[Federal Register Volume 74, Number 68 (Friday, April 10, 2009)]
[Notices]
[Pages 16440-16441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8191]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Actions on the Kosciuszko Bridge 
(Interstate 278) Over Newtown Creek, Kings and Queens Counties, NY

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal agencies.

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SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to the proposed highway project and the 
replacement of the Kosciuszko Bridge over Newtown Creek. Those actions 
grant licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA is advising the public of the final 
agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial 
review of the Federal agency actions on the highway project will be 
barred unless the claim is filed on or before October 7, 2009. If the 
federal law that authorizes judicial review of a claim provides a time 
period less than 180 days for filing such claim, then the shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: Jeffrey Kolb, P.E., Division 
Administrator, Federal Highway Administration, New York Division, Leo 
W. O'Brien Federal Building, Suite 719, Clinton Avenue and North Pearl 
Street,

[[Page 16441]]

Albany, New York 12207, Telephone: 518-431-4127.
    Or
    Norik Tatevossian, P.E., Director of Structures, New York State 
Department of Transportation, Region 11, Hunters Point Plaza, 47-40 
21st Street, Long Island City, NY 11101, Telephone: 718-482-4683.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA, and 
other Federal agencies have taken their final agency actions subject to 
23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the 
following highway project in the State of New York: The Kosciuszko 
Bridge (Interstate 278) over Newtown Creek, Kings and Queens Counties. 
The preferred environmental alternative replaces the existing bridge, 
building a new permanent, parallel bridge on the eastbound (Queens-
bound) side of the existing bridge. The new bridge will be built at a 
lower elevation to allow for reduced grades. When completed, the 
Kosciuszko Bridge will include auxiliary lanes in both directions, 
carrying five lanes of eastbound traffic and four lanes of westbound 
traffic, and have standard lane widths and shoulders. The new bridge 
will also include a bikeway/walkway on the north side of the bridge. 
The selected alternative provides superior safety, operational, and 
structural improvements compared with the other build alternatives, 
while minimizing adverse social, economic, and environmental impacts to 
the extent practicable.
    The new bridge will be constructed at a lower elevation, decreasing 
the vertical clearance over Newtown Creek from 38 m (125'-0'') to 
approximately 27 m (88'-6''), to improve traffic safety and operations 
on the bridge by decreasing the steep roadway grades. The reduced 
grades will significantly improve the vertical stopping sight distance 
on the main span of the bridge, meeting the current interstate highway 
standard. As described in the Final EIS, constructing the new bridge 11 
m (36 ft) lower than the existing bridge will not impede maritime 
traffic on the creek. The project will also include the construction of 
a new bikeway/walkway on the north side of the westbound (Brooklyn-
bound) structure and substantial increases in both the quality and 
quantity of parkland (with both active and passive recreation features) 
in the project area, between four and five times over existing park 
space. Other mitigation measures include streetscaping enhancements 
along all streets to be reconstructed as part of the project, including 
new tree plantings, reconstructed sidewalks, new street lighting, 
improved crosswalks, and better pedestrian sightlines. In addition, 
boat launches for small, non-motorized boats on each side of Newtown 
Creek will be provided.
    The actions taken by the Federal agencies, and the laws under which 
such actions were taken, are described in the Final Environmental 
Impact Statement (FEIS) issued on November 25, 2008 and in the FHWA 
Record of Decision (ROD) issued on March 3, 2009. The FEIS, ROD, and 
other project records are available by contacting the FHWA or the New 
York State Department of Transportation at the addresses provided 
above, or they can be viewed and downloaded at the project Web site 
(https://www.nysdot.gov/regional-offices/region11/projects/kosciuszko-bridge-project), or viewed at public libraries in the project area.
    This notice applies to all Federal agency decisions related to the 
replacement of the Kosciuszko Bridge over Newtown Creek project as of 
the issuance date of this notice and all laws under which such actions 
were taken, including but not limited to:
    1. National Environmental Policy Act [42 U.S.C. 4321-4351].
    2. Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    3. Clean Air Act [42 U.S.C. 7401-7671(q)].
    4. Section 4(f) of the Department of Transportation Act of 1966 [49 
U.S.C. 303].
    5. Endangered Species Act [16 U.S.C. 1531-1544 and Section 1536].
    6. Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)].
    7. Migratory Bird Treaty Act [16 U.S.C. 703-712].
    8. Section 106 of the National Historic Preservation Act of 1966, 
as amended [16 U.S.C. 470(f) et seq.].
    9. Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)].
    10. Farmland Protection Policy Act [7 U.S.C. 4201-4209].
    11. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]
    12. Land and Water Conservation Fund [16 U.S.C. 4601-4604].
    13. Rivers and Harbors Act of 1899 [33 U.S.C. 401-406].
    14. Executive Order 11990 Protection of Wetlands.
    15. Executive Order 11988 Floodplain Management.
    16. Executive Order 12898, Federal Actions to Address Environmental 
Justice Minority Populations and Low Income Populations.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

    Authority: 23 U.S.C. 139(l)(1).

    Issued on April 2, 2009.
Jeffrey W. Kolb,
Division Administrator, Federal Highway Administration, Albany, New 
York.
[FR Doc. E9-8191 Filed 4-9-09; 8:45 am]
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