[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Notices]
[Pages 30049-30050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10281]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Notice of Limitation on Claims Against a Proposed Public 
Transportation Project

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Limitation on Claims.

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SUMMARY: This notice announces a final agency action taken by the 
Federal Transit Administration (FTA) for the Dulles Corridor Metrorail 
Project, a public transportation project in the Washington, DC 
metropolitan area. The purpose of this notice is to announce the 
decision by FTA not to perform supplemental review under the National 
Environmental Policy Act (NEPA) on the subject project and to activate 
the limitation on any claims that may challenge this final agency 
action. This notice does not alter or extend the limitation period of 
180 days for challenges of project decisions subject to a previous 
notice published in the Federal Register on December 4, 2006.

DATES: By this notice, FTA is advising the public of a final agency 
action subject to Title 23, United States Code (U.S.C.), section 
139(l). Any claim seeking judicial review of the FTA action announced 
herein for the listed public transportation project will be barred 
unless the claim is filed on or before November 26, 2007.

FOR FURTHER INFORMATION CONTACT: Carl Bausch, Office of Planning and 
Environment, 202-366-1626, or Christopher Van Wyk, 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 a 
final agency action for the public transportation project listed below. 
This notice describes the action taken for which the 180-day statute of 
limitations will apply. Nothing in this notice affects the FTA's 
previous decisions, or notice thereof, for this project. More 
specifically, the statute of limitations for the approvals documented 
in the project's November 17, 2006, amended Record of Decision and the 
environmental documents on which it is based will still expire on June 
4, 2007, as noticed in the Federal Register on December 4, 2006 (71 FR 
70449). This notice only applies to the discrete action taken by FTA at 
this time that is described below.
    The project and action subject to this notice are:
    Project name and location: Dulles Corridor Metrorail Project; 
metropolitan Washington, DC. Project sponsor: Virginia Department of 
Rail and Public Transportation, Washington Metropolitan Area Transit 
Authority (WMATA), and Metropolitan Washington Airports Authority. 
Project description: The project is an extension of the Washington 
regional Metrorail system in Fairfax and Loudoun Counties, Virginia. It 
will include approximately 23 miles of electrically-powered rapid rail 
transit operating in exclusive right-of-way with at-grade, aerial, and 
subway sections, 11 new

[[Page 30050]]

stations, parking facilities, new and improved yard and shop 
facilities, new rail vehicles, and related systems and equipment. The 
project has two phases, with the first phase extending from the 
existing Metrorail Orange Line near the West Falls Church Station 
through Tysons Corner to a temporary terminus at Wiehle Avenue in 
Reston. The second phase of the project will extend west of Wiehle 
Avenue to Dulles International Airport and eastern Loudoun County. 
Between Tysons Corner and the Airport, the project is generally aligned 
in the median of the Dulles International Airport Access Highway. Final 
agency action: FTA has reviewed information provided from various 
sources on the feasibility of using large-bore tunnel technology for 
the underground design option through the entire Tysons Corner 
commercial district. Based on its review, the FTA determined on May 18, 
2007, that its decision during the National Environmental Policy Act 
(NEPA) process to reject an entirely underground design option through 
Tysons Corner remains valid and is unaffected by the information it has 
received on the availability of large-bore tunnel technology. Thus, FTA 
has decided that it is not necessary to perform a supplemental NEPA 
review of project alternatives at this time. Additional information on 
the recent submissions and the FTA decision that are described above 
may be obtained by contacting the individuals listed above.

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

    Issued on: May 23, 2007.
Susan Borinsky,
Associate Administrator for Planning and Environment, Washington, DC.
 [FR Doc. E7-10281 Filed 5-29-07; 8:45 am]
BILLING CODE 4910-57-P