[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Page 39949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17723]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Limitation on Claims Against Proposed Public Transportation 
Projects

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces a final environmental action taken by 
the Federal Transit Administration (FTA) for a project in Hudson 
County, New Jersey. The purpose of this notice is to announce publicly 
the environmental decision by FTA on the subject project and to 
activate the limitation on any claims that may challenge this final 
environmental action.

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 FTA actions announced 
herein for the listed public transportation projects will be barred 
unless the claim is filed on or before January 19, 2018.

FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief 
Counsel, Office of Chief Counsel, (312) 353-2577 or Alan Tabachnick, 
Environmental Protection Specialist, Office of Environmental Programs, 
(202) 366-8541. FTA is located at 1200 New Jersey Avenue SE., 
Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FTA has taken 
final agency action by issuing a certain approval for the public 
transportation project listed below. The action on the project, as well 
as the laws under which such action was taken, is 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 project. Interested parties may 
contact either the project sponsor or the FTA Regional Office for more 
information. Contact information for FTA's Regional Offices may be 
found at https://www.fta.dot.gov.
    This notice applies to all FTA decisions on the listed project as 
of the issuance date of this notice and all laws under which such 
action was 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 project and action that are the subject of this 
notice follows:

    Project name and location: Portal Bridge Capacity Enhancement 
Project, Hudson County, New Jersey. Project Sponsor: New Jersey 
Transit Corporation. Project description: This project consists of 
the demolition of the 100-year old moveable swing-span two-track 
Portal Bridge between the Town of Kearny and the Town of Secaucus, 
and its replacement with two new bridges: a northern fixed two-track 
bridge and a southern fixed two-track bridge. The existing Portal 
Bridge experiences frequent mechanical and operational failures 
which pose reliability concerns, capacity constraints, operational 
inflexibility, and commuter delays along the Northeast Corridor. 
Additionally, the bridge's low vertical clearance conflicts with 
maritime uses. By replacing the movable two-track bridge with two 
fixed two-track bridges at higher elevations, this project will 
increase reliability and operational flexibility, eliminate capacity 
constraints, reduce commuter delays, and support additional maritime 
uses along the Northeast Corridor. In 2008, the Federal Railroad 
Administration (FRA) completed an Environmental Impact Statement 
(EIS) for this project; FTA was a cooperating agency. FRA 
subsequently issued a Record of Decision (ROD) and completed three 
re-evaluations in 2010, 2011, and 2016. FTA has reviewed the 
environmental record, and in accordance with 40 CFR 1506.3 and 23 
U.S.C. 139, FTA is issuing a ROD which adopts FRA's EIS. Final 
agency actions: Section 4(f) determination (included in the EIS, 
dated December 23, 2008), an amendment to the Section 106 Memorandum 
of Agreement dated July 25, 2017 which adds FTA as a signatory, 
project-level air quality conformity, and a ROD dated July 25, 2017. 
Supporting documentation: EIS with ROD dated December 23, 2008, Re-
evaluation dated May 2010; Re-evaluation dated January 2011; and Re-
evaluation dated August 2016.

Lucy Garliauskas,
Associate Administrator Planning and Environment.
[FR Doc. 2017-17723 Filed 8-21-17; 8:45 am]
 BILLING CODE 4910-57-P