[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Notices]
[Pages 71181-71182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29290]



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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Notice of Limitation on Claims Against Proposed Public 
Transportation Projects

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of limitation on claims.

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SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) for the following projects: (1) 
Fredericksburg Road Bus Rapid Transit, VIA Metropolitan Transit, San 
Antonio, TX; (2) Draper Transit Corridor Project, Utah Transit 
Authority, Salt Lake County, Utah; (3) Wyandanch Intermodal Transit 
Facility, Town of Babylon, Wyandanch, NY; (4) Fayetteville Multi-Modal 
Bus Transfer Center, The City of Fayetteville, Fayetteville, NC; (5) 
Second Avenue Subway Extension, Metropolitan Transportation Authority, 
New York, NY; and (6) East Side Access, Metropolitan Transportation 
Authority, New York, NY. 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 projects will be barred 
unless the claim is filed on or before May 23, 2011.

FOR FURTHER INFORMATION CONTACT: Katie Grasty, Environmental Protection 
Specialist, Office of Planning and Environment, 202-366-9139, or 
Christopher Van Wyk, Attorney-Advisor, Office of Chief Counsel, 202-
366-1733. FTA is located at 1200 New Jersey Avenue, SE., Washington, DC 
20590. Office hours are from 9 a.m. to 5:30 p.m., EST, 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 these projects, as 
well as the laws under which such actions were taken, are described in 
the documentation issued in connection with each 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 these projects. 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 of 
180 days 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 Second Avenue Subway or the East Side Access project.
    The projects and actions that are the subject of this notice are:
    1. Project name and location: Fredericksburg Road BRT, San Antonio, 
TX. Project sponsor: VIA Metropolitan Transit. Project description: 
This project includes the construction of eight BRT stations and two 
transit centers in southwest San Antonio. The BRT system would operate 
from the University of Texas at San Antonio main campus through 
downtown San Antonio and will operate in mixed flow traffic along a 
nine-mile corridor. Final agency actions: Section 106 finding of no 
adverse effect; project-level air quality conformity determination; 
Section 4(f) no use determination; and a Finding of No Significant 
Impact (FONSI) dated August 2010. Supporting documentation: 
Environmental Assessment dated August 2010.
    2. Project name and location: Draper Transit Corridor Project, Salt 
Lake County, Utah. Project sponsor: Utah Transit Authority (UTA). 
Project description: The project consists of a 3.8-mile light rail 
transit extension operating from the existing 10000 South (Sandy Civic 
Center) Station of the Transit Express (TRAX) line along the UTA owned 
right-of-way of the former Union Pacific Provo Industrial Lead Railroad 
to Draper Town Center near 12400 South (Pioneer Road) in Draper with 
three new passenger stations. Final agency actions: Section 4(f) de 
minimis impact determination; a Section 106 Memorandum of Agreement; 
and a Record of Decision dated September 2010. Supporting 
documentation: Final Environmental Impact Statement dated July 2010.
    3. Project name and location: Wyandanch Intermodal Transit 
Facility, Wyandanch, NY. Project sponsor: Town of Babylon. Project 
description: The project includes a new parking garage, public open 
space, new and relocated bus stops, a drop-off and pick up area, a new 
street network, off-site roadway and streetscape improvement, drainage 
improvements, and wayfinding elements. The project is located on a 
13.9-acre site. Final agency actions: Section 106 finding of no adverse 
effect and a FONSI signed September 2010. Supporting documentation: 
Environmental Assessment dated July 2010.
    4. Project name and location: Fayetteville Multi-Modal Bus Transfer 
Center, Fayetteville, NC. Project sponsor: The City of Fayetteville. 
Project description: The multi-modal center will include a two-story 
building, bus bay platforms, taxi stands and landscaped areas. It will 
be constructed on a 2.55-acre downtown city block. Final agency 
actions: Section 106 finding of no adverse effect; no use of Section 
4(f) properties; and a revised FONSI signed October 2010. Supporting 
documentation: Environmental Assessment dated April 2010.
    5. Project name and location: Second Avenue Subway, New York, NY. 
Project sponsor: Metropolitan Transportation Authority. 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 sixteen new stations which will be accessible by persons with 
disabilities. FTA has agreed to funding for 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, so that Phase 1 can be 
operated before the other phases are built. Various changes to Phase 1 
have been evaluated in six technical memorandums.
    Final agency actions: FTA determination in each case that neither a 
Supplemental Environmental Impact Statement nor a Supplemental 
Environmental Assessment is necessary. Supporting documentation: 
Technical Memorandum No. 1 assessing design changes to tunnels south of 
70th Street and modifications to three stations, dated January 2007; 
Technical Memorandum No. 2 assessing design change to 96th Street 
station ancillary facility, dated April 2007; Technical Memorandum No. 
3 assessing design change to 63rd Street station ventilation

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system and the location of station entrances, dated July 2007; 
Technical Memorandum No. 4 assessing design change to reduce the number 
of tracks near 72nd Street and to lower the tunnel near the 72nd Street 
and 86th Street stations, dated September 2008; Technical Memorandum 
No. 5 assessing design change to Lexington Avenue/63rd Street Station 
entrances, dated April 2010; and Technical Memorandum No. 6 evaluation 
of 69th Street ancillary facility, dated September 2010.
    6. Project name and location: East Side Access, New York, NY. 
Project sponsor: Metropolitan Transportation Authority. Project 
description: The East Side Access project will connect the Long Island 
Rail Road's (LIRR) Main and Port Washington lines in Queens to a new 
LIRR terminal beneath Grand Central Terminal in Manhattan. Various 
project changes have been evaluated in three technical memorandums. 
Final agency actions: FTA determination in each case that neither a 
Supplemental Environmental Impact Statement nor a Supplemental 
Environmental Assessment is necessary. Supporting documentation: 
Technical Memorandum No. 2 assessing design changes to track 
configuration at Sunnyside Yard, addition of a new 43rd Street 
substation, and design changes to tracks at Harold Interlocking and 
substation, dated April 2006; Technical Memorandum No. 3 assessing 
refinements to tail track and associated ventilation plenum near East 
37th Street, Manhattan, dated July 2008; and Technical Memorandum No. 4 
assessing design changes to East Side Access LIRR concourse, 
construction near 37th Street, and the elimination of three East Side 
Access LIRR street entrances at 44th Street, 45th Street, and 48th 
Street, Manhattan, dated March 2010.

    Issued on: November 12, 2010.
Susan Borinsky,
Associate Administrator for Planning and Environment, Washington, DC.
[FR Doc. 2010-29290 Filed 11-19-10; 8:45 am]
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