[Federal Register: December 4, 2006 (Volume 71, Number 232)]
[Notices]               
[Page 70449-70450]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de06-101]                         

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

 
Notice of Limitation on Claims Against Proposed Public 
Transportation Projects

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of Limitation on Claims.

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SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) for public transportation projects 
in the following metropolitan areas: Brownsville, Texas; Chicago, 
Illinois; Dayton, Ohio; San Francisco, California; and Washington, DC. 
The purpose of this notice is to announce publicly the environmental 
decisions by FTA on the subject projects 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 Title 23 United States Code (USC) Sec.  139(l). A 
claim seeking judicial review of the FTA actions announced herein for 
the listed public transportation projects will be barred unless the 
claim is filed on or before June 4, 2007.

FOR FURTHER INFORMATION CONTACT: Joseph Ossi, Environmental Protection 
Specialist, Office of Planning and Environment, 202-366-1613, or 
Christopher Van Wyk, Office of Chief Counsel, 202-366-1733. FTA is 
located at 400 Seventh Street, SW., Washington, DC 20590. Office hours 
are from 9 a.m. to 5:30 p.m., e.t., 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 projects listed below. The actions on these projects, 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

[[Page 70450]]

in other documents in the FTA administrative record for the project. 
The final agency environmental decision documents--Records of Decision 
(RODs) or Findings of No Significant Impact (FONSIs)--for the listed 
projects are available online at http://www.fta.dot.gov/planning/environment/planning_environment_documents.html
 or may be obtained by 

contacting the FTA Regional Office for the metropolitan area where the 
project is located. Contact information for the FTA Regional Offices 
may be found at http://www.fta.dot.gov.

    This notice applies to all FTA decisions on the listed projects as 
of the issuance date of this notice and all laws under which such 
actions were taken, including, but not limited to, the National 
Environmental Policy Act (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].
    The projects and actions that are the subject of this notice are:
    1. Project name and location: Multimodal Terminal Facility; 
Brownsville, Texas. Project sponsors: City of Brownsville and the 
Brownsville Urban System (BUS). Project description: The project is the 
construction of a multimodal facility in the Brownsville central 
business district. The facility includes a bus terminal with bus bays 
and canopies, and automobile parking on a 5-acre site. Final agency 
action: FONSI issued August 21, 2006. Supporting documentation: Final 
Environmental Assessment: Multimodal Terminal Facility, August 2006.
    2. Project name and location: Long Lake Station Parking Expansion; 
metropolitan Chicago, Illinois. Project sponsor: Metra Commuter Rail. 
Project description: Construction of parking facilities at the existing 
Metra Commuter Rail Station in the Village of Round Lake in Illinois. 
Final agency action: FONSI issued on July 18, 2006. Supporting 
documentation: Environmental Assessment, June 2006.
    3. Project name and location: Market Street Plaza Improvement; 
Dayton, Ohio. Project sponsor: Greater Dayton Regional Transit 
Authority. Project description: The project is the construction of an 
off-street bus terminal and layover area on the block bounded by Third 
and Fourth streets, and Main and Jefferson streets in Dayton. The site 
is currently occupied by the vacant Admiral Benbow hotel building, 
which will be demolished. Final agency actions: FONSI issued on August 
1, 2006; Section 106 Finding of No Adverse Effect. Supporting 
documentation: Environmental Assessment, June 2006.
    4. Project name and location: BART Warm Springs Extension Project; 
metropolitan San Francisco, California. Project sponsors: San Francisco 
Bay Area Rapid Transit District (BART). Project description: This 
project is a 5.4-mile extension of the BART heavy rail system on the 
east side of San Francisco Bay from its current terminus at the Fremont 
Station in Fremont to a new station in Warm Springs. The extension will 
also include a new station at Irvington if sufficient funding is 
available. Final agency actions: ROD issued on October 24, 2006; 
Section 4(f) finding; Section 4(f) de minimis impact finding; Section 
106 Memorandum of Agreement; project-level Air Quality Conformity 
determination; consultation with the U.S. Department of the Interior 
(DOI) under Section 7 of the Endangered Species Act, resulting in DOI's 
issuance of a Biological Opinion. Supporting documentation: Final 
Environmental Impact Statement and Section 4(f) Evaluation: BART Warm 
Springs Extension issued on July 14, 2006.
    5. Project name and location: Dulles Corridor Metrorail Project; 
metropolitan Washington, DC. Project sponsors: Virginia Department of 
Rail and Public Transportation, Washington Metropolitan Area Transit 
Authority (WMATA), and Metropolitan Washington Airports Authority. 
Project description: The project is an extension of the Washington 
regional Metrorail system in Fairfax and Loudoun Counties, Virginia. It 
will include approximately 23 miles of electrically-powered rapid rail 
transit operating in exclusive right-of-way with at-grade, aerial, and 
subway sections, 11 new stations, parking facilities, new and improved 
yard and shop facilities, new rail vehicles, and related systems and 
equipment. The project has two phases with the first phase extending 
from the existing Metrorail Orange Line near the West Falls Church 
Station through Tysons Corner to a temporary terminus at Wiehle Avenue 
in Reston. The second phase of the project will extend west of Wiehle 
Avenue to Dulles International Airport and eastern Loudoun County. 
Between Tysons Corner and the Airport, the project is generally aligned 
in the median of the Dulles International Airport Access Highway. Final 
agency actions: Amended ROD issued on November 17, 2006; Section 4(f) 
finding; Section 106 Memorandum of Agreement; project-level Air Quality 
Conformity determination. Supporting documentation: Final Environmental 
Impact Statement issued on December 23, 2004; Environmental Assessment, 
February 2006.

     Issued on: November 28, 2006.
Brigid Hynes-Cherin,
Associate Administrator, for Planning and Environment, Washington, DC.
[FR Doc. E6-20390 Filed 12-1-06; 8:45 am]

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