[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69549-69550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27468]


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DEPARTMENT OF TRANSPORTATION [4910-RY]

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed CSX Railway 
Tunnel Project in Washington, District of Columbia

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 that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed CSX Transportation, Inc. (CSX) Virginia Avenue Tunnel Project 
in Washington, DC. Those actions grant 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 April 20, 2015. 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: Mr. Michael Hicks, Environmental/Urban 
Engineer, 1990 K Street, Suite 510, Washington, DC 20006-1103, (202) 
219-3513; email: [email protected]. The FHWA District of Columbia 
Division normal business hours are 8 a.m. to 4:30 p.m. (Eastern Time). 
You may also contact Mr. Faisal Hameed,

[[Page 69550]]

Deputy Chief Engineer, Project Development & Environment, 
Infrastructure Project Management Administration (IPMA), District 
Department of Transportation, 55 M Street SE., Suite 500, Washington, 
DC 20003; telephone: 202-671-2326; email: [email protected]. The 
District Department of Transportation normal business hours are 8:15 
a.m. to 4:45 p.m.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final action by issuing a Record of Decision concerning approvals 
for the Virginia Avenue Tunnel Reconstruction Project in the District 
of Columbia. CSX, the owner of the Virginia Avenue Tunnel, requested 
approval from FHWA to allow the short-term closure of I-695 ramps 
located at 6th and 8th Streets SE and occupancy of a portion of the 
11th Street Bridge right-of-way located on Interstate 695 (I-695) to 
allow the reconstruction of the Virginia Avenue Tunnel. The tunnel is 
located in the Capitol Hill neighborhood of Washington, DC beneath 
eastbound Virginia Avenue SE from 2nd Street SE to 9th Street SE; 
Virginia Avenue Park between 9th and 11th Streets; and the 11th Street 
Bridge right-of-way. The tunnel is also aligned on the south side of I-
695.
    The approval actions by FHWA and the laws under which such actions 
were taken are described in the Draft Environmental Impact Statement 
approved on July 2, 2013, the Final Environmental Statement approved on 
June 5, 2014, and in the FHWA Record of Decision (ROD) issued on 
November 4, 2014, and in other documents in the FHWA administrative 
record. The actions were also based on the DEIS public hearing held on 
July 31, 2013; public meetings held on September 14, 2011, November 30, 
2011, May 21, 2012, September 27, 2012, July 1, 2014 and July 31, 2014; 
and public and agency comments. The FEIS, ROD, and other documents in 
the FHWA administrative record file are available by contacting the 
FHWA, or DDOT, at the addresses provided above. The FEIS and ROD can 
also be viewed and downloaded from the project Web site at 
www.virginiaavenuetunnel.com or viewed at the following locations: 
Southeast Neighborhood Library, 403 7th Street SE., Washington, DC 
20003; or the Southwest Neighborhood Library, 900 Wesley Place SW., 
Washington, DC 20024.
    This notice applies to all Federal 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]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers), 
23 U.S.C. 319.
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    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. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); 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); Rivers and Harbors Act of 1899, 33 
U.S.C. 401-406; Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287; 
Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; TEA-21 Wetlands 
Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11); Flood Disaster 
Protection Act, 42 U.S.C. 4001-4128.
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675.
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 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: November 12, 2014.
Joseph C. Lawson,
Division Administrator, District of Columbia.
[FR Doc. 2014-27468 Filed 11-20-14; 8:45 am]
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