[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Notices]
[Pages 63643-63646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22069]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Environmental Impact Statement for the Expanded Moynihan/Penn 
Station Redevelopment Project, New York, NY

AGENCY: Federal Railroad Administration (FRA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: FRA is issuing this notice to advise the public that it will 
jointly prepare an environmental impact statement (EIS) with the New 
York State Urban Development Corporation d/b/a Empire State Development 
Corporation (ESDC) to assess the proposed Expanded Moynihan/Penn 
Station Redevelopment Project (the project) in New York City. The 
project is a comprehensive public/private development initiative to 
adaptively reuse the historic James A. Farley Building and the Western 
Annex (collectively referred to as the Farley Complex) as a new train 
station (Moynihan West) and relocated Madison Square Garden, to 
reconstruct critical station and circulation elements at the existing 
Pennsylvania Station (Penn Station) referred to herein as Moynihan 
East, and to implement transit-oriented private development.
    FRA is issuing this notice to solicit public and agency input into 
the development of the scope of the EIS and to advise the public that 
outreach activities conducted by ESDC and its representatives will be 
considered in the preparation of the EIS. The EIS will be prepared in 
accordance the National Environmental Policy Act of 1969 (NEPA, 42 
U.S.C. 4321 et seq.) and the applicable regulations implementing NEPA 
as set forth in 40 CFR 1500-1508, FRA's Procedures for Considering 
Environmental Impacts found at 64 FR 28545 (May 26, 1999), and the New 
York State Environmental Quality Review Act (SEQRA) and its 
implementing regulations found at 6 New York Code of Rules and 
Regulations Part 617. The EIS will also address as necessary Section 
106 of the National Historic Preservation Act, Section 4(f) of the U.S. 
Department of Transportation Act of 1966 (49 U.S.C. 303) (DOT Act) and 
other applicable federal and state laws and regulations.
    The EIS will evaluate a ``Preferred Alternative,'' a ``No Action 
Alternative'' and various build alternatives that modify elements of 
the Preferred Alternative. There are two options under consideration 
for the Preferred Alternative. Under either of these options, the 
development of the Project would occur at the Farley Complex (Block 
755) owned by ESDC and bounded by Ninth Avenue to the west, Eighth 
Avenue to the east, West 31st Street to the south and West 33rd Street 
to the north; the Penn Station Block (Block 781) bounded by Eighth 
Avenue to the west, Seventh Avenue to the east, West 31st Street to the 
south and West 33rd Street to the north; the Railroad Service Building 
(Block 780, Lot 60) located mid-block on West 31st Street across the 
street from Penn Station; the eastern and western portions of the One 
Penn Plaza Block (Block 783) bounded by Eighth and Seventh Avenues and 
West 33rd to West 34th Streets; and the United States Postal Service 
(USPS) Morgan Facility and Annex located on two full blocks (Blocks 726 
and 727) bounded by Tenth Avenue to the west, Ninth Avenue to the east 
and between West 28th and West 30th Streets ESDC may also acquire 
properties on one or more blocks immediately adjacent to the Penn 
Station Block to facilitate the construction of a loading dock and 
other support facilities for Moynihan Station, and to otherwise further 
the goals of the project.
    In addition, under one of the two options being considered, the 
City of New York would establish a new zoning subdistrict (the 
Subdistrict Option). This Subdistrict Option would allow development 
rights from the Penn Station Block to be transferred under certain 
specified conditions to receiving sites located within the subdistrict 
and at prescribed maximum floor areas. It is anticipated that the 
boundaries of the proposed subdistrict would include approximately 20 
city blocks surrounding the Penn Station Block, extending as far south 
as West 28th Street, as far north as West 36th Street, as far east as 
within 200 feet west of Fifth Avenue, and as far west as 200 feet west 
of Ninth Avenue.
    In a related zoning action to be examined in the EIS, the City, in 
connection with the Subdistrict Option only, has proposed to change the 
underlying zoning classifications for a number of lots or blocks within 
the proposed subdistrict from manufacturing and commercial uses (M1-5, 
M1-6, C6-3X, C6-4X and C6-4M) to C6-4. This zoning change, if adopted 
by the City, would allow residential uses in certain areas where such 
uses are not currently permitted by zoning.

DATES: A public scoping meeting will be held on December 6, 2007 in the 
Farley Building, 380 West 33rd Street, Room 4500, New York, NY from 4 
to 8 p.m. A presentation will be made at 4:30 p.m. followed by the 
opportunity for the public to comment on the scope of the EIS. Those 
wishing to speak are required to register at the meeting location. At 
the meeting, comments may also be submitted in written form.
    Persons interested in providing written comments on the scope of 
the EIS should do so by December 17, 2007. Comments should be sent to 
Rebecca Pellegrini, Moynihan Station Development Corporation, 633 Third 
Avenue, 36th Floor, New York, NY 1017 or Mr. John Winkle, FRA at the 
address identified below.

FOR FURTHER INFORMATION CONTACT: For further information regarding the 
environmental review, please contact: Arnold J. Carter, Sr. Vice 
President, Communications, Empire State Development Corporation, 633 
Third Avenue, New York, NY 10017, (212) 803-3740, or Mr. John Winkle, 
Transportation Industry Analyst, Federal Railroad Administration, 1120 
Vermont Avenue, NW., Mail Stop 20, Washington DC 20590, telephone (202) 
493-6067.

SUPPLEMENTARY INFORMATION
    I. Description of Project. The proposed Expanded Moynihan Project/
Penn Station Redevelopment Project is a comprehensive initiative, 
conceived to address and fulfill the following specific needs and 
purposes: to create a modern, iconic, and efficient major 
transportation hub that improves circulation and passenger and 
pedestrian capacity of the Penn Station complex and expands railroad 
capacity and throughput; to create a financially viable and dynamic 
mixed-use rail- and transit-oriented development; to restore and 
preserve an important historic resource; and to provide a unique 
opportunity to build a modern and efficient Madison Square Garden arena 
at a major transit hub.
    The development program at full build-out would include: 
redevelopment of the Farley Complex with a new Moynihan West train 
station and a new, relocated Madison Square Garden arena; the 
construction of a rebuilt rail station (the Moynihan East train 
station) with improved circulation and train halls to replace the 
existing the Penn Station; the construction of up to 5.4 million square 
feet in mixed-use development allowed by the zoning of the Penn Station 
Block (accommodated through on-site development at the Penn Station 
block or, alternatively, in the subdistrict option, through a 
combination of 1.1 million square feet at the Penn Station Block and 
4.3 million square feet of development in the proposed subdistrict); 
the construction of an up to approximately 2 million square foot 
commercial building on the eastern portion of the One Penn Plaza Block 
at the Penn East site; the construction of a 125,000 square foot retail 
building on the western portion of the One Penn Plaza Block at the Penn 
West Site (and under the Subdistrict Option, a larger commercial and 
retail building at the Penn West Site using 875,000 square feet of 
development rights from the Penn Station Block); renovation of the 
Railroad Service

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building for railroad service, administration or other uses; possible 
expansion of the Morgan Annex to accommodate the transfer of USPS 
operations from the Farley Complex (it is assumed that USPS retail 
services, however, would be located elsewhere in the project area if 
they do not remain in the Farley Complex); in one potential 
configuration, the construction of a loading dock and other station-
related support facilities on one or more blocks immediately adjacent 
to the Penn Station Block; and other new commercial and residential 
development within the proposed subdistrict as a result of a related 
zoning action by the City of New York and the transfer of development 
rights from the Farley Complex.
    II. Previous Environmental Reviews. The development of plans for 
improved New York City passenger facilities has been underway since as 
early as 1991 when the National Railroad Passenger Corporation (Amtrak) 
began planning for a new intermodal transportation facility. The 
potential availability of the Farley Complex led to additional efforts 
to devise plans that incorporated passenger rail facilities in the 
Farley Complex. A series of environmental reviews have accompanied the 
various proposals for improvements to the Penn Station facilities and 
site, including most recently draft and final environmental impact 
statements that were issued by ESDC under SEQRA in January 31, 2005 and 
April 27, 2006 respectively. While FRA and the USPS participated with 
ESDC in the preparation of these SEQRA documents, they were not NEPA 
documents and did not attempt to specifically satisfy NEPA 
requirements. The EIS that is the subject of this notice of intent will 
completely evaluate all of the environmental impacts of the currently 
proposed actions under NEPA and SEQRA and serve as an original EIS for 
the FRA but as a supplemental EIS for ESDC given its prior efforts 
under the 2005/2006 state SEQRA EIS process.
    III. Problem Identification/Purpose and Need. The principal public 
purpose of the project is the improvement of transportation facilities 
above the existing Penn Station tracks and platforms. The Penn Station 
complex is America's busiest passenger transportation facility, 
handling over 550,000 people daily, which is more than Kennedy, 
LaGuardia and Newark Liberty airports combined. Yet the present 
station--a three-level, largely subterranean complex designed to handle 
200,000 passengers per day--is inadequate to meet the needs of today's 
passengers. The station is already operating above its design capacity 
and is expected to experience a rapidly growing passenger load due to, 
among other factors, the growth of the Midtown business district and 
the development expected as a result of the Hudson Yards Rezoning.
    By rebuilding Penn Station and expanding it within the Farley 
Complex, the project aims to improve the functionality and capacity of 
station facilities, increase the reliability and sustainability of the 
station, and create an architecturally distinctive and welcoming 
facility that is easily navigable and understood both within the 
facility and at street level. Further, the project would resolve 
existing deficiencies in Penn Station that include pedestrian crowding, 
insufficient passenger waiting areas, confusing circulation, 
insufficient and outmoded employee facilities, and poor station 
identification and visibility within the surrounding area. By 
significantly increasing the amount of public space in the train 
station, the combination of both the east and west station elements 
creates an opportunity to establish wider concourses and improved 
connections to a renovated and expanded Penn Station, grand entrances 
from Eighth Avenue, and sky-lit train halls.
    Another primary goal of the proposed project is the preservation of 
major portions of the historic Farley Complex, including the exterior, 
notably the Eighth Avenue entrance and monumental stairs, and certain 
interior spaces, such as the USPS retail lobby and the New York 
Postmaster's office. The adaptive reuse of the historic Farley Complex 
would reflect the original Pennsylvania Station's role as a 
transportation resource and civic gateway, while preserving and 
restoring a designated local landmark and National Register property.
    The project includes major private sector components as well. Based 
on an extensive ESDC Developer Selection Process, ESDC conditionally 
designated a joint venture of the Related Companies and Vornado Realty 
Trust (the Venture) as project developers in July 2005. The Venture has 
proposed a revised development program that includes relocating Madison 
Square Garden to the Western Annex of the Farley Building and rail- and 
transit-oriented development at Penn Station and nearby development 
sites. The relocation of Madison Square Garden to the Farley Complex 
will enable Madison Square Garden to retain its status as an important 
civic facility that hosts sporting events, political conventions, 
memorial services, and related activities.
    The proposed project would include mixed-use high-rise development 
constructed above and around the new Moynihan Station with up to 5.4 
million square feet of zoning floor area on the Penn Station block (or, 
in the Subdistrict Option, 1.1 million square feet of new retail 
development at the Penn Station block and 4.3 million square feet of 
zoning floor of development in the surrounding area) and approximately 
2.125 million square feet on an adjacent block (the Penn East and West 
development sites). This development takes advantage of its unique 
location at a large transportation hub and is consistent with New York 
State and City public policy that promotes transit-oriented 
development. Additional transit-oriented development may result from a 
rezoning that has been proposed by the City of New York in connection 
with the subdistrict option and by the utilization of unused 
development rights from the Farley Complex at other sites within the 
subdistrict.
    As a high-profile and large-scale public and private development 
initiative, the proposed project is intended to be a leader in 
incorporating sustainable development principles in its design and 
construction. While the planning, design, and construction techniques 
are still being developed, it is anticipated that buildings located at 
the Farley Complex, at Penn East and Penn West and on the Penn Station 
Block will seek to achieve recognition under the Leadership in Energy 
and Environmental Design (LEED) standards as established by the U.S. 
Green Building Council and in conformance with city, state, and federal 
agency initiatives to integrate sustainable design standards in public 
development projects.
    The principal identified federal government roles at this stage of 
project development that trigger the application of NEPA (and related 
environmental and historic preservation statutes and regulations) 
involve the availability of federal funds appropriated by Congress to 
the FRA and other Department of Transportation operating 
administrations for improvements to Penn Station incorporating the 
James A. Farley Building, and FRA's statutory oversight 
responsibilities with respect to Amtrak. FRA does not have a role in 
the relocation of Madison Square Garden to the Western Annex or the 
development of the mixed-use high rise components of the project, both 
as proposed by the Venture. Other federal agencies, including but not 
limited to USPS, may

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participate, as cooperating agencies in the environmental review to the 
extent other federal actions subject to NEPA are identified.
    IV. Alternatives to be Considered. The EIS will consider the 
Preferred Alternative as established by ESDC, a No Action Alternative 
and a number of different build alternatives that would modify elements 
of the Preferred Alternative. These alternatives will consider ways to 
accommodate truck loading facilities at or near the new station and 
private development, as well as different sizes and configurations of 
the proposed development.
    V. Probable Effects. The FRA and ESDC will evaluate both project-
specific and cumulative changes to the social, economic and physical 
environment--including land use and socioeconomic conditions, community 
facilities and services, open space, shadows, water resources, historic 
and archaeological resources, visual character and aesthetics, 
contaminated and hazardous materials, transportation, air quality, 
noise and vibration, infrastructure, environmental justice, and 
cumulative and secondary effects. The analysis will be undertaken 
consistent with NEPA, the Council on Environmental Quality regulations, 
Section 106 of the National Historic Preservation Act, Section 4(f) of 
the DOT Act and SEQRA, along with other applicable federal and state 
regulations.
    VI. Scoping Process. FRA invites all interested individuals, 
organizations, and federal, state, and local agencies to comment on the 
scope of the EIS. Comments are encouraged on specific social, economic, 
or environmental issues to be evaluated, on the purpose and need for 
the project, and on reasonable alternatives that may be less costly, 
more cost effective or have fewer environmental impacts while achieving 
similar transportation and other objectives. ESDC has also prepared a 
detailed draft scope of analysis as required under SEQRA and the draft 
scope may be obtained from ESDC's Web site: http://www.empire.state.ny.us/default.asp or from the contacts identified 
above.
    ESDC will be leading the outreach activities during the public 
scoping process, beginning with the scoping meeting identified under 
DATES above. Additional opportunities for public participation will be 
announced through mailings, notices, advertisements and press releases.

    Issued in Washington, DC, on October 31, 2007.
Mark Yachmetz,
Associate Administration for Railroad Development.
[FR Doc. E7-22069 Filed 11-8-07; 8:45 am]
BILLING CODE 4910-06-P