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Notice of Limitation on Claims Against a Proposed Transportation Project

American Government Special Collections Reference Desk

American Government

Notice of Limitation on Claims Against a Proposed Transportation Project

Daniel M. Mathis
Federal Highway Administration
Lucy Garliauskas
Federal Transit Administration
December 10, 2015

[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Pages 76736-76737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31111]



Federal Highway Administration

Federal Transit Administration

Notice of Limitation on Claims Against a Proposed Transportation 

AGENCY: Federal Highway Administration (FHWA), Federal Transit 
Administration (FTA), Department of Transportation (DOT).

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and FTA.


SUMMARY: This notice announces final environmental actions taken by 
FHWA and FTA that are final within the meaning of Federal 
transportation law. The actions relate to a proposed transportation 
project, the Seattle Multimodal Terminal at Colman Dock Project, 
located in the City of Seattle, Washington. Those actions grant 
licenses, permits, and approvals for the project.

DATES: By this notice, FHWA and FTA are advising the public of final 
agency actions subject to 23 U.S.C. 139(l). A claim seeking judicial 
review of the Federal agency actions announced herein for the listed 
transportation project will be barred unless the claim is filed on or 
before May 9, 2016.

FOR FURTHER INFORMATION CONTACT: Lindsey Handel, Urban Area Engineer, 
FHWA at (360) 753-9550, lindsey.handel@dot.gov; Nancy-Ellen Zusman, 
Assistant Chief Counsel, Office of Chief Counsel, FTA at (312) 353-
2577, nancyellen.zusman@dot.gov; or Terence Plaskon, Environmental 
Protection Specialist, Office of

[[Page 76737]]

Environmental Programs, FTA at (202) 366-0442, terence.plaskon@dot.gov. 
FHWA's Washington Division office is located at 711 South Capitol Way, 
Suite 501, Olympia, WA 98501. FTA is located at 1200 New Jersey Avenue 
SE., Washington, DC 20590. FHWA office hours are 8:00 a.m. to 4:00 
p.m., p.t., and FTA office hours are from 9:00 a.m. to 5:30 p.m., e.t.. 
Marsha Tolon, Washington State Department of Transportation (WSDOT), at 
(206) 805-2866, tolonm@wsdot.wa.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and FTA 
have taken final agency actions by issuing a Finding of No Significant 
Impact (FONSI) for the Seattle Multimodal Terminal at Colman Dock 
Project in Seattle, Washington.
    Federal Lead Agencies: FHWA and FTA.
    Project sponsor: WSDOT.
    Project description: The proposed project will replace the aging 
and seismically vulnerable components of the Seattle Ferry Terminal at 
Colman Dock in order to maintain ferry service in the future. The WSDOT 
operates the Seattle Ferry Terminal. Colman Dock is located on Pier 52, 
along the central waterfront of downtown Seattle, Washington. Key 
elements of the Seattle Ferry Terminal Project include: Replacing and 
re-configuring the timber trestle portion of the dock; replacing the 
main terminal building; reconfiguring the dock layout to provide safer 
and more efficient operations; replacing the vehicle transfer span and 
the overhead loading structures of Slip 3; maintaining a connection to 
the Marion Street pedestrian overpass; and replacing the King County-
operated passenger-only ferry facility on the southern edge of Colman 
    Final agency actions: Determination that there is no use of Section 
4(f) resources; Section 106 finding of no adverse effect; project-level 
air quality conformity; and FONSI, dated November 5, 2015. Supporting 
documentation: Environmental Assessment (EA) dated April 2, 2014.
    The EA and FONSI can be viewed and downloaded from the project Web 
site at http://www.wsdot.wa.gov/projects/ferries/colmanmultimodalterminal/ or viewed at the Seattle, King County, and 
Kitsap Public Libraries. This notice applies to all FHWA and 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 those arising under the following laws, as amended:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4351]; Federal-Aid Highway Act [23 U.S.C. 109]; the Federal transit 
statutes [49 U.S.C. Chapter 53].
    2. Air: Clean Air Act, as amended [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]; Landscaping and Scenic Enhancement (Wildflowers) 
[23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Magnuson-Stevenson 
Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 
1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archaeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archaeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act [25 
U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act [7 U.S.C. 4201-4209]; the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, as amended [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Coastal Zone Management 
Act [16 U.S.C. 1451-1465]; Land and Water Conservation Fund [16 U.S.C. 
4601-4604]; Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)]; 
Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; TEA-21 Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster 
Protection Act [42 U.S.C. 4001-4128].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [PL 99-499]; Resource 
Conservation and Recovery Act [42 U.S.C. 6901-6992(k)].
    9. 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; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species. (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.) Nothing in this notice creates a cause of action 
under these Executive Orders.
    This notice does not, however, alter or extend the limitation 
period for challenges of project decisions subject to previous notices 
published in the Federal Register.

    Authority:  23 U.S.C. 139

    Issued on: December 1, 2015.
Daniel M. Mathis,
Division Administrator, FHWA, Olympia, Washington.
Lucy Garliauskas,
Associate Administrator, Planning and Environment, FTA, Washington, DC.
[FR Doc. 2015-31111 Filed 12-9-15; 8:45 am]

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