[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3858-3859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00687]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Transportation
Project in and Between the States of New York and New Jersey: Cross
Harbor Freight Program, Tier 1 Final Environmental Impact Statement
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (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 and other
Federal Agencies that are final within the meaning of 23 U.S.C.
139(I)(1). The actions relate to the Cross Harbor Freight Program
(CHFP) Tier I Final Environmental Impact Statement (Tier I FEIS), and
consist of the issuance by FHWA of a record of decision (ROD), dated
December 9, 2015, with respect to the Tier I FEIS . The Federal
actions, taken as a result of a tiered environmental review process
under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321-
4351) and implementing regulations on tiering (40 CFR 1502.20, 40 CFR
1508.28, and 23 CFR part 771), determined certain issues relating to
the proposed projects. Those Tier 1 decisions will be used by Federal
agencies in subsequent proceedings, including decisions whether to
grant licenses, permits, and approvals for highway, rail, and transit
projects. Tier 1 decisions may also be relied upon by State and local
agencies in proceedings on the proposed projects.
DATES: By this notice, the FHWA is advising the public that it has made
decisions that are subject to 23 U.S.C. 139(l)(1) and are final within
the meaning of that law. A claim seeking judicial review of the Tier 1
Federal agency decisions on the proposed highway, rail, and transit
projects will be barred unless the claim is filed on or before June 20,
2016.
FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Peter W. Osborn,
Division Administrator, Federal Highway Administration, Leo W. O'Brien
Federal Building, Albany, New York 12207; telephone (518) 431-4127;
[email protected]. FHWA New York Division Office's normal business
hours are 7:30 a.m. to 4:00 p.m., e.t.
SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has
issued a Tier 1 FEIS and an ROD in connection with the proposed CHFP
that aims to improve the movement of goods in the greater New York/New
Jersey region by enhancing the transportation of freight across New
York Harbor (Harbor). As part of the CHFP, FHWA and the Port Authority
of New York and New Jersey (PANYNJ) are undertaking a tiered
environmental impact statement process, pursuant to the NEPA, which
studies the goods movement system serving the region today, and
considers how that system could be improved through various
alternatives for the transportation of freight across the Harbor.
Tier I broadly examined the potential transportation and
environmental effects from a range of alternatives, with the goal of
selecting those alternative(s) for further study and potential
implementation.
FHWA and the PANYNJ issued a Tier I Draft Environmental Impact
Statement (Tier I DEIS) in November 2014 for public review and comment.
The Tier I DEIS analyzed 10 Build Alternatives and a No Action
Alternative. The project team used a variety of forums to engage
stakeholders and solicit public comment on the Tier I DEIS, including
scoping meetings; public hearings; briefings for elected officials,
community groups, business, environmental, and transportation
advocates, and other stakeholders; workshops for Federal, State, and
local government agencies having regulatory jurisdiction over, or
expertise with respect to, the Alternatives under review; a project Web
site; and informational materials made available in English, Chinese,
Spanish, and Yiddish.
Based on the findings in the Tier I DEIS, and in consideration of
the written and oral comments received from the public, FHWA and PANYNJ
issued a Tier I FEIS in September 2015, which included a Response to
Comments chapter, and identified two of the Build Alternatives (the
Enhanced Carfloat Alternative and the Rail Tunnel Alternative) as
Preferred Alternatives that are recommended for more detailed, site-
specific review and analysis in a Tier II level of study.
As Federal lead agency, FHWA issued a ROD on December 9, 2015,
adopting the recommendations made in the Tier I FEIS and closing out
Tier I of the study. It is important to note that neither the Tier I
FEIS, nor the ROD, constitute a decision to implement any of the
Alternatives that have been advanced for further consideration.
The actions by FHWA and the laws under which such actions were
taken, are described in the Tier I FEIS, the ROD issued on December 9,
2015, and in other documents in the FHWA administrative record. The
Tier I FEIS, the ROD, and other documents in the FHWA administrative
record file are available by contacting FHWA at the address provided
above. The Tier I FEIS and the ROD can be viewed and downloaded from
the project Web site at www.crossharborstudy.com.
This notice applies to all Federal agency Tier 1 decisions that are
final within the meaning of 23 U.S.C. 139(l)(1) 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 and 23 U.S.C. 128).
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 and 23 U.S.C. 138).
4. Wildlife: Endangered Species Act (16 U.S.C. 1532-1544 and
Section 1536); Fish and Wildlife Coordination Act (16 U.S.C. 661-
667(d)); and Migratory Bird Treaty Act (16 U.S.C. 703-712).
5. Wetlands and Water Resources: Safe Drinking Water Act (42 U.S.C.
300(f)-300(j)(6)); Wild and Scenic Rivers Act (16 U.S.C. 1271-1287);
and Wetlands Mitigation (23 U.S.C. 103(b)(6)(M) and 133(b)(11)).
6. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470(f) et
seq).
7. Social and Economic: Civil Rights Act of 1964 (42 U.S.C.
2000(d)-2001(d)(1)); and American Indian Religious Freedom Act (42
U.S.C. 1966).
8. 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; and E.O. 11514 Protection and Enhancement of Environmental
Quality.
9. Hazardous Materials: Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601-9675);
Superfund Amendments and
[[Page 3859]]
Reauthorization Act of 1986 (SARA); and Resource Conservation and
Recovery Act (RCRA) (42 U.S.C. 6901-6992(k)).
(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(I)(1).
Issued on: December 9, 2015.
Peter W. Osborn,
Division Administrator, Albany, New York.
[FR Doc. 2016-00687 Filed 1-21-16; 8:45 am]
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