1-1 June 2021 

Chapter 1: Introduction

1.1 INTRODUCTION 

WRY Tenant LLC (an affiliate of The Related Companies, LP) and the National Railroad 

Passenger Corporation (Amtrak) are partnering in a joint venture (the Project Sponsor) to seek 

Federal financial assistance through a loan program or an available grant program administered 

by the U.S. Department of Transportation (USDOT) for the Western Rail Yard Infrastructure 

Project (Proposed Action). The Federal Railroad Administration (FRA) is conducting the 

environmental analysis in compliance with the National Environmental Policy Act of 1969 (NEPA), 

(42 USC 4321 et seq.) and other applicable environmental laws. This EIS may be used by FRA, 

the USDOT, another USDOT operating administration, or another Federal agency to satisfy those 

entities’ obligations to comply with NEPA, should they take action with regard to this Proposed 

Action. 

The Proposed Action put forth by the Project Sponsor includes the construction and operation of 

the following: (1) a structural Platform (Platform); and (2) a railroad right-of-way preservation 

Tunnel Encasement (Tunnel Encasement). The Proposed Action would 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 Western Rail Yard site includes two parcels (Block 676, Lot 1 and Lot 5) in New York County 

(Manhattan), New York (see Figure 1-1). MTA LIRR is the owner of both parcels (comprising the 

entire 13-acre Western Rail Yard site) and has a lease agreement for both parcels with WRY 

Tenant LLC1

1 WRY Tenant LLC is the Overbuild Developer. 

. The Platform would allow for privately funded mixed-use development and public 

open space over the existing rail yard. The mixed-use development planned for the site 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of the 

Western Rail Yard site (see current C6-4 zoning designation for the Project Site shown on Figure 

1-2). The Tunnel Encasement would preserve the right-of-way for new rail infrastructure under the 

Western Rail Yard site to maintain a functional, resilient, and improved trans-Hudson passenger 

rail crossing into New York Penn Station (Penn Station).

The rail yard is located between West 33rd Street to the north, Eleventh Avenue to the east 

(beyond which is the new private mixed-use development above the Eastern Rail Yard); 30th 

Street to the south; and Twelfth Avenue to the west. The rail yard is operated by LIRR and is used 

as a commuter railroad storage yard and maintenance facility (see Figure 1-3). The yard contains 

storage tracks for 12-car trains, a car-cleaning platform, and other maintenance and staff facilities 

for LIRR’s commuter rail service into Penn Station. 
HUDSON

RIVER

Convention

Center

Eastern

Rail Yard

Western

Rail Yard

Hudson

Yards

W 34th St

Dy

e

r

Ave

W 35th St

W 31st St

W 33rd St

Twelfth Ave

Tenth Ave

HighLine

Eleventh Ave

W 30th St

W 29th St

W 27th Dr

Hudson River Greenway

W 28th St

W 27th St

WESTERN RAIL YARD INFRASTRUCTURE PROJECT

Project Location

Figure 1-1

10.22.20

0 400 FEET

Bergen

Essex

Hudson

Bronx

Brooklyn

Manhattan

Queens

NJ

NY

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Project Site (Western Rail Yard)

Hudson Yards

Approximate Terra Firma Area

Proposed Platform

Existing Concrete Encasement

Proposed Tunnel Encasement

Existing High Line Park (Remains Unaltered)

Data source: NYS ITS GIS Program Offce; Nearmap, 2020 imagery
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W 34th St

W 25th St

W 35th St

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W 31st St

Ninth Ave

W 26th St

Tenth Ave

W 22nd St

W 33rd St Dy

er Ave

Eighth Ave

W 40th St

W 24th St

W 37th St

W 30th St

W 29th St

Lincoln Tunnel

W 44th St

Eleventh Ave

Twelfth Ave

W 38th St

W 21st St

W 36th St

W 42nd St

W 39th St

W 20th St

W 28th St

W 27th St

HUDSON RIVER

C4-5

C6-3

R8B

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WESTERN RAIL YARD INFRASTRUCTURE PROJECT

Existing Zoning in Study Area

Figure 1-2

Project Site (Western Rail Yard)

Study Area (1/2-mile perimeter)

Zoning District Boundary

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11.2.20 Data source: NYC Dept. of City Planning GIS Zoning Features, September 2020

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- 42 St

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23 St

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3

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Rail Yard

Eastern

Rail Yard

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Center

Hudson Yards

W 34th St

W 25th St

W 35th St

W 31st St

W 26th St

Ninth Ave

Tenth Ave

E 22nd St

E 24th St

E 27th St

Madison Ave

E 23rd St

E 25th St

E 31st St

W 22nd St

E 26th St

E 30th St

W 33rd St

Dyer Av

e

E 29th St

E 28th St

E 32nd St

Seventh Ave

W 40th St

E 34th St

Park Ave

W 24 th St

W 37th St

E 36th St

E 37th St

E 35th St

E 39th St

E 38th St

W 30th St

W 29th St

Fifth Ave

Eleventh Ave

E 40th St

W 39th St

Twelfth Ave

W 23rd St

W 38th St

W 27th Dr

W 41st St

Hud

son River Greenwa

y

E 42nd St

W 36th St

W 42nd St

E 41st St

W 27th St

High Line

Avenue of the Americas

Park Ave S

Broadway

W 32nd St

W 28th St

Eighth Ave

E 33rd St

WESTERN RAIL YARD INFRASTRUCTURE PROJECT

Project Site

Figure 1-3

11.2.20

1

0 1,000 FEET Subway Line

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4-5-6

7

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N-Q-R-W

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Project Site (Western Rail Yard)

Hudson Yards

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Data source: NYS ITS GIS Program Offce; Nearmap, 2020 imagery
June 2021 1-2 

The Platform as designed would be a 9.8-acre steel and concrete structure (see Figure 1-4). 

Construction would include building foundations and reconstruction and upgrades to railroad staff 

facilities and other LIRR support services including existing emergency electrical equipment, rail 

car cleaning services, and a new approximately 20,000 square foot electrical substation building. 

The Platform would house critical life safety and mechanical, electrical, and plumbing support 

services for the yard, including new lighting, sprinklers, and an extensive platform ventilation 

system. Once complete, the entire yard would contain comprehensive state-of-the-art life safety 

systems, securing this critical infrastructure and protecting both the workers and the railroad 

equipment in the yard.

The Tunnel Encasement would be 605 feet long, between 50 and 65 feet wide and between 27 

and 38 feet high under the Western Rail Yard (see Figure 1-5). It would extend underground from 

the recently completed encasement under the Eastern Rail Yard and Eleventh Avenue. 

Collectively, the encasement below both rail yards (Western Rail Yard and Eastern Rail Yard) 

would preserve a total right-of-way (ROW) of approximately 1,400 feet. No permanent operational 

components, such as tracks, lighting, ventilation, or electrical system, would be constructed within 

the Tunnel Encasement as part of the Proposed Action. 

1.2 REGULATORY FRAMEWORK

FRA, as the lead Federal agency, prepared this Environmental Impact Statement (EIS) and 

Section 4(f) Evaluation in compliance with NEPA (23 CFR part 771; 23 U.S.C. 139), and in 

accordance with the Council on Environmental Quality (CEQ) NEPA regulations (40 CFR parts 

1500–1508).2

2 CEQ issued revised NEPA regulations that became effective September 14, 2020 at 40 CFR parts 1500-

1508. Because FRA issued the Notice of Intent (NOI) for this project prior to the effective date of the revised 

regulations, on June 15, 2020, FRA permissibly prepared this EIS in accordance with the CEQ NEPA 

regulations that were effective at the time of the issuance of the NOI. All citations to CEQ regulations (40 

CFR parts 1500-1508) in this EIS are to the previous version of the regulations.

 The EIS documents compliance with other applicable Federal, New York State, and 

local environmental laws and regulations, including Section 106 of the National Historic 

Preservation Act (NHPA) of 1966 (54 U.S.C. § 306108); the Clean Air Act of 1970 and it’s 

associated the Conformity requirements (42 U.S.C. § 7401 et seq.); the Clean Water Act of 1972 

(33 U.S.C. §§ 1251-138); Section 4(f) of the Department of Transportation Act of 1966 (Section 

4(f) 49 U.S.C. § 303) and FRA’s implementing regulations at 23 CFR part 774; the Endangered 

Species Act of 1973 (16 U.S.C. § 1531); Executive Order 11988 and USDOT Order 5650.2 on 

Floodplain Management; Executive Order 11990 on Protection of Wetlands; the Coastal Zone 

Management Act of 1972 (16 U.S.C. § 1451 et seq.); and Executive Order 12898 on 

Environmental Justice. 

Since the Proposed Action is located in New York City, FRA is conducting the EIS analyses in 

consideration of the 2014 City Environmental Quality Review (CEQR) Technical Manual, to the 

extent practicable. Appendix A includes information on where the analyses normally provided in 

a CEQR analysis can be found in this NEPA EIS. As appropriate, the EIS analysis will provide the 

environmental documentation needed by any state or local agencies from which permits or 

approvals for the construction of the Platform and/or Tunnel Encasement would be sought, if any. 
10.28.20

Source: WRY Tenant LLC 

Platform 

Existing North 

River Tunnel 

Caissons Proposed Tunnel 

Encasement 

Platform 

WESTERN RAIL YARD INFRASTRUCTURE PROJECT Figure 1-4 
10.28.20 Source: Amtrak 

Tunnel Encasement 

WESTERN RAIL YARD INFRASTRUCTURE PROJECT Figure 1-5 
Chapter 1: Introduction

1-3 June 2021

FRA is coordinating compliance with Section 106 of the NHPA with the NEPA process pursuant 

to 36 CFR 800.8(a) and has engaged in consultation with the New York State Historic Preservation 

Officer (NYSHPO), Federally recognized Native American tribes, and other consulting parties 

regarding the Preferred Alternative and its potential effects on historic properties pursuant to 

Section 106 of the NHPA. The details of that consultation are provided in Chapter 23, “Public 

Involvement and Agency Coordination,” and Chapter 9, “Cultural Resources.” FRA has 

determined, and NYSHPO has concurred in a letter dated February 11, 2021, that the operation 

of the Preferred Alternative would not result in any adverse effects to historic properties, and 

construction of the Preferred Alternative would not result in adverse effects to historic properties 

provided the Project Sponsor follows certain conditions. Circulation of this EIS for public 

review/comment helps satisfy FRA’s public involvement obligations under Section 106. 

1.3 NEPA PROCESS

CEQ’s NEPA regulations require Federal agencies to consider the direct and indirect 

environmental effects and cumulative impacts of their actions. The NEPA process involves: 

examination of a reasonable range of alternatives; analysis of impacts to environmental resources; 

coordination with Federal, state, and local agencies, the public, and other stakeholders; and 

identification of measures to avoid, minimize or mitigation potential impacts. FRA must also reevaluate any previously approved aspect of an action in accordance with 23 CFR § 771. 

Consistent with those regulations, this EIS considers reasonable alternatives and identifies the 

potential impacts the Proposed Action would have on the human and natural environment, 

including social, economic, and environmental conditions, and identifies measures to avoid, 

minimize, or mitigate adverse impacts.

1.3.1 ROLES AND RESPONSIBILITIES

FRA is the lead Federal agency for the NEPA review, including preparation of this EIS. If the 

USDOT ultimately provides financial assistance for the Proposed Action, such as through a loan

or grant, FRA would be responsible for ensuring that the Project Sponsor meets the commitments 

identified in a Record of Decision (ROD) and any agreement developed for the Proposed Action. 

FRA is responsible for ensuring that the NEPA process is conducted properly and in accordance 

with all applicable environmental regulations. 

As part of the NEPA review of the Proposed Action, FRA reviewed the design of the Proposed 

Action to ensure a reasonable set of design criteria was applied to the Proposed Action. As the 

lead Federal agency, FRA coordinated with other federal, state and local agencies pursuant to 23 

USC 139. Chapter 24, “Public Involvement and Agency Coordination,” provides a description and 

role of participating agencies for this project. FRA has prepared this EIS to be used by other federal 

agencies to satisfy those entities’ obligations to comply with NEPA, as necessary. 

The Project Sponsor is a joint venture of WRY Tenant LLC and Amtrak, and is the entity that is 

pursuing financial assistance from USDOT for the Proposed Action. They are responsible for 

development and implementation (i.e., design, construction, financing, and operation) of the 

Proposed Action, and for meeting the commitments identified in the ROD. 

The Project Contractor is the party or parties that will build the project under the direction of the 

Project Sponsor. The Project Contractor will be selected by the Project Sponsor through a 

procurement process. 
June 2021 1-4 

Pursuant to 40 CFR 1506.5(c), FRA selected, and WRY Tenant LLC agreed to engage, at WRY 

Tenant LLC’s expense, AKRF, Inc. as the Independent Third Party Consultant to assist FRA in 

conducting the environmental review3

3 The term “environmental review” includes environmental and alternative study methodologies, evaluation 

of alternatives, analysis of potential impacts, outreach, public involvement, and consultation conducted in 

compliance with NEPA, Section 106, Section 4(f), and other applicable environmental laws.

and preparing the environmental documentation4

4 The terms “environmental documentation” and “environmental document(s)” embrace draft, supplemental, 

and final environmental assessments, environmental impact statements, and any other reports, studies, 

surveys, or related documents under or in support of NEPA, including documents prepared pursuant to 

Section 106, Section 4(f), and other applicable environmental laws.

related to 

the Proposed Action.

5

5 The FRA has adopted procedures for the use of third party contractors, which are found at 23 CFR.771.109. 

This EIS has been prepared under the direct supervision, direction, and 

control of the FRA.

1.3.2 ENVIRONMENTAL REVIEW PROCESS

Following FRA’s publication of the Notice of Intent (NOI) on June 15, 2020, the scoping period ran 

from July 1 to July 31, 2020. During the scoping period, the public and agencies had an opportunity 

to review and comment on the scope of the EIS. FRA prepared the Western Rail Yard 

Infrastructure Project Scoping Summary Report after the conclusion of the scoping process.

6

6 FRA, September 2020, Western Rail Yard Infrastructure Project Scoping Summary Report, found at 

http://westernrailyardinfrastructure.com/library.html or at 

 

The analysis in this EIS and the Draft Section 4(f) Evaluation informed FRA’s consideration and 

decision-making regarding alternatives, including the identification of a Preferred Alternative (see 

Chapter 3, “Alternatives”). FRA will provide the public and other agencies the opportunity to 

provide comments on this EIS via written communication during a 45-day public comment period. 

FRA will hold project meetings virtually, including Section 106 Consulting Party meetings, and 

encourages submission of comments for the project and other documents electronically.

FRA plans to issue a combined document consisting of the Final Environmental Impact Statement 

(FEIS), Final Section 4(f) Evaluation, and ROD that considers all comments from the comment 

period, unless statutory criteria or practicability considerations preclude issuing a combined 

document, in accordance with 23 USC 139(n)(2). 

1.3.3 PRIOR ENVIRONMENTAL REVIEWS 

The Project Site and individual elements of the Proposed Action have been the subject of prior 

environmental reviews. The sections below describe the previous environmental reviews to 

provide additional background and context for the Proposed Action that FRA is evaluating in this 

EIS. FRA has used information and analysis contained in the prior project-related environmental 

reviews to support the corresponding impact analysis for the project in the preparation of this EIS, 

to the maximum extent applicable and practicable. In addition, FRA has incorporated findings and 

analyses from these documents in this EIS, where appropriate. This included using information 

such as estimates of construction worker and trucking activity, equipment and logistical 

information, and operational characteristics of the project elements, accounting for any updates 

needed.

www.regulations.gov (using Docket Number FRA2020-0039). 
Chapter 1: Introduction

1-5 June 2021

1.3.3.1 PLATFORM

The Platform and Overbuild were the subject of an FEIS prepared under the New York State 

Environmental Quality Review Act (SEQRA) and New York CEQR, which was published on 

October 9, 2009 (2009 SEQRA/CEQR FEIS). The CPC and the MTA acted as co-lead agencies 

for the environmental review and issued environmental findings under CEQR and SEQRA. 

Subsequent zoning actions associated with the Overbuild development were approved by the 

CPC and adopted by the New York City Council as zoning text and map amendments to the New 

York City Zoning Resolution (see Figure 1-2). The Overbuild development is now as-of-right 

development, since it would be built in accordance with the New York City Zoning Resolution’s 

existing zoning controls, which regulate type of use, building envelopes, publicly accessible open 

space areas, street wall controls, retail continuity, and maximum floor area ratio (i.e., the ratio of 

floor area to lot size). 

The Proposed Actions evaluated in the 2009 SEQRA/CEQR FEIS pertaining to the Western Rail 

Yard site specifically were: (1) the lease of, with option to purchase, the air space over the Western 

Rail Yard and related property interests by MTA to the developer; (2) zoning map and text 

amendments and accessory parking special permits by the City of New York pursuant to the 

Uniform Land Use Review Procedure (ULURP); (3) the establishment of new legal grades on West 

33rd Street between Eleventh and Twelfth Avenues; and (4) the site selection by the New York 

City School Construction Authority (SCA) for an elementary/intermediate public school (“PS/IS 

school”) on the Western Rail Yard site. For more information about the MTA and CPC’s past 

environmental review of the Western Rail Yard project, please refer to the following website: 

https://www1.nyc.gov/site/planning/applicants/env-review/western-rail-yard.page. 

Following the completion of the 2009 SEQRA/CEQR FEIS,

7

7 The 2009 CEQR/SEQRA FEIS was accompanied by a Findings Statement, issued April 30, 2010 by the 

MTA Board pursuant to SEQRA and 6 NYCRR §§ 617.11 and 617.12(b)(1). https://a002-

ceqraccess.nyc.gov/Handlers/ProjectFile.ashx?file=MjAwOVwwOURDUDAwN01cZmluZGluZ3NcMDlEQ

1AwMDdNX1N0YXRlbWVudF9PZl9GaW5kaW5nc18wNTA2MjAxMC5wZGY1&signature=82107f9edb93

66e8339468304e35c89d4dc8a543, accessed February 19, 2021. 

the Project Sponsor entered into a 

Restrictive Declaration (RD) with New York City, which incorporates commitments associated with 

the design and construction of the Platform and Overbuild. Chapter 22, “Mitigation Measures and 

Project Commitments,” includes a summary of the RD’s design and construction commitments. 

These commitments, which are still in force, include environmental controls during construction, 

noise attenuation, restrictions on fuel use and location of air intakes for ventilation systems, 

procedures for addressing hazardous materials on site, and commitments to sustainable 

development.

1.3.3.2 TUNNEL ENCASEMENT

FRA conducted an environmental assessment (EA) in accordance with NEPA for the construction 

of a concrete casing in the Hudson Yards, and issued Findings of No Significant Impact (FONSI) 

in 2013 for the concrete casing project’s EA, and in 2014 for the concrete casing project’s 

Supplemental EA (SEA). The purpose of the project was to preserve underground right-of-way in 

Hudson Yards to maintain opportunities to expand rail services, meet future demand, and improve 

intercity and commuter rail system safety and reliability. The preservation of the right-of-way is 

necessary to ensure that any development at the yard would not eliminate the possibility of future 

rail development and expansion into New York Penn Station.
June 2021 1-6 

Amtrak’s previous engineering analyses confirmed that construction of the Tunnel Encasement 

(aka concrete casing) would need to start prior to construction of the Overbuild foundations for the 

buildings proposed on this portion of the Project Site.8

8 Tutor Perini Corporation and Parsons Brinckerhoff. Amtrak Gateway Project – Hudson Yards Study Final 

Report, 2012 (2012 Hudson Yards Study Final Report). 

If the Tunnel Encasement were not 

constructed before or at the same time as those Overbuild foundations, the ROW for the Tunnel 

Encasement would be permanently lost as a potential alignment for the future expansion of rail 

service between New York and New Jersey via a rail tunnel under the Hudson River. FRA’s 

consideration of this factor in the planning and design of the Tunnel Encasement component 

supports the purpose and need statement to preserve a ROW through the Western Rail Yard to 

support the future construction of a trans-Hudson passenger rail crossing into New York Penn 

Station. 

Since FRA’s issuance of the 2013 and 2014 FONSIs, Amtrak has constructed the portion of 

concrete casing extending beneath the Eastern Rail Yard and under Eleventh Avenue. The final 

section is the Tunnel Encasement that the Project Sponsor would construct as a part of the 

Proposed Action would extend on a diagonal alignment from the western edge of Eleventh Avenue 

to the northern edge of 30th Street underneath the Western Rail Yard. Amtrak has advanced the 

design of the Tunnel Encasement to 100 percent Final Design. Final Design includes design of 

temporary works, construction phasing, structural details and all Tunnel Encasement details 

including interim facilities, any necessary demolition, and utility relocation work. For more 

information about FRA’s past environmental review of the concrete casing and Tunnel 

Encasement, please see https://www.fra.dot.gov/Page/P0666. 