dated June 21, 
2023. Supporting documentation: Documented Categorical Exclusion (CE) 
and supporting materials, dated May 1, 2023. The CE and associated 
documents can be viewed and downloaded from: https://www.metra.com/UPNrebuild#Project_UpdateJuly_2023.
    3. Project name and location: Silver Line Project (Project), 
Tarrant, Dallas and Collin Counties, Texas. Project Sponsor: Dallas 
Area Rapid Transit (DART), Dallas, Texas. Project description: The 
project consists of a 26-mile double-track regional commuter rail line 
extending from Dallas-Fort Worth International (DFW) Airport to Shiloh 
Road in Plano. The alignment traverses seven cities: Grapevine, 
Coppell, Dallas, Carrollton, Addison, Richardson, and Plano. FTA issued 
a combined Final Environmental Impact Statement (FEIS) and Record of 
Decision (ROD) on November 9, 2018, for the project. Subsequently, FTA 
published a notice of limitation on claims against the project on March 
19, 2019, per 23 U.S.C. 139(l). Since then, FTA has completed a series 
of re-evaluations of the project to address changes resulting from 
design modifications and stakeholder coordination. FTA also published a 
notice of limitation on claims against the project on November 18, 
2022, per 23 U.S.C. 139(l) for memoranda to file phases A to E. This 
notice only applies to the discrete actions taken by FTA under the re-
evaluations for phases F, G, and H, as described below.
    Final agency actions: FTA determined for each re-evaluation that 
neither a Supplemental Environmental Impact Statement nor a 
Supplemental Environmental Assessment is necessary, and the November 
2018 FEIS/ROD remains valid. Supporting documentation: Memorandum to 
File Phase F, concerning the Shiloh Road Layover Facility and the US 
Brass Avoidance Alignment, dated January 6, 2023; Memorandum to File 
Phase G, concerning the Custer Parkway Grade Separation Change and the 
Jupiter Road Grade Separation, dated January 27, 2023; and Memorandum 
to File Phase H, concerning the Final Coit Road Design, dated July 14, 
2023. All supporting documentation can be viewed and downloaded from: 
https://www.dart.org/about/expansion/silverline.asp.
    Authority: 23 U.S.C. 139(l)(1).

Megan Blum,
Supervisory Environmental Protection Specialist.
[FR Doc. 2023-17495 Filed 8-14-23; 8:45 am]
BILLING CODE 4910-57-P
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