Notice2023-13709
Notice of Final Federal Agency Actions on the Central Business District Tolling Program, New York, New York
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 28, 2023
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
This notice announces action taken by FHWA and other Federal agencies that are final. The actions relate to the Central Business District Tolling Program in New York, New York.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 123 (Wednesday, June 28, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41998-41999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13709]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on the Central Business
District Tolling Program, New York, New York
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of limitation on claims for judicial review of actions
by FHWA and other Federal agencies.
-----------------------------------------------------------------------
SUMMARY: This notice announces action taken by FHWA and other Federal
agencies that are final. The actions relate to the Central Business
District Tolling Program in New York, New York.
DATES: By this notice, FHWA is advising the public of final agency
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review
of the Federal agency actions on the highway project will be barred
unless the claim is filed on or before November 27, 2023. If the
Federal law that authorizes judicial review of a claim provides a time
period of less than 150 days for filing such claim, then that shorter
time period still applies.
FOR FURTHER INFORMATION CONTACT: Richard J. Marquis, Division
Administrator, Federal Highway Administration, Leo W. O'Brien Federal
Building, 11A Clinton Avenue, Suite 719, Albany, New York 12207,
Telephone (518) 431-4127.
SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other
Federal agencies have taken final agency actions by issuing approvals
for the following highway project in the State of New York: Central
Business District Tolling Program, New York, New York. The Project
purpose is to reduce traffic congestion in the Manhattan Central
Business District in a manner that will generate revenue for future
transportation improvements, pursuant to acceptance into FHWA's Value
Pilot Pricing Program.
The objectives of the Project are to:
<bullet> Reduce daily vehicle-miles traveled (VMT) within the
Manhattan Central Business District by at least 5 percent.
<bullet> Reduce the number of vehicles entering the Manhattan CBD
daily by at least 10 percent.
<bullet> Create a funding source for capital improvements and
generate sufficient annual net revenues to fund $15 billion for capital
projects for the MTA Capital Program.
<bullet> Establish a tolling program consistent with the purposes
underlying the New York State legislation entitled the MTA Reform and
Traffic Mobility Act.
The actions by the Federal agencies, and the laws under which such
actions were taken, are described in the FHWA Final Environmental
Assessment (EA) for the project, signed May 5, 2023, in the Finding of
No Significant Impact (FONSI) for the project, issued on June 23, 2023,
and in other documents in the FHWA administrative record. The Final EA,
FONSI, and other documents in the FHWA administrative record files are
available by contacting FHWA at the address provided above. The Final
EA and FONSI can also be viewed and downloaded from the project
website: <a href="https://new.mta.info/project/CBDTP">https://new.mta.info/project/CBDTP</a>.
This notice applies to FHWA agency decisions as of the issuance
date of this notice and all laws under which such actions were taken,
including but not limited to:
1. National Environmental Policy Act [42 U.S.C. 4321-4351].
2. Federal-Aid Highway Act [23 U.S.C. 109].
3. Clean Air Act [42 U.S.C. 7401-7671(q)].
4. Section 4(f) of the Department of Transportation Act of 1966 [49
U.S.C. 303].
[[Page 41999]]
5. Endangered Species Act [16 U.S.C. 1531-1544 and 1536].
6. Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)].
7. Migratory Bird Treaty Act [16 U.S.C. 703-712].
8. Bald and Golden Eagle Protection Act [16 U.S.C. 668-668c].
9. Section 106 of the National Historic Preservation Act of 1966,
as amended [16 U.S.C. 470].
10. Farmland Protection Policy Act [7 U.S.C. 4201-4209].
11. Clean Water Act (Section 319, Section 401, Section 402, Section
404) [33 U.S.C. 1251-1377].
12. Safe Drinking Water Act [42 U.S.C. 300(f) et seq.].
13. Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 [42 U.S.C. 4601 et seq.].
14. Noise Control Act of 1972 [42 U.S.C. 4901 et seq.].
15. Resource Conservation and Recovery Act [42 U.S.C. 6901-
6992(k)].
16. Comprehensive Environmental Response, Compensation, and
Liability Act [42 U.S.C. 9601-9675].
17. Americans with Disabilities Act of 1990 [42 U.S.C. 12101].
18. Executive Order 11990 Protection of Wetlands.
19. Executive Order 11988 Floodplain Management.
20. Executive Order 12898 Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations.
21. Executive Order 11593 Protection and Enhancement of Cultural
Resources.
22. Executive Order 13007 Indian Sacred Sites.
23. Executive Order 13287 Preserve America.
24. Executive Order 13175 Consultation and Coordination with Indian
Tribal Governments.
25. Executive Order 11514 Protection and Enhancement of
Environmental Quality.
26. Executive Order 13112 Invasive Species.
27. Executive Order 13166 Improving Access to Services for Persons
with Limited English Proficiency.
(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(l)(1).
Issued on: June 23, 2023.
Richard J. Marquis,
Division Administrator, Albany, NY.
[FR Doc. 2023-13709 Filed 6-27-23; 8:45 am]
BILLING CODE 4910-RY-P
</pre></body>
</html>Indexed from Federal Register on June 28, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.