[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Notices]
[Pages 11694-11695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4090]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Southtowns Connector/
Buffalo Outer Harbor (STC/BOH) City of Buffalo, Erie County, NY

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on claims for judicial review of actions 
by FHWA and other federal agencies.

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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 
includes a series of transportation access improvements centered around 
the New York Route 5 corridor along the Lake Erie waterfront in the 
City of Buffalo, City of Lackawanna, and Town of Hamburg in the State 
of New York, that is commonly referred to as the Southtowns Connector/
Buffalo Outer Harbor (STC/BOH) project. 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 September 2, 2008. 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 Alan E. 
Taylor, P.E., Regional Director, NYSDOT Region 5; 100 Seneca Street, 
Buffalo NY 14203, Telephone: (716) 847-3238.

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 highway project in the State of New York: Southtowns 
Connector/Buffalo Outer Harbor (STC/BOH) project in the City of 
Buffalo, City of Lackawanna, and Town of Hamburg, Erie County. The 
project will reconstruct/rehabilitate NY Route 5 and Fuhrmann Boulevard 
(while maintaining them as separate transportation facilities), 
reconstruct Ohio Street into a landscaped arterial, construct a new 
arterial called Tifft Street Arterial connecting I-190 with an improved 
interchange in the Seneca/Elk/Bailey area and traversing south to Tifft 
Street, east of the existing CSX railroad corridor and through the 
former LTV/Republic Steel site. The project will also include the 
construction of various sidewalks, and multi-use paths, 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 May 10, 2006 and in the FHWA Record 
of Decision (ROD) issued on January 31, 2007. 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 
Southtowns Connector/Buffalo Outer Harbor (STC/BOH) project as of the 
issuance date of this notice and all laws under which such actions were 
taken, including but 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.


[[Page 11695]]


(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: February 26, 2008.
Jeffrey W. Kolb,
Division Administrator, Federal Highway Administration, Albany, New 
York.
 [FR Doc. E8-4090 Filed 3-3-08; 8:45 am]
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