Notice2023-17495

Limitation on Claims Against Proposed Public Transportation Projects-East Campus Expansion Project, Metra UP North Rebuild: Fullerton to Addison Project and Silver Line Project

Primary source

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Published
August 15, 2023

Issuing agencies

Transportation DepartmentFederal Transit Administration

Abstract

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) regarding the three projects: East Campus Expansion Project, Indianapolis, Marion County, Indiana; Metra UP North Rebuild: Fullerton to Addison Project, Chicago, Cook County, Illinois; and Silver Line Project, Tarrant, Dallas and Collin Counties, Texas. The purpose of this notice is to publicly announce FTA's environmental decisions on the subject projects, and to activate the limitation on any claims that may challenge these final environmental actions.

Full Text

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<title>Federal Register, Volume 88 Issue 156 (Tuesday, August 15, 2023)</title>
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[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55500-55501]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17495]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Limitation on Claims Against Proposed Public Transportation 
Projects--East Campus Expansion Project, Metra UP North Rebuild: 
Fullerton to Addison Project and Silver Line Project

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

ACTION: Notice.

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SUMMARY: This notice announces final environmental actions taken by the 
Federal Transit Administration (FTA) regarding the three projects: East 
Campus Expansion Project, Indianapolis, Marion County, Indiana; Metra 
UP North Rebuild: Fullerton to Addison Project, Chicago, Cook County, 
Illinois; and Silver Line Project, Tarrant, Dallas and Collin Counties, 
Texas. The purpose of this notice is to publicly announce FTA's 
environmental decisions on the subject projects, and to activate the 
limitation on any claims that may challenge these final environmental 
actions.

DATES: 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 January 12, 2024.

FOR FURTHER INFORMATION CONTACT: Kathryn Loster, Assistant Chief 
Counsel, Office of Chief Counsel, (312) 705-1269, or Saadat Khan, 
Environmental Protection Specialist, Office of Environmental Programs, 
(202) 366-9647. 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 subject to 23 U.S.C. 139(l) 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 files 
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 <a href="https://www.transit.dot.gov">https://www.transit.dot.gov</a>.
    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 (49 U.S.C. 303), Section 106 of 
the National Historic Preservation Act (54 U.S.C. 306108),

[[Page 55501]]

Endangered Species Act (16 U.S.C. 1531), Clean Water Act (33 U.S.C. 
1251), Uniform Relocation and Real Property Acquisition Policies Act 
(42 U.S.C. 4601), 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 follow:
    1. Project name and location: East Campus Expansion, Indianapolis, 
Marion County, Indiana. Project Sponsor: Indianapolis Public 
Transportation Corporation (IndyGo), Indianapolis, Indiana. Project 
description: The East Campus Expansion project (Project) involves a 
real estate acquisition of a property (9625 East 33rd Street) by IndyGo 
located immediately adjacent to the Existing East Campus (9503 East 
33rd Street). The Project will expand the Existing East Campus to 
provide capacity to meet current and future fleet needs, and to provide 
operational efficiencies for further implementing the Marion County 
Transit Plan. The Project includes a fleet terminal, operations center, 
maintenance facility, and a bus operator training track. The Project 
also involves construction of expanded surface parking for staff, 
meeting the American with Disabilities Act (ADA) standards, and 
associated infrastructure improvements.
    Final agency actions: Section 106 No Historic Properties Affected 
determination dated March 13, 2023, and determination of the 
applicability of a categorical exclusion pursuant to 23 CFR 771.118(d), 
dated June 12, 2023. Supporting documentation: Documented Categorical 
Exclusion (CE) and supporting materials, dated May 22, 2023. The CE and 
associated documents can be viewed and downloaded from: <a href="https://www.indygo.net/projects/">https://www.indygo.net/projects/</a>.
    2. Project name and location: Metra UP North Rebuild: Fullerton to 
Addison, Chicago, Cook County, Illinois. Project Sponsor: Northeast 
Illinois Regional Commuter Railroad Company (Metra), Chicago, Illinois. 
Project description: The Metra UP North Rebuild: Fullerton to Addison 
Project (Project) along Metra's Union Pacific North Line will modernize 
a stretch of commuter rail line in the city of Chicago. The Project 
involves replacement of eleven (11) 120-year-old railroad bridges from 
Fullerton Avenue to Cornelia Avenue, including many retaining walls. 
The Project will shift tracks west between Fullerton Avenue and Addison 
Street to align with the existing tracks north and south of the Project 
area and the Roscoe Street and Cornelia Avenue will be lowered to 
maintain current clearance under the roadway and the Chicago Transit 
Authority Brown Line. The Project will also refurbish (including 
painting) the existing Lincoln/Addison bridge and include some utility 
work along the Project corridor.
    Final agency actions: Section 106 No Adverse Effect determination 
dated July 15, 2022, and determination of the applicability of a 
categorical exclusion pursuant to 23 CFR 771.118(d), dated June 21, 
2023. Supporting documentation: Documented Categorical Exclusion (CE) 
and supporting materials, dated May 1, 2023. The CE and associated 
documents can be viewed and downloaded from: <a href="https://www.metra.com/UPNrebuild#Project_UpdateJuly_2023">https://www.metra.com/UPNrebuild#Project_UpdateJuly_2023</a>.
    3. Project name and location: Silver Line Project (Project), 
Tarrant, Dallas and Collin Counties, Texas. Project Sponsor: Dallas 
Area Rapid Transit (DART), Dallas, Texas. Project description: The 
project consists of a 26-mile double-track regional commuter rail line 
extending from Dallas-Fort Worth International (DFW) Airport to Shiloh 
Road in Plano. The alignment traverses seven cities: Grapevine, 
Coppell, Dallas, Carrollton, Addison, Richardson, and Plano. FTA issued 
a combined Final Environmental Impact Statement (FEIS) and Record of 
Decision (ROD) on November 9, 2018, for the project. Subsequently, FTA 
published a notice of limitation on claims against the project on March 
19, 2019, per 23 U.S.C. 139(l). Since then, FTA has completed a series 
of re-evaluations of the project to address changes resulting from 
design modifications and stakeholder coordination. FTA also published a 
notice of limitation on claims against the project on November 18, 
2022, per 23 U.S.C. 139(l) for memoranda to file phases A to E. This 
notice only applies to the discrete actions taken by FTA under the re-
evaluations for phases F, G, and H, as described below.
    Final agency actions: FTA determined for each re-evaluation that 
neither a Supplemental Environmental Impact Statement nor a 
Supplemental Environmental Assessment is necessary, and the November 
2018 FEIS/ROD remains valid. Supporting documentation: Memorandum to 
File Phase F, concerning the Shiloh Road Layover Facility and the US 
Brass Avoidance Alignment, dated January 6, 2023; Memorandum to File 
Phase G, concerning the Custer Parkway Grade Separation Change and the 
Jupiter Road Grade Separation, dated January 27, 2023; and Memorandum 
to File Phase H, concerning the Final Coit Road Design, dated July 14, 
2023. All supporting documentation can be viewed and downloaded from: 
<a href="https://www.dart.org/about/expansion/silverline.asp">https://www.dart.org/about/expansion/silverline.asp</a>.
    Authority: 23 U.S.C. 139(l)(1).

Megan Blum,
Supervisory Environmental Protection Specialist.
[FR Doc. 2023-17495 Filed 8-14-23; 8:45 am]
BILLING CODE 4910-57-P


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Indexed from Federal Register on August 15, 2023.

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