[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27473-27474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11138]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the Tappan Zee Hudson 
River Crossing Project in New York

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the U.S. Army Corps of Engineers (USACE) and U.S. Coast Guard 
(USCG).

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SUMMARY: This notice announces actions taken by the USACE and USCG that 
are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate 
to the Tappan Zee Hudson River Crossing (New NY Bridge) Project located 
in

[[Page 27474]]

Rockland and Westchester Counties, New York. Those actions grant 
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 October 7, 2013. If this date 
falls on a Saturday, Sunday, or legal holiday, parties are advised to 
file their claim no later than the business day preceding this date. If 
the Federal law that authorizes judicial review of a claim provides a 
time period of less than 150 days for filing such claim, then that 
shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Jonathan D. McDade, Division 
Administrator, Federal Highway Administration, Leo W. O'Brien Federal 
Building, Albany, New York 12207, Telephone (518) 431-4127; or Peter 
Sanderson, Project Director, New York State Thruway Authority, 555 
White Plains Road, Tarrytown New York, 10591, Telephone (914) 524-5440.

SUPPLEMENTARY INFORMATION: On October 31, 2012, the FHWA published a 
``Notice of Final Federal Agency Actions'' on the Tappan Zee Hudson 
River Crossing (New NY Bridge) Project in New York, in the Federal 
Register at FR Doc. 2012-26799. Tappan Zee Hudson River Crossing (New 
NY Bridge) Project is located on the Hudson River between the Village 
of South Nyack in Rockland County on the west and the Village of 
Tarrytown in Westchester County on the east. The bridge carries 
Interstate 87 (New York State Thruway) and Interstate 287. The Tappan 
Zee Hudson River (New NY Bridge) Project involves the replacement of 
the existing bridge with two new structures (one each for eastbound and 
westbound traffic), to the north of its existing location. Notice is 
hereby given that subsequent to the earlier FHWA notice, the USACE and 
USCG have taken final agency actions by issuing permits and approvals 
for the Tappan Zee Hudson River Crossing (New NY Bridge) Project in the 
State of New York. The actions by the USACE and the USCG, and the laws 
under which such actions were taken, are described in the permits and 
approvals received by each respective agency. The USACE issued their 
permit on April 25, 2013 (NAN-2012-00090), and the USCG issued their 
permit on April 13, 2013 (3-13-1). The documents are available by 
contacting the FHWA, the NYSDOT, or the NYSTA at the addresses provided 
above. The permits can be viewed and downloaded from the project Web 
site at www.newnybridge.com.
    This notice applies to USACE and USCG agency decisions as of the 
issuance date of this notice and all laws under which such actions were 
taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351];
    2. Bridges: General Bridge Act of 1946, 33 U.S.C. 525-533.
    3. Air: Clean Air Act Section 176 (c), 42 U.S.C. 7506(c).
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty 
Act [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation and 
Management Act of 1976, as amended [16 U.S.C. 1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act 
(NAGPRA) [25 U.S.C. 3001-3013].
    6. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 319, 401, 404); Rivers and Harbors Act of 1899, 33 U.S.C. 
401-406; Coastal Zone Management Act, 16 U.S.C. 1451-1465; Land and 
Water Conservation Fund (LWCF), 16 U.S.C. 4601-4604; Safe Drinking 
Water Act (SDWA), 42 U.S.C. 300(f)-300(j)(6); 33 U.S.C. 401-406; Wild 
and Scenic Rivers Act, 16 U.S.C. 1271-1287.
    7. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; 13175 Consultation and Coordination with Indian 
Tribal Governments; E.O. 11514 Protection and Enhancement of 
Environmental Quality; E.O. 13112 Invasive Species.

(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: May 2, 2013.
Jonathan D. McDade,
Division Administrator, Albany, NY.
[FR Doc. 2013-11138 Filed 5-9-13; 8:45 am]
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