[Federal Register Volume 89, Number 36 (Thursday, February 22, 2024)]
[Notices]
[Pages 13396-13397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03634]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the NYS Route 33 
Kensington Expressway Project, City of Buffalo, Erie County, New York

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 action taken by FHWA and other Federal 
Agencies that are final. The actions relate to the NYS Route 33 
Kensington Expressway Project located in the city of Buffalo, Erie 
County, New York.

DATES: By this notice, 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 July 22, 2024. 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: Richard J. Marquis, Division 
Administrator, Federal Highway Administration, Leo W. O'Brien Federal 
Building, 11A Clinton Avenue, Suite 952, Albany, New York 12207, 
Telephone (518) 431-4127.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal Agencies have taken final Agency actions by issuing approvals 
for the following highway project in the State of New York: NYS Route 
33 Kensington Expressway Project, City of Buffalo, Erie County, New 
York. The purpose of the Project is to reconnect the community 
surrounding the defined transportation corridor and improve the 
compatibility of the corridor with the adjacent land uses, while 
addressing the geometric, infrastructure, and multi-modal needs within 
the corridor in its current location.
    The following objectives have been established to further define 
the Project purpose:
     Reconnect the surrounding community by creating continuous 
greenspace to enhance the visual and aesthetic environment of the 
transportation corridor.
     Maintain the vehicular capacity of the existing 
transportation corridor.
     Improve vehicular, pedestrian, and bicycle mobility and 
access in the surrounding community by implementing Complete Street2 
roadway design features; and
     Address identified geometric and infrastructure 
deficiencies within the transportation corridor.
    The actions by the Federal Agencies, and the laws under which such 
actions were taken, are described in the FHWA Final Design Report/
Environmental Assessment (FDR/EA) for the project, signed February 16, 
2024, in the Finding of No Significant Impact (FONSI) for the project, 
issued on February 16, 2024, and in other documents in the FHWA 
administrative record. The FDR/EA, FONSI, and other documents in the 
FHWA administrative record files are available by contacting FHWA at 
the

[[Page 13397]]

address provided above. The FDR/EA and FONSI can also be viewed and 
downloaded from the project website at: http://kensingtonexpressway.dot.ny.gov.
    This notice applies to FHWA 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. National Environmental Policy Act [42 U.S.C. 4321-4351].
2. Federal-Aid Highway Act [23 U.S.C. 109].
3. Clean Air Act [42 U.S.C. 7401-7671(q)].
4. Section 4(f) of the Department of Transportation Act of 1966 [49 
U.S.C. 303].
5. Endangered Species Act [16 U.S.C. 1531-1544 and 1536].
6. Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)].
7. Migratory Bird Treaty Act [16 U.S.C. 703-712].
8. Bald and Golden Eagle Protection Act [16 U.S.C. 668-668c].
9. Section 106 of the National Historic Preservation Act of 1966, as 
amended [16 U.S.C. 470].
10. Farmland Protection Policy Act [7 U.S.C. 4201-4209].
11. Clean Water Act (Section 319, Section 401, Section 402, Section 
404) [33 U.S.C. 1251-1377].
12. Safe Drinking Water Act [42 U.S.C. 300(f) et seq.].
13. Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 [42 U.S.C. 4601 et seq.].
14. Noise Control Act of 1972 [42 U.S.C. 4901 et seq.].
15. Resource Conservation and Recovery Act [42 U.S.C. 6901-6992(k)].
16. Comprehensive Environmental Response, Compensation, and 
Liability Act [42 U.S.C. 9601-9675].
17. Americans with Disabilities Act of 1990 [42 U.S.C. 12101].
18. Executive Order 11990 Protection of Wetlands.
19. Executive Order 11988 Floodplain Management.
20. Executive Order 12898 Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations.
21. Executive Order 11593 Protection and Enhancement of Cultural 
Resources.
22. Executive Order 13007 Indian Sacred Sites.
23. Executive Order 13287 Preserve America.
24. Executive Order 13175 Consultation and Coordination with Indian 
Tribal Governments.
25. Executive Order 11514 Protection and Enhancement of 
Environmental Quality.
26. Executive Order 13112 Invasive Species.
27. Executive Order 13166 Improving Access to Services for Persons 
with Limited English Proficiency.

(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))

Richard J. Marquis,
Division Administrator, Albany, NY.
[FR Doc. 2024-03634 Filed 2-21-24; 8:45 am]
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