[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Pages 76597-76598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31288]



Federal Transit Administration

Limitation on Claims against Proposed Public Transportation 

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.


SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) for the Dulles Corridor Metrorail 
Project, Phase 2 Preliminary Engineering Design Refinements, Fairfax 
and Loudoun Counties, VA. 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 May 27, 2013.

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 this 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 projects. 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], 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

[[Page 76598]]

Register. The project and actions that are the subject of this notice 
    Project name and location: Dulles Corridor Metrorail Project, Phase 
2 Preliminary Engineering Design Refinements, Fairfax and Loudoun 
Counties, VA. Project sponsor: Metropolitan Washington Airports 
Authority (Airports Authority). Project description: The Airports 
Authority is proposing to construct the second phase of the Dulles 
Corridor Metrorail Project (Project), a two-phase extension of the 
Washington Metropolitan Area Transit Authority (WMATA) Metrorail system 
to the Washington Dulles International Airport in Loudoun County, VA. 
The FTA and the Airports Authority originally evaluated the Project 
through a Final Environmental Impact Statement (FEIS) in December 2004. 
The FTA and the Airports Authority, as joint lead agencies, and the 
Federal Aviation Administration, as a cooperating agency, evaluated the 
potential environmental and socioeconomic effects from design 
refinements for Phase 2 of the Project in an Environmental Assessment 
(EA) in May 2012. The Phase 2 design refinements are the result of 
preliminary engineering performed following publication of the FEIS and 
issuance of an Amended Record of Decision for the Project by FTA in 
November 2006. The Phase 2 design refinements included changes to 
parking facilities, side station facilities, ancillary facilities, and 
relocation of the Dulles International Airport Station from below to 
above ground. This action is on the December 2012 Finding of No 
Significant Impact. Nothing in this notice affects FTA's previous 
decisions, or notice thereof, for this project. More specifically, the 
statute of limitations for the approvals documented in the project's 
November 17, 2006 Amended Record of Decision and the environmental 
documents on which it is based expired on June 4, 2007, as noticed in 
the Federal Register on December 4, 2006 (71 FR 70449). This notice 
only applies to the discrete actions taken by FTA at this time, as 
described below. Final agency actions: Section 4(f) determination; a 
Section 106 revised Memorandum of Agreement; and Finding of No 
Significant Impact (FONSI), dated December 17, 2012. Supporting 
documentation: Environmental Assessment, dated May 2012.

    Issued on: --December 20, 2012.
Lucy Garliauskas,
Associate Administrator for Planning and Environment Washington, DC.
[FR Doc. 2012-31288 Filed 12-27-12; 8:45 am]