[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Notices]
[Pages 71475-71476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28985]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Limitation on Claims Against Proposed Public Transportation 
Projects

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) for projects in the following 
locations: Atlanta, GA; Kansas City, MO; and San Bernardino, CA. 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 the FTA actions announced 
herein for the listed public transportation project will be barred 
unless the claim is filed on or before April 29, 2013.

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 project 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 the 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: Atlanta BeltLine, Atlanta, GA. 
Project sponsor: Metropolitan Atlanta Rapid Transit Authority (MARTA). 
Project description: The FTA and the MARTA have completed a Tier 1 
Programmatic Final Environmental Impact Statement (PFEIS) of the 
Atlanta BeltLine. The Atlanta BeltLine is a proposed fixed guideway 
transit and multi-use trails system within a corridor of approximately 
22 miles encircling central Atlanta. The proposed transit and trails 
elements are part of a comprehensive economic development effort 
combining greenspace, trails, transit, and new development along 
historic rail segments that, together, encircle central Atlanta. 
Collectively, these railroad corridors form a circuit that intersects 
existing MARTA rail corridors near six stations: Lindbergh Center, 
Inman Park/Reynoldstown, King Memorial, West End, Bankhead, and Ashby. 
The Tier 1 decisions included the selection of either Modern Streetcar 
or Light Rail Transit technology; selection of a general alignment of 
new transit and trails; and establishment of the right-of-way needs 
that were described and evaluated as the preferred alternative in the 
Atlanta BeltLine Tier 1 Programmatic Final Environmental Impact 
Statement/Section 4(f) Evaluation. When MARTA seeks FTA

[[Page 71476]]

funding for any of the elements of the Atlanta BeltLine covered by the 
Tier 1 PFEIS, FTA and MARTA will perform a Tier 2 NEPA review to 
identify potential environmental impacts and develop appropriate 
mitigation measures in more detail. Final agency actions: Record of 
Decision (ROD) dated August 28, 2012. Supporting documentation: 
Programmatic Final Environmental Impact Statement dated April 2012.
    2. Project name and location: Kansas City Downtown Streetcar 
Project, Kansas City, MO. Project sponsor: City of Kansas City. Project 
description: The project will construct an approximately two-mile 
streetcar system between Union Station at Pershing Road and Third 
Street and Grand Boulevard, in the River Market District. The project 
includes construction of streetcar stops approximately every two blocks 
and a new vehicle maintenance facility. Final agency actions: No use 
determination of Section 4(f) resources; Section 106 finding of no 
adverse effect; and Finding of No Significant Impact (FONSI) dated 
October 30, 2012. Supporting documentation: Environmental Assessment 
dated September 2012.
    3. Project name and location: Downtown San Bernardino Passenger 
Rail Project, San Bernardino, CA. Project sponsor: San Bernardino 
Associated Governments (SANBAG). Project description: SANBAG is 
proposing to extend Metrolink regional passenger rail service 
approximately one mile east from its current terminus at the existing 
San Bernardino Metrolink Station/Santa Fe Depot (Depot) located at 1170 
West 3rd Street to new Metrolink commuter rail platforms proposed near 
the intersection of Rialto Avenue and E Street in the City of San 
Bernardino. The primary features of the Downtown San Bernardino 
Passenger Rail Project include construction of a second track, rail 
platforms, parking lots, pedestrian overpass at the Depot, and an 
Omnitrans Bus Facility; grade crossing improvements; railroad 
signalizations; and roadway closures. Secondary features include 
construction of drainage improvements, utility accommodation, and 
implementation of safety controls. Final agency actions: No use 
determination of Section 4(f) resources; Section 106 finding of no 
adverse effect; project-level air quality conformity; and Finding of No 
Significant Impact (FONSI) dated October 26, 2012. Supporting 
documentation: Revised Environmental Assessment/Final Environmental 
Impact Report dated August 2012.

    Issued on: November 27, 2012.
Lucy Garliauskas,
Associate Administrator for Planning and Environment, Washington, DC.
[FR Doc. 2012-28985 Filed 11-29-12; 8:45 am]
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