[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Pages 16520-16521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05431]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Final Federal Agency Actions on Proposed Rail
Transportation Projects
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
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SUMMARY: This notice announces final environmental actions taken by the
Federal Railroad Administration (FRA) that are final for the Western
Rail Yard Infrastructure Project, Livingston Avenue Bridge Replacement
Project, and the Aberdeen Carolina & Western Railway Congestion
Mitigation Project. The purpose of this notice is to advise the public
of the time limit to file any claims that may challenge these decisions
and other Federal permits, licenses, and approvals for the Projects.
DATES: A claim seeking judicial review of Federal agency actions for
the listed rail transportation projects will be barred unless the claim
is filed on or before March 17, 2025. If the Federal law that
authorizes judicial review of a claim provides a time period of less
than two years for filing such claim, then the shorter time period
applies.
FOR FURTHER INFORMATION CONTACT: For further information related to
this notice, please contact Pauline Munz, Attorney-Adviser, Office of
the Chief Counsel, 1200 New Jersey Avenue SE, W31-228, Washington, DC
20590; telephone: 202-493-0558 or email: [email protected].
SUPPLEMENTARY INFORMATION: Notice is given that FRA has taken final
agency action(s) by issuing certain approvals for the rail
transportation project(s) listed below. The actions on the projects, as
well as the laws under which such actions were taken, are described in
the documentation issued for the projects to comply with the National
Environmental Policy Act (NEPA) and related environmental laws.
This notice applies to all Federal agency decisions on the listed
project(s) as of the issuance date of this notice and all Federal laws
under which such actions were taken, including but not limited to, NEPA
(42 U.S.C. 4321-4375); section 4(f) (49 U.S.C. 303); section 106 of the
National Historic Preservation Act (54 U.S.C. 306108); the Clean Air
Act (42 U.S.C. 7401-7671q); the Endangered Species Act (16 U.S.C. 1531-
1544); the Clean Water Act (33 U.S.C. 1251) and relevant Executive
Orders (E.O.) including, E.O. 11990 Protection of Wetlands, E.O. 11988
Floodplain Management, E.O. 13112 Invasive Species, E.O. Federal
Actions to Address Environmental Justice in Minority Populations and
Low Income Populations, and E.O. 13175 Consultation and Coordination
with Indian Tribal Governments. This notice does not, however, alter or
extend a shorter limitation period that may exist for challenges of
project decisions covered by this notice. The projects that are the
subject of this notice follow.
Project name and location: Western Rail Yard Infrastructure
Project, New York, New York.
Project Summary: The project consists of construction and operation
of: (1) a structural Platform (Platform); and (2) a railroad right-of-
way preservation Tunnel Encasement (Tunnel Encasement). The project
will be located on the 13-acre Western Rail Yard site, located on the
western half of the Metropolitan Transportation Authority (MTA) Long
Island Rail Road (LIRR) John D. Caemmerer Yard (aka ``Hudson Yards'').
The approximately 9.8-acre Platform will span the Western Rail Yard and
will include deep footings and a concrete slab to cover the active rail
yard below, and reinforced building foundations. Platform construction
also
[[Page 16521]]
includes the modernization of LIRR support services for the yard,
including new life-safety systems. The Tunnel Encasement in the Western
Rail Yard will start at the western edge of Eleventh Avenue and extend
underground to the northern edge of 30th Street.
FRA issued the draft environmental impact statement (EIS) on June
11, 2021, and the public comment period occurred between June 11, 2021
and July 26, 2021. FRA issued a combined Final EIS and Record of
Decision on November 22, 2021.
Project name and location: Livingston Avenue Bridge Replacement
Project, Albany and Rensselaer Counties, New York.
Project Summary: The project consists of replacing the Livingston
Avenue Bridge, which spans the Hudson River between the cities of
Albany and Rensselaer. The bridge was constructed in 1901-1903 on a
substructure that dates to the 1860s and is nearing the end of its
serviceable life. The project will completely replace the existing two-
track Livingston Avenue Bridge with a new two-track movable bridge
located parallel to, and approximately 50 feet south of, the existing
bridge. The project also includes a direct connection from the current
shared-use path to the Albany Skyway at the western terminus of the new
bridge as well as construction of a portion of the proposed Rensselaer
Riverfront Multi-Use Trail.
FRA issued the Draft Environmental Assessment (EA) for the Project
on May 9, 2022, and the public comment period occurred between May 9
and June 15, 2022. FRA issued a Finding of No Significant Impact
(FONSI) on October 31, 2022.
Project Name and location: Aberdeen Carolina & Western Railway
Congestion Mitigation Project, North Carolina.
Project Summary: The project consists of the construction of
siding, new storage track spurs, and a warehouse on a 66-acre property
located along Allen Station Road Mint Hill at the Mint Hill location;
new siding at the Midland location in Cabarrus County; storage track
spurs at the Aberdeen Carolina & Western Railway Headquarters in
Candor, North Carolina; and double-ended passing and storage siding at
the Samarcand and Eagle Springs location in Moore County. The purpose
of the project is to address congestion issues on the existing
railroad.
FRA issued the Draft EA on July 29, 2022, and the public comment
period occurred between July 29 and August 31, 2022. FRA issued a FONSI
on September 30, 2022.
Project name and location: Camp Hall Industrial Corridor Project,
Berkeley County, South Carolina.
Project Summary: The project consists of construction of a 22.7-
mile freight rail corridor from the Camp Hall Commerce Park in Berkeley
County, South Carolina, traveling north and east to a connection with
the CSX Transportation, Inc. (CSXT) rail network near the Santee Cooper
Cross Generating Station in Pineville, South Carolina. The purpose of
the project is to construct and operate an industrial rail line that
will connect an existing Class I rail line with the Camp Hall Commerce
Park. The need for the rail line derives from development in the Camp
Hall Commerce Park increasing the demand for rail service connecting
the park with an existing Class I rail network, in a manner that is
logistically feasible. The rail line will better serve the needs of
future park tenants and industry for transportation, distribution, and
logistics. In addition, the rail line will support infrastructure needs
in South Carolina and Berkeley County and will help alleviate highway
congestion involving large commercial trucks.
The Surface Transportation Board's Office of Environmental Analysis
(OEA) and U.S. Army Corps of Engineers (USACE) jointly issued the Draft
EA on November 30, 2018, with FRA serving as a cooperating agency, and
the public comment period occurred between November 30 and December 30,
2018. A Final EA was issued by OEA and USACE on April 30, 2019. FRA
issued a FONSI on January 3, 2023.
Project name and location: Atlanta to Charlotte Passenger Rail
Corridor Investment Plan (PRCIP).
Project Summary: The project consists of developing the Atlanta to
Charlotte portion of the Southeast High Speed Rail (SEHSR) Corridor
through the Atlanta to Charlotte Passenger Rail Corridor Investment
Plan. The plan identifies the Greenfield Corridor as the route for
further study and development. The Greenfield Corridor is a 274-mile
route that connects Charlotte, NC (Charlotte Gateway Station) and
Atlanta, GA (Hartsfield/Jackson Atlanta International Airport-H-JAIA)
and generally follows a new dedicated alignment between the Charlotte
airport and northeast Atlanta.
The purpose of the PRCIP is to help determine future transportation
investments of vital importance to all people who live, work, and
travel in the Atlanta to Charlotte corridor.
FRA issued the draft Tier I environmental impact statement (EIS) on
September 20, 2019, and the public comment period occurred between
September 20, 2019 and November 4, 2019. FRA issued a combined Final
EIS and Record of Decision on June 30, 2021.
Project name and location: Walk Bridge Replacement Project,
Norwalk, Connecticut.
Project Summary: The project consists of removing the existing
railroad bridge structure and replacing it with two side-by-side 240-
foot open-deck through truss vertical lift spans across the Norwalk
River as well as other improvements within and outside the New Haven
Line right-of-way (ROW) such as track and ballast replacement and
construction of a new retaining wall. Each new bridge span would have
separate mechanical and electrical equipment and controls so that each
span can work independently of the other, or in unison as needed.
Additionally, the Project involves improvements outside the railroad
ROW in the vicinity of the existing bridge, including construction of a
pedestrian/bicycle trail connection to the Norwalk River Valley Trail's
Harbor Loop Trail in East Norwalk.
In August 2016, the Federal Transit Administration (FTA), prepared
an EA for the project. FRA was a Cooperating Agency in the development
of the EA. FRA approved its own FONSI for the Project on April 28,
2022.
Authority: 49 U.S.C. 24201(a)(4) and 23 U.S.C. 139(l)(1).
Issued in Washington, DC.
Marlys Ann Osterhues,
Director, Office of Environmental Program Management.
[FR Doc. 2023-05431 Filed 3-16-23; 8:45 am]
BILLING CODE 4910-06-P