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Limitation on Claims Against Proposed Public Transportation Projects

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Limitation on Claims Against Proposed Public Transportation Projects

Elizabeth S. Riklin
Federal Transit Administration
19 March 2019


[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Notices]
[Pages 10171-10172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05093]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Limitation on Claims Against Proposed Public Transportation 
Projects

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.

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SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) for projects in Tarrant, Dallas, 
and Collin Counties, Texas and Marion County, Indiana. 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 23 U.S.C. 139(l). A claim seeking judicial review of 
FTA actions announced herein for the listed public transportation 
projects will be barred unless the claim is filed on or before August 
16, 2019.

FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief 
Counsel, Office of Chief Counsel, (312) 353-2577 or Juliet Bochicchio, 
Environmental Protection Specialist, Office of Environmental Programs, 
(202) 366-9348. FTA is located at 1200 New Jersey Avenue SE, 
Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 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 projects listed below. The actions on the projects, as 
well as the laws under which such actions were taken, are described in 
the documentation issued in connection with the projects to comply with 
the National Environmental Policy Act (NEPA) and in other documents in 
the FTA environmental project file for the projects. Interested parties 
may contact either the project sponsor or the relevant FTA Regional 
Office for more information. Contact information for FTA's Regional 
Offices may be found at https://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, NEPA [42 U.S.C. 
4321-4375], Section 4(f) requirements [23 U.S.C. 138, 49 U.S.C. 303], 
Section 106 of the National Historic Preservation Act [54 U.S.C. 
306108], 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 
Register. The projects and actions that are the subject of this notice 
are:
    1. Project name and location. Cotton Belt Corridor Regional Rail 
Project, Tarrant, Dallas, and Collin Counties, Texas. Project Sponsor: 
Dallas Area Rapid Transit (DART). Project description: The project will 
provide a new 26-mile double-track regional commuter rail line 
extending from Dallas-Fort Worth International Airport (DFW Airport) 
Terminal B in Tarrant County to Shiloh Road in Plano, connecting with 
the existing DART Orange Line at DFW Airport, the Green Line in 
Carrollton, and the Red Line in the Plano/Richardson area. The commuter 
line will have 10 stations and will traverse through 3 counties in 
Texas: Tarrant, Dallas, and Collin; and 7 cities: Grapevine, Coppell, 
Dallas, Carrollton, Addison, Richardson, and Plano. The project 
includes a procurement of eight diesel multiple unit vehicles and 
construction of an equipment maintenance facility to store and maintain 
vehicles. Based on review of the Draft EIS and consideration of public 
and agency comments, FTA, as the lead agency, and FAA, as a cooperating 
agency, issued a combined FEIS/ROD for the Cotton Belt Corridor 
Regional Rail Project on November 9, 2018. Nothing in this notice 
affects FTA's previous decisions, or notice thereof, for this project. 
Final agency actions: Section 4(f) de minimis impact determination; 
Section 106 finding of

[[Page 10172]]

adverse effect and Memorandum of Agreement (MOA) dated September 25, 
2018; project-level air quality conformity; and Final Environmental 
Impact Statement/Record of Decision, dated November 9, 2018. Supporting 
documentation: Draft Environmental Impact Assessment for the Cotton 
Belt Corridor Regional Rail Project, dated April 10, 2018.
    2. Project name and location: The Purple Line Bus Rapid Transit 
Project, Marion County, Indiana. Project sponsor: The Indianapolis 
Public Transportation Corporation. Project description: The Purple Line 
Bus Rapid Transit Project will implement a mixed-traffic/dedicated lane 
Bus Rapid Transit (BRT) route that is part of a system-wide expansion 
of both local route and BRT services identified in the Marion County 
Transit Plan. The approximately 14.8-mile BRT route will serve northern 
and eastern Marion County, connecting the Julia M. Carson Transit 
Center in downtown Indianapolis with the Ivy Tech Community College in 
Lawrence. The Purple Line BRT system consists of 31 BRT stations, 
including 7 shared stations with the Red Line BRT, which will be 
constructed prior to the Purple Line BRT, as well as 23 new Purple Line 
stations. A potential 24th station location is being considered at Otis 
Avenue and Wheeler Road near the Lawrence terminus. Project 
infrastructure improvements include the construction of sidewalks, a 
new multi-use path along East 38th Street, drainage improvements, 
pavement replacement, new traffic signals, and a new multi-use path 
along the north side of East 38th Street between Tacoma and Sheridan 
Avenues. This notice only applies to the discrete actions taken by FTA 
at this time, as described below. Nothing in this notice affects FTA's 
previous decisions, or notice thereof, for this project. Final agency 
actions: Section 4(f) de minimis impact determination; Section 106 
finding of adverse effect and MOA dated February 7, 2019; project-level 
air quality conformity; and determination of the applicability of a 
Documented Categorical Exclusion pursuant to 23 CFR 771.118(d) dated 
February 22, 2019. Supporting documentation: Documented Categorical 
Exclusion checklist and supporting materials, dated February 2019.

Elizabeth S. Riklin,
Deputy Associate Administrator for Planning and Environment.
[FR Doc. 2019-05093 Filed 3-18-19; 8:45 am]
BILLING CODE P

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