Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Notices 67239 

in its environmental review, for corridor 

preservation or otherwise. The 

environmental review of ROW 

acquisition must be completed in 

accordance with NEPA and all other 

applicable Federal laws and regulations. 

FTA acknowledges that the CE found at 

23 CFR § 771.118(d)(4), is potentially 

available for the appropriate level of 

NEPA review for corridor preservation; 

FTA notes, however, that if the CE is to 

be used then the conditions found in 

Sections 771.118(a) and (b) must be met. 

To add clarity, FTA revised the 

guidance to reflect this discussion. 

One commenter questioned the 

guidance’s requirement that all FTA 

planning requirements be satisfied for 

corridor preservation, including having 

the project in the Transportation 

Improvement Program (TIP) and State 

Transportation Improvement Program 

(STIP). If ROW is acquired with FTA 

funds, it is a Federal action and subject 

to FTA’s metropolitan and statewide 

planning requirements, meaning that 

the corridor preservation project must 

be included in Metropolitan 

Transportation Plan (MTP), the TIP and 

STIP. Moreover, even if the property is 

acquired with local funds, the project 

should be in the MTP if it is foreseeable 

that FTA funds are expected to be used 

for the project that would use that ROW. 

Two commenters submitted 

comments on the grants management/

administration portion of the guidance. 

One commenter questioned FTA’s 

expectation that a grantee implement a 

transit project using the ROW within a 

reasonable timeframe. The commenter 

requested FTA articulate criteria for this 

requirement. FTA declines to articulate 

specific criteria, but notes that the 

expectation of FTA is that when it 

provides Federal funds for corridor 

preservation that a project be built on 

that property within a reasonable 

timeframe. This is to ensure a proper 

and appropriate use of Federal funds. 

The final guidance is unchanged and 

states that, in determining the 

appropriate timeframe, FTA will consult 

with the project sponsor and will 

consider the planning status of any 

proposed project that would use the 

ROW. A second commenter questioned 

the guidance’s requirement regarding 

the disposition of the ROW in 

accordance with 49 U.S.C. 5334(h)(1)– 

(3), 49 U.S.C. 5334(h)(4), or 49 CFR 

18.31(c). The commenter recommended 

FTA allow for the repayment of Federal 

funds when for some reason a project 

does not proceed as an option to avoid 

disposition of the ROW. One alternative 

disposition method involves the 

retention of title by the project sponsor 

after compensating the Federal 

awarding agency. This is described in 

FTA’s Grant Management Requirements 

Circular (5010.1D), which sets forth all 

of the real property disposition 

requirements. See http://

www.fta.dot.gov/legislation_law/12349_

8640.html. 

One commenter urged FTA to 

encourage Congress to recognize the 

importance of predictable funding over 

improved streamlining. FTA decided 

that this comment is outside the scope 

of this guidance. 

The final guidance is available in the 

U.S. Government’s electronic docket site 

at http://www.regulations.gov under 

docket number FTA–2013–0019 and on 

the FTA Web site at http://

www.fta.dot.gov. 

Therese W. McMillan, 

Acting Administrator, Federal Transit 

Administration. 

[FR Doc. 2014–26705 Filed 11–10–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Limitation on Claims Against Proposed 

Public Transportation Projects 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice. 

SUMMARY: This notice announces final 

environmental actions taken by the 

Federal Transit Administration (FTA) 

for projects in San Diego, CA; Tarrant 

County, TX; and Washington, DC. 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 FTA actions 

announced herein for the listed public 

transportation projects will be barred 

unless the claim is filed on or before 

April 13, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Nancy-Ellen Zusman, Assistant Chief 

Counsel, Office of Chief Counsel, (312) 

353–2577 or Terence Plaskon, 

Environmental Protection Specialist, 

Office of Human and Natural 

Environment, (202) 366–0442. FTA is 

located at 1200 New Jersey Avenue SE., 

Washington, DC 20590. Office hours are 

from 9:00 a.m. to 5:30 p.m., 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 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 

administrative record for the projects. 

Interested parties may contact either the 

project sponsor or the relevant FTA 

Regional Office for more information on 

each project. 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 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 are: 

1. Project name and location: MidCoast Corridor Transit Project, San 

Diego, CA. Project sponsor: San Diego 

Association of Governments (SANDAG). 

Project description: SANDAG proposes 

to extend operation of the San Diego 

Trolley Blue Line from the Santa Fe 

Depot in Downtown San Diego north to 

the Old Town Transit Center (OTTC) 

approximately 3.5 miles via the existing 

Trolley tracks, and then north along 

new tracks for 10.9 miles to the 

University Town Centre Transit Center 

in University City, with nine new 

stations (four at-grade and five aerial) 

and parking facilities at five stations. 

The project includes upgrades to 

existing facilities between Santa Fe 

Depot and the OTTC, park-and-ride 

facilities, and the acquisition of new 

Trolley vehicles. Final agency actions: 

Section 4(f) de minimis impact 

determination; Section 106 finding of no 

adverse effect; project-level air quality 

conformity; and Record of Decision 

(ROD), dated October 15, 2014. 

Supporting documentation: Final 

Supplemental Environmental Impact 

Statement/Subsequent Environmental 

Impact Report, dated October 15, 2014. 

2. Project name and location: TEX 

Rail Corridor Project, Tarrant County, 

TX. Project sponsor: Fort Worth 


TKELLEY on DSK3SPTVN1PROD with NOTICES
67240 Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Notices 

Transportation Authority. Project 

description: The proposed project is 

27.2 miles of commuter rail transit 

operating in an exclusive right-of-way 

with at-grade and aerial sections 

between downtown Fort Worth, west of 

the Texas and Pacific Station, and the 

Dallas/Fort Worth International Airport 

at the Terminal A/B Station. The project 

includes eight stations (two stations are 

existing and will be shared with Trinity 

Railway Express service in Fort Worth), 

parking facilities, new and improved 

yard and shop facilities, rail vehicles, 

fare collection equipment, 

communications and train control 

systems, and ancillary facilities for the 

distribution of electrical power and 

stormwater management. Final agency 

actions: Section 4(f) determination; a 

Section 106 Memorandum of 

Agreement; project-level air quality 

conformity; and a Record of Decision, 

dated September 29, 2014. Supporting 

documentation: Final Environmental 

Impact Statement, dated May 19, 2014. 

3. Project name and location: 

Anacostia Streetcar Extension, 

Washington, DC. Project sponsor: 

District of Columbia Department of 

Transportation (DDOT). Project 

description: The DDOT is proposing to 

construct and operate a half-mile 

extension of the Anacostia Initial Line 

(AIL) streetcar line. The project, with 

operations in 2017, will extend the AIL 

streetcar service, primarily along the 

CSX right-of-way, from the Anacostia 

Metrorail Station to the foot of the 11th 

Street Bridge at the intersection of 

Martin Luther King, Jr. Avenue SE. and 

Good Hope Road SE. in the Anacostia 

neighborhood of Washington, DC. Final 

agency actions: No use determination of 

Section 4(f) resources; Section 106 

finding of no adverse effect; projectlevel air quality conformity; and 

Finding of No Significant Impact 

(FONSI), dated October 10, 2014. 

Supporting documentation: 

Environmental Assessment, dated 

February 26, 2014. 

Dated: November 5, 2014. 

Lucy Garliauskas, 

Associate Administrator Planning and 

Environment. 

[FR Doc. 2014–26728 Filed 11–10–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35848] 

Wisconsin & Southern Railroad, 

L.L.C.—Acquisition and Operation 

Exemption—Union Pacific Railroad 

Company 

AGENCY: Surface Transportation Board. 

ACTION: Notice of acquisition and 

operation exemption. 

SUMMARY: The Board is granting an 

exemption under 49 U.S.C. 10502 from 

the prior approval requirements of 49 

U.S.C. 10902 for Wisconsin & Southern 

Railroad, L.L.C. (WSOR), a Class II rail 

carrier, to acquire from the Union 

Pacific Railroad Company (UP) and 

operate a permanent exclusive freight 

rail operating easement over 

approximately 69.62 miles of rail line 

(the Line) in the State of Wisconsin. 

Specifically, the Line includes: (a) The 

Reedsburg Line, between milepost 134.0 

and milepost 191.90 near Reedsburg; (b) 

the Central Soya Industrial Lead, 

between milepost 83.78 and milepost 

85.5 in Madison; and (c) the Cottage 

Grove Industrial Lead, between milepost 

81.00 and milepost 71.00. WSOR has 

been the exclusive operator over the 

Line since 1996 pursuant to a lease with 

UP, and upon consummation of the 

transaction, will continue to operate the 

line. The exemption is subject to 

standard labor protective conditions. In 

the same decision, the Board is granting 

WSOR a waiver of the employee notice 

requirements of 49 CFR 1121.4(h). 

DATES: This exemption will be effective 

on December 6, 2014. Petitions to stay 

must be filed by November 17, 2014. 

Petitions to reopen must be filed by 

November 26, 2014. 

ADDRESSES: Send an original and 10 

copies of all pleadings, referring to 

Docket No. FD 35848, to: Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, one copy of all pleadings must 

be served on WSOR’s representative: 

Karl Morell, Of Counsel, BALL JANIK 

LLP, Suite 225, 655 Fifteenth Street 

NW., Washington, DC 20005, and on all 

other parties of record in Docket No. FD 

35848. 

FOR FURTHER INFORMATION CONTACT: 

Scott Zimmerman, (202) 245–0386. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

(800) 877–8339. Copies of written filings 

will be available for viewing and selfcopying at the Board’s Public Docket 

Room, Room 131, and will be posted to 

the Board’s Web site. 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision served on 

November 6, 2014, which is available on 

our Web site at www.stb.dot.gov. 

Decided: November 6, 2014. 

By the Board, Chairman Elliott, Vice 

Chairman Miller, and Commissioner 

Begeman. 

Raina White, 

Clearance Clerk. 

[FR Doc. 2014–26740 Filed 11–10–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35869] 

Delaware Lackawaxen & Stourbridge 

Railroad Company—Operation 

Exemption—Stourbridge Railroad 

Company 

Delaware Lackawaxen & Stourbridge 

Railroad Company (DL&S), a noncarrier, 

has filed a verified notice of exemption 

under 49 CFR 1150.31 to operate a 

24.80-mile rail line between milepost 

0.0 at Lackawaxen, in Pike County, Pa., 

and milepost 24.80 at Honesdale, in 

Wayne County, Pa. (the Line), pursuant 

to an operating agreement with Class III 

rail carrier Stourbridge Railroad 

Company (SBRR), the owner of the Line. 

DL&S states that the agreement 

provides that DL&S will be the 

exclusive common carrier freight and 

passenger operator on the Line. DL&S 

also states that there will be no 

restrictions or limitations with regard to 

the interchange of freight traffic. DL&S 

notes that it will interchange with the 

Central New York Railroad Company at 

milepost 0.0 at Lackawaxen. 

The transaction may be consummated 

on November 26, 2014, the effective 

date of the exemption (30 days after the 

exemption was filed). 

DL&S certifies that its projected 

annual revenues as a result of this 

transaction will not exceed those that 

would qualify it as a Class III carrier and 

will not exceed $5 million. DL&S also 

certifies that this transaction will not 

result in the creation of a Class I or Class 

II rail carrier. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

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

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Stay petitions must be 

filed by November 19, 2014 (at least 

seven days before the exemption 

becomes effective). 


TKELLEY on DSK3SPTVN1PROD with NOTICES