Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 55897 

Conservation and Management Act of 

1976, as amended [16 U.S.C. 1801 et 

seq.]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archaeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archaeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act [25 

U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act [7 U.S.C. 4201– 

4209]; the Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, as 

amended [42 U.S.C. 61]. 

7. Wetlands and Water Resources: 

Clean Water Act, 33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 319); 

Coastal Zone Management Act [16 

U.S.C. 1451–1465]; Land and Water 

Conservation Fund [16 U.S.C. 4601– 

4604]; Safe Drinking Water Act [42 

U.S.C. 300(f)–300(j)(6)]; Rivers and 

Harbors Act of 1899 [33 U.S.C. 401– 

406]; TEA–21 Wetlands Mitigation [23 

U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood 

Disaster Protection Act [42 U.S.C. 4001– 

4128]. 

8. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act [42 U.S.C. 9601–9675]; Superfund 

Amendments and Reauthorization Act 

of 1986 [Pub. L. 99–499]; Resource 

Conservation and Recovery Act [42 

U.S.C. 6901–6992(k)]. 

9. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; E.O. 13112 

Invasive Species. 

(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: September 22, 2008. 

Peter A. Jilek, 

Urban Area Engineer, Olympia, Washington. 

[FR Doc. E8–22695 Filed 9–25–08; 8:45 am] 

BILLING CODE 4910–22–P 

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. 

SUMMARY: This notice announces final 

environmental actions taken by the 

Federal Transit Administration (FTA) 

for public transportation projects in the 

following areas: Fort Collins, Colorado; 

Belle Glade, Florida; Gustavus, Alaska; 

Dallas, Texas; West Covina, California; 

and Andover, New Jersey. 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 Title 23, United States Code 

(U.S.C.), section 139(l). 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 

March 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Zelasko, Environmental 

Protection Specialist, Office of Planning 

and Environment, 202–366–0244, or 

Christopher Van Wyk, AttorneyAdvisor, 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., e.t., 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 the project to 

comply with the National 

Environmental Policy Act (NEPA), and 

in other documents in the FTA 

administrative record for the project. 

The final agency environmental 

decision documents—Records of 

Decision (ROD) or Findings of No 

Significant Impact (FONSI)—for the 

listed projects are available online at 

http://www.fta.dot.gov/planning/ 

environment/ 

planning_environment_documents.html 

or may be obtained by contacting the 

FTA Regional Office for the 

metropolitan area where the project is 

located. Contact information for the 

FTA 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, the 

National Environmental Policy Act 

(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]. 

The projects and actions that are the 

subject of this notice are: 

1. Project name and location: The 

Mason Corridor MAX Bus Rapid Transit 

(BRT) Project, Fort Collins, Colorado. 

Project sponsor: City of Fort Collins. 

Project description: The FTA and City of 

Fort Collins have completed an 

Environmental Assessment (EA) for a 

five-mile, north-south BRT system that 

will be located in the central area of Fort 

Collins. The BRT system that extends 

from Cherry Street to south of Harmony 

Road will involve 3.6 miles of exclusive 

guideway with 1.4 miles of mixed street 

traffic. The project will also include a 

transit center, two-way conversion of N. 

Mason Street and Howes Street, and 

several park-n-ride lots and BRT 

stations. Final Agency Actions: FONSI 

signed on September 9, 2008. Section 

106 Memorandum of Agreement signed 

on August 1, 2008; Project-level Air 

Conformity Determination; and Section 

4(f) de minimis impact finding. 

Supporting documentation: Mason 

Corridor Mason Express Bus Rapid 

Transit Environmental Assessment 

signed May 27, 2008. 

2. Project name and location: Palm 

Tran Satellite Bus Facility, Belle Glade, 

Florida. Project sponsor: Palm Tran. 

Project description: The project involves 

the construction of a satellite bus 

facility with a 7,600-square-foot 

maintenance and bus storage building, 

and a bus parking area. The satellite bus 

facility will be near Belle Glade, Florida 

and built as a joint project with the West 

County Government Center and 

Correctional Facilities. Final agency 

actions: FONSI signed on August 11, 

2008; Project-level Air Conformity 

Determination; Section 106 Finding of 

No Historic Properties Affected. 

Supporting documentation: Palm Tran 


jlentini on PROD1PC65 with NOTICES
55898 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 

1The rail line at issue in this proceeding is part 

of a larger BNSF segment in King County that is the 

subject of two pending proceedings before the 

Board. For information regarding these proceedings 

see: BNSF Railway Company—Abandonment 

Exemption—in King County, WA, STB Docket No. 

AB–6 (Sub-No. 465X) (STB served Aug. 29, 2008), 

and The Port of Seattle—Acquisition Exemption— 

Certain Assets of BNSF Railway Company, STB 

Finance Docket No. 35128 (STB served June 20, 

2008). An abandonment proposal involving a 

connecting BNSF branch line is also pending in 

BNSF Railway Company—Abandonment 

Exemption—in King County, WA, STB Docket No. 

AB–6 (Sub-No. 463X) (STB served Sept. 26, 2008). 

2By petition for exemption filed on September 8, 

2008, BNSF is also seeking an exemption from the 

offer of financial assistance (OFA) requirements of 

49 U.S.C. 10904. The merits of the petition will be 

addressed in a separate decision. 

3The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

4Effective July 18, 2008, the filing fee for an OFA 

increased to $1,500. See Regulations Governing 

Fees for Services Performed in Connection With 

Licensing and Related Services—2008 update, STB 

Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 

2008). 

Satellite Bus Facility Environmental 

Assessment released on June 15, 2008. 

3. Project name and location: 

Gustavus Causeway Replacement, 

Gustavus, Alaska. Project sponsor: State 

of Alaska Department of Transportation 

and Public Facilities (Alaska DOT&PF). 

Project description: Alaska DOT&PF 

intends to replace a dock facility in 

Gustavus, Alaska that supports freight 

movement, bulk fuel transfer, and 

marine passenger vessels. The 

replacement dock will include a wider 

trestle to allow two-way traffic, a 

securable staging area for passenger 

vehicles and freight, and an upgraded 

fuel-transfer pipeline. Final agency 

actions: FONSI signed on August 14, 

2008. Supporting documentation: 

Environmental Assessment for the 

Gustavus Causeway Replacement 

Project issued in May 2008. 

4. Project name and location: 

Northwest Corridor to Irving/Dallas-Fort 

Worth Light Rail Transit Line, Dallas, 

Texas. Project sponsor: Dallas Area 

Rapid Transit (DART). Project 

description: DART is proposing to 

construct a 9.3-mile light rail transit 

extension from the existing Northwest 

Corridor line to the Dallas/Forth Worth 

Airport Property. The project will 

involve the construction of six light rail 

transit stations and seven traction power 

substations and the purchase of ten light 

rail vehicles. DART would defer 

construction of two proposed light rail 

stations until they are warranted by 

development. Final agency actions: 

ROD signed on September 5, 2008; 

Section 106 Finding of No Historic 

Properties Affected; Section 4(f) finding, 

and Project-level Air Conformity 

Determination. Supporting 

documentation: Northwest Corridor to 

Irving/Dallas-Fort Worth Light Rail 

Transit Line Environmental Impact 

Statement signed on July 17, 2008. 

5. Project name and location: Foothill 

Transit Park-and-Ride, West Covina, 

California. Project sponsor: Foothill 

Transit. Project description: The project 

involves the construction of a six-level 

parking structure on an existing surface 

parking lot in West Covina, California. 

Final agency actions: FONSI signed on 

July 10, 2008; Project-level Air 

Conformity Determination; Section 106 

Finding of No Historic Properties 

Affected. Supporting documentation: 

Environmental Assessment for the 

Foothill Transit Park-and-Ride signed 

on May 23, 2008. 

6. Project name and location: 

Lackawanna Cut-Off Rail Restoration 

Project, Minimal Operable Segment, 

Andover, New Jersey. Project sponsor: 

New Jersey Transit (NJT). Project 

description: The project involves the 

construction of one station and parking 

facility with 65 spaces in Andover, New 

Jersey, construction of 7.3 miles of new 

railroad infrastructure (track, signals, 

communications, and grade crossing 

improvements) on existing right-of-way 

in New Jersey, and rehabilitation of the 

Roseville Tunnel. The service will 

operate out to Andover, New Jersey 

from Hoboken, New Jersey, extending 

from the existing NJT Morris & Essex 

and Montclair-Boonton Line trains. 

Final agency actions: FONSI signed on 

September 12, 2008; Section 106 

Finding of No Adverse Effect. 

Supporting documentation: 

Environmental Assessment on the 

Lackawanna Cut-Off Rail Restoration 

Project issued on July 1, 2008. 

Issued on: September 17, 2008. 

Susan Borinsky, 

Associate Administrator for Planning and 

Environment, Washington, DC. 

[FR Doc. E8–22634 Filed 9–25–08; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–6 (Sub-No. 464X)] 

BNSF Railway Company— 

Abandonment Exemption—in King 

County, WA 

BNSF Railway Company (BNSF) has 

filed a notice of exemption under 49 

CFR 1152 Subpart F–Exempt 

Abandonments to abandon a 5.60-mile 

rail line 1 between milepost 5.00, at 

Kennydale, and milepost 10.60 at 

Wilburton, in King County, WA.2 The 

line traverses United States Postal 

Service Zip Codes 98004, 98005, 98006, 

and 98056. 

BNSF has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) all overhead traffic on 

the line has been rerouted over other 

lines; (3) no formal complaint filed by 

a user of rail service on the line (or by 

a state or local government entity acting 

on behalf of such user) regarding 

cessation of service over the line either 

is pending with the Surface 

Transportation Board or with any U.S. 

District Court or has been decided in 

favor of complainant within the 2-year 

period; and (4) the requirements at 49 

CFR 1105.7 (environmental reports), 49 

CFR 1105.8 (historic reports), 49 CFR 

1105.11 (transmittal letter), 49 CFR 

1105.12 (newspaper publication), and 

49 CFR 1152.50(d)(1) (notice to 

governmental agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an OFA has been received, 

this exemption will be effective on 

October 28, 2008, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,3

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),4 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by October 

6, 2008. Petitions to reopen or requests 

for public use conditions under 49 CFR 

1152.28 must be filed by October 16, 

2008, with the Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. 

A copy of any petition filed with the 

Board should be sent to BNSF’s 

representative: Kristy D. Clark, BNSF 

Railway Company, 2500 Lou Menk 

Drive, AOB–3, Fort Worth, TX 76131. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

BNSF has filed both an environmental 

report and a historic report that address 

the effects, if any, of the abandonment 

on the environment and historic 

resources. SEA will issue an 

environmental assessment (EA) by 


jlentini on PROD1PC65 with NOTICES