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

Peter W. Osborn
Federal Highway Administration
January 22, 2016

[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; 
Peter.Osborn@dot.gov. 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]
 BILLING CODE 4910-RY-P