4502 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

ACTION: Notice of limitation on claims 

for judicial review of actions by FHWA 

and other federal agencies. 

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 a proposed highway 

project, that involves reconstruction of 

an interchange and related 

transportation improvements centered 

on the New York State Route 17 Exit 

122 interchange within the Town of 

Wallkill, Orange County, in the State of 

New York. Those actions grant licenses, 

permits, and approvals for the project. 

DATES: By this notice, the FHWA is 

advising the public of 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 July 27, 2009. If the 

Federal law that authorizes judicial 

review of a claim provides a time period 

of less than 180 days for filing such 

claim, then that shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey W. Kolb, P.E., Division 

Administrator, Federal Highway 

Administration, New York Division, Leo 

W. O’Brien Federal Building, 7th Floor, 

Clinton Avenue and North Pearl Street, 

Albany, New York 12207, Telephone: 

(518) 431–4127 or Joan Dupont, P.E., 

Regional Director, NYSDOT Region 8; 4 

Burnett Boulevard, Poughkeepsie, New 

York 12603, Telephone: (845) 431–5750. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA, and other 

Federal agencies have taken final agency 

actions subject to 23 U.S.C. 139(l)(1) by 

issuing licenses, permits, and approvals 

for the following transportation project 

in the State of New York: New York 

Route 17 Exit 122 in the Town of 

Wallkill, Orange County. The project 

will reconstruct and rehabilitate the 

existing Exit 122 interchange ramp 

configuration to provide for new loop 

and directional ramps connected to 

relocated sections of East Main Street 

and Crystal Run Road to improve safety 

and operation and bring it up to current 

Federal standards for an Urban 

Principal Arterial Interstate. Crystal Run 

Road will be realigned to connect to 

East Main Street. The East Main Street 

extension will not be constructed, but 

the project could accommodate future 

roadway construction of an East Main 

Street extension if planned and 

approved through the local government 

planning process and built by others. 

The Crystal Run Road Bridge over NYS 

Route 17 will be removed and replaced 

in a location closer to the Wallkill River. 

Auxiliary ramps will be provided 

between Exits 122 and 121 to separate 

weaving maneuvers from the mainline 

NYS Route 17. The project will also 

include reasonable measures to 

minimize environmental impacts, and 

other landscape and aesthetic 

enhancements within the project limits. 

The actions by the Federal agencies, and 

the laws under which such actions were 

taken, are described in the Final 

Environmental Impact Statement (FEIS) 

for the project, approved on July 21, 

2008 and in the FHWA Record of 

Decision (ROD) issued on December 18, 

2008. 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. 

This notice applies to all Federal 

agency decisions related to the New 

York Route 17 Exit 122 project as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

include but are 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 in 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: January 6, 2009. 

Jeffrey W. Kolb, 

Division Administrator, Federal Highway 

Administration. Albany, New York. 

[FR Doc. E9–1534 Filed 1–23–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket Number: FTA–2009–0005] 

Notice of Availability of Discussion 

Paper on the Evaluation of Economic 

Development 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: This notice announces the 

availability of the Federal Transit 

Administration’s (FTA) discussion 

paper on the Evaluation of Economic 

Development and requests your 

comments on it. The paper describes 

one possible approach that could be 

used to evaluate economic development 

impacts of projects seeking New Starts 

funding. Economic development is one 

of the criteria that FTA uses to assess 

project justification, which, along with 

local financial commitment, informs 

FTA funding decisions for New Starts 

projects. 

DATES: Comments must be received 

within 60 days after publication in the 

Federal Register. Late filed comments 

will be considered to the extent 

practicable. 

ADDRESSES: You may submit comments 

[identified by the Docket Number FTA– 

2008–0053] by any of the following 

methods: 

Web site: http://regulations.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

Fax: 202–493–2251. 

Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Ave., SE., 

Washington, DC 20590. 

Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Ave., SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4503 

Instructions: You must include the 

agency name (Federal Transit 

Administration) and the docket number 

(FTA–2009–0005). You should submit 

two copies of your comments if you 

submit them by mail. If you wish to 

receive confirmation that FTA received 

your comments, you must include a 

self-addressed stamped postcard. Note 

that all comments received will be 

posted without change to the federal 

government Web site located at http:// 

regulations.gov. This means that if your 

comment includes any personal 

identifying information, such 

information will be made available to 

users of Web site. 

FOR FURTHER INFORMATION CONTACT: Ron 

Fisher, Office of Planning and 

Environment, telephone (202) 366– 

4033. FTA is located at 1200 New Jersey 

Ave., SE., East Building, Washington, 

DC 20590. Office hours are from 9 a.m. 

to 5:30 p.m., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: Although 

the discussion paper is reasonably 

detailed, FTA invites comments that 

may address broader areas of the 

evaluation of economic development as 

well as comments that address the level 

of detail described. Comments made on 

the discussion paper will be considered 

by FTA in its development of proposed 

policy guidance some time in the future 

on the approach for evaluation of 

economic development. That proposed 

policy guidance will also be published 

for notice and comment prior to being 

finalized. 

FTA is departing from its usual 

approach of simply issuing proposed 

guidance and then final because no 

formal FTA approach to evaluation of 

this criterion exists, there is a broad 

diversity of views on the definition of 

economic development, and the state-ofthe-practice for its evaluation is far 

behind that for more traditional 

measures of mobility improvements. 

FTA requests comments on the 

evaluation of economic development 

and specifically on the discussion 

paper, which is available in DOT’s 

electronic docket at http:// 

regulations.gov and on FTA’s Web site 

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

newstarts/ 

planning_environment_5615.html. 

Issued on: January 16, 2009. 

Sherry E. Little, 

Acting Administrator. 

[FR Doc. E9–1545 Filed 1–23–09; 8:45 am] 

BILLING CODE 4910–57–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: San Francisco, 

California; Miami, Florida; Sacramento, 

California; and Hudson County, New 

Jersey and New York, New York. 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 

July 27, 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. 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 

corresponding 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 

corresponding 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 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 (e.g., this notice does 

not extend the limitation on claims 

announced in the Federal Register on 

November 2, 2007, for the ROD issued 

for the Miami-Dade Orange Line Phase 

2 Project). 

The projects and actions that are the 

subject of this notice are: 

1. Project name and location: Central 

Subway Project, San Francisco, 

California. 

Project sponsor: San Francisco 

Municipal Transportation Authority 

(SFMTA). 

Project description: The FTA and 

SFMTA have completed a Final 

Supplemental Environmental Impact 

Statement (FSEIS) and Final 

Supplemental Environmental Impact 

Report (FSEIR) for the Central Subway 

Project, an extension of the Third Street 

Light Rail Project. SFMTA will build a 

1.7-mile extension along Fourth and 

Stockton Streets from the existing Third 

Street Light Rail Station at Fourth and 

King Streets to a new terminus in 

Chinatown at Stockton and Jackson 

Streets. The light rail transit will 

transition to subway operation at a 

portal under the I–80 Freeway and 

continue along Fourth Street in a twintunnel configuration. The Central 

Subway project includes one surface 

station between Brannan and Bryant 

Streets and three subway stations: 

Moscone, Union Square/Market Street, 

and Chinatown. A temporary 

construction tunnel would extend 

beyond the Chinatown Station under 

Stockton Street to Columbus Avenue 

near Washington Square. Final Agency 

Actions: ROD signed on November 26, 

2008; Section 106 Memorandum of 

Agreement signed on November 5, 2008; 

Project-level Air Quality Conformity 

determination; and Section 4(f) de 

minimis impact finding. Supporting 

documentation: Central Subway Project 

Supplemental Final Environmental 

Impact Statement/Environmental