[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Page 65756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25972]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Limitation on Claims Against Proposed Public Transportation
Projects
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice.
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SUMMARY: This notice announces final environmental actions taken by the
Federal Transit Administration (FTA) for a project in Honolulu, HI. The
purpose of this notice is to announce publicly the environmental
decisions by FTA on the subject project and to activate the limitation
on any claims that may challenge these final environmental actions.
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 the FTA actions announced
herein for the listed public transportation project will be barred
unless the claim is filed on or before March 31, 2014.
FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief
Counsel, Office of Chief Counsel, (312) 353-2577 or Terence Plaskon,
Environmental Protection Specialist, Office of Human and Natural
Environment, (202) 366-0442. FTA is located at 1200 New Jersey Avenue
SE., Washington, DC 20590. Office hours are from 9:00 a.m. to 5:30
p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: Notice is hereby given that FTA has taken
final agency actions by issuing certain approvals for the public
transportation project listed below. The actions on the project, as
well as the laws under which such actions were taken, are 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 relevant FTA Regional Office
for more information on the project. Contact information for FTA's
Regional Offices may be found at http://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
actions were taken, including, but not limited to, NEPA [42 U.S.C.
4321-4375] and Section 4(f) of the Department of Transportation Act of
1966 [49 U.S.C. 303]. This notice does not alter or extend the
limitation period for challenges of project decisions subject to
previous notices for the Honolulu High-Capacity Transit Corridor
Project published in the Federal Register. The project and actions that
are the subject of this notice are:
Project name and location: Honolulu Rail Transit Project, City and
County of Honolulu, O'ahu, HI. Project sponsor: Honolulu Authority for
Rapid Transportation (HART). Project description: The Honolulu Rail
Transit Project (Project) is a 20-mile grade-separated, fixed-guideway
rail transit project that extends from Kapolei to Ala Moana Center, via
the Honolulu waterfront. In June 2010, the FTA and City and County of
Honolulu (City) prepared and distributed a Final Environmental Impact
Statement/Section 4(f) Evaluation [EIS/4(f)] for the Project, which was
then called the Honolulu High-Capacity Transit Corridor Project. The
Final EIS/4(f) identified environmental impacts and mitigations for the
Project, including the use of properties protected under Section 4(f)
of the Department of Transportation Act. In January 2011, the FTA
issued a Record of Decision (ROD) for the Project. Subsequently, the
FEIS and ROD were challenged in federal court. On November 1, 2012, the
Court issued a Judgment and Partial Injunction Order (Judgment) of the
United States District Court for the District of Hawai`i (Court) in
HonoluluTraffic.com et al. v. Federal Transit Administration et al.,
2012 WL 5386595 (D. Haw. 2012). Pursuant to that decision, the FTA
prepared additional analysis for the Project. The FTA prepared a draft
version and final version Supplemental EIS/4(f). The Supplemental EIS/
4(f) was limited in its scope. Thus, the FTA issued the Final
Supplemental EIS/Section 4(f) concurrently with an Amended ROD per
Public Law 112-141, 126 Stat. 405, Section 1319(b). This notice only
applies to the discrete actions taken by the FTA at this time. Nothing
in this notice affects the FTA's previous decisions, or notice thereof,
for this project. Final agency actions: Section 4(f) determination and
Amended Record of Decision, dated September 30, 2013. Supporting
documentation: Final Supplemental Environmental Impact Statement/
Section 4(f) Evaluation, dated September 30, 2013.
Lucy Garliauskas,
Associate Administrator for Planning and Environment.
[FR Doc. 2013-25972 Filed 10-31-13; 8:45 am]
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