[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Pages 16520-16521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05431]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Final Federal Agency Actions on Proposed Rail 
Transportation Projects

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice announces final environmental actions taken by the 
Federal Railroad Administration (FRA) that are final for the Western 
Rail Yard Infrastructure Project, Livingston Avenue Bridge Replacement 
Project, and the Aberdeen Carolina & Western Railway Congestion 
Mitigation Project. The purpose of this notice is to advise the public 
of the time limit to file any claims that may challenge these decisions 
and other Federal permits, licenses, and approvals for the Projects.

DATES: A claim seeking judicial review of Federal agency actions for 
the listed rail transportation projects will be barred unless the claim 
is filed on or before March 17, 2025. If the Federal law that 
authorizes judicial review of a claim provides a time period of less 
than two years for filing such claim, then the shorter time period 
applies.

FOR FURTHER INFORMATION CONTACT: For further information related to 
this notice, please contact Pauline Munz, Attorney-Adviser, Office of 
the Chief Counsel, 1200 New Jersey Avenue SE, W31-228, Washington, DC 
20590; telephone: 202-493-0558 or email: [email protected].

SUPPLEMENTARY INFORMATION: Notice is given that FRA has taken final 
agency action(s) by issuing certain approvals for the rail 
transportation project(s) listed below. The actions on the projects, as 
well as the laws under which such actions were taken, are described in 
the documentation issued for the projects to comply with the National 
Environmental Policy Act (NEPA) and related environmental laws.
    This notice applies to all Federal agency decisions on the listed 
project(s) as of the issuance date of this notice and all Federal laws 
under which such actions were taken, including but not limited to, NEPA 
(42 U.S.C. 4321-4375); section 4(f) (49 U.S.C. 303); section 106 of the 
National Historic Preservation Act (54 U.S.C. 306108); the Clean Air 
Act (42 U.S.C. 7401-7671q); the Endangered Species Act (16 U.S.C. 1531-
1544); the Clean Water Act (33 U.S.C. 1251) and relevant Executive 
Orders (E.O.) including, E.O. 11990 Protection of Wetlands, E.O. 11988 
Floodplain Management, E.O. 13112 Invasive Species, E.O. Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low Income Populations, and E.O. 13175 Consultation and Coordination 
with Indian Tribal Governments. This notice does not, however, alter or 
extend a shorter limitation period that may exist for challenges of 
project decisions covered by this notice. The projects that are the 
subject of this notice follow.
    Project name and location: Western Rail Yard Infrastructure 
Project, New York, New York.
    Project Summary: The project consists of construction and operation 
of: (1) a structural Platform (Platform); and (2) a railroad right-of-
way preservation Tunnel Encasement (Tunnel Encasement). The project 
will be located on the 13-acre Western Rail Yard site, located on the 
western half of the Metropolitan Transportation Authority (MTA) Long 
Island Rail Road (LIRR) John D. Caemmerer Yard (aka ``Hudson Yards''). 
The approximately 9.8-acre Platform will span the Western Rail Yard and 
will include deep footings and a concrete slab to cover the active rail 
yard below, and reinforced building foundations. Platform construction 
also

[[Page 16521]]

includes the modernization of LIRR support services for the yard, 
including new life-safety systems. The Tunnel Encasement in the Western 
Rail Yard will start at the western edge of Eleventh Avenue and extend 
underground to the northern edge of 30th Street.
    FRA issued the draft environmental impact statement (EIS) on June 
11, 2021, and the public comment period occurred between June 11, 2021 
and July 26, 2021. FRA issued a combined Final EIS and Record of 
Decision on November 22, 2021.
    Project name and location: Livingston Avenue Bridge Replacement 
Project, Albany and Rensselaer Counties, New York.
    Project Summary: The project consists of replacing the Livingston 
Avenue Bridge, which spans the Hudson River between the cities of 
Albany and Rensselaer. The bridge was constructed in 1901-1903 on a 
substructure that dates to the 1860s and is nearing the end of its 
serviceable life. The project will completely replace the existing two-
track Livingston Avenue Bridge with a new two-track movable bridge 
located parallel to, and approximately 50 feet south of, the existing 
bridge. The project also includes a direct connection from the current 
shared-use path to the Albany Skyway at the western terminus of the new 
bridge as well as construction of a portion of the proposed Rensselaer 
Riverfront Multi-Use Trail.
    FRA issued the Draft Environmental Assessment (EA) for the Project 
on May 9, 2022, and the public comment period occurred between May 9 
and June 15, 2022. FRA issued a Finding of No Significant Impact 
(FONSI) on October 31, 2022.
    Project Name and location: Aberdeen Carolina & Western Railway 
Congestion Mitigation Project, North Carolina.
    Project Summary: The project consists of the construction of 
siding, new storage track spurs, and a warehouse on a 66-acre property 
located along Allen Station Road Mint Hill at the Mint Hill location; 
new siding at the Midland location in Cabarrus County; storage track 
spurs at the Aberdeen Carolina & Western Railway Headquarters in 
Candor, North Carolina; and double-ended passing and storage siding at 
the Samarcand and Eagle Springs location in Moore County. The purpose 
of the project is to address congestion issues on the existing 
railroad.
    FRA issued the Draft EA on July 29, 2022, and the public comment 
period occurred between July 29 and August 31, 2022. FRA issued a FONSI 
on September 30, 2022.
    Project name and location: Camp Hall Industrial Corridor Project, 
Berkeley County, South Carolina.
    Project Summary: The project consists of construction of a 22.7-
mile freight rail corridor from the Camp Hall Commerce Park in Berkeley 
County, South Carolina, traveling north and east to a connection with 
the CSX Transportation, Inc. (CSXT) rail network near the Santee Cooper 
Cross Generating Station in Pineville, South Carolina. The purpose of 
the project is to construct and operate an industrial rail line that 
will connect an existing Class I rail line with the Camp Hall Commerce 
Park. The need for the rail line derives from development in the Camp 
Hall Commerce Park increasing the demand for rail service connecting 
the park with an existing Class I rail network, in a manner that is 
logistically feasible. The rail line will better serve the needs of 
future park tenants and industry for transportation, distribution, and 
logistics. In addition, the rail line will support infrastructure needs 
in South Carolina and Berkeley County and will help alleviate highway 
congestion involving large commercial trucks.
    The Surface Transportation Board's Office of Environmental Analysis 
(OEA) and U.S. Army Corps of Engineers (USACE) jointly issued the Draft 
EA on November 30, 2018, with FRA serving as a cooperating agency, and 
the public comment period occurred between November 30 and December 30, 
2018. A Final EA was issued by OEA and USACE on April 30, 2019. FRA 
issued a FONSI on January 3, 2023.
    Project name and location: Atlanta to Charlotte Passenger Rail 
Corridor Investment Plan (PRCIP).
    Project Summary: The project consists of developing the Atlanta to 
Charlotte portion of the Southeast High Speed Rail (SEHSR) Corridor 
through the Atlanta to Charlotte Passenger Rail Corridor Investment 
Plan. The plan identifies the Greenfield Corridor as the route for 
further study and development. The Greenfield Corridor is a 274-mile 
route that connects Charlotte, NC (Charlotte Gateway Station) and 
Atlanta, GA (Hartsfield/Jackson Atlanta International Airport-H-JAIA) 
and generally follows a new dedicated alignment between the Charlotte 
airport and northeast Atlanta.
    The purpose of the PRCIP is to help determine future transportation 
investments of vital importance to all people who live, work, and 
travel in the Atlanta to Charlotte corridor.
    FRA issued the draft Tier I environmental impact statement (EIS) on 
September 20, 2019, and the public comment period occurred between 
September 20, 2019 and November 4, 2019. FRA issued a combined Final 
EIS and Record of Decision on June 30, 2021.
    Project name and location: Walk Bridge Replacement Project, 
Norwalk, Connecticut.
    Project Summary: The project consists of removing the existing 
railroad bridge structure and replacing it with two side-by-side 240-
foot open-deck through truss vertical lift spans across the Norwalk 
River as well as other improvements within and outside the New Haven 
Line right-of-way (ROW) such as track and ballast replacement and 
construction of a new retaining wall. Each new bridge span would have 
separate mechanical and electrical equipment and controls so that each 
span can work independently of the other, or in unison as needed. 
Additionally, the Project involves improvements outside the railroad 
ROW in the vicinity of the existing bridge, including construction of a 
pedestrian/bicycle trail connection to the Norwalk River Valley Trail's 
Harbor Loop Trail in East Norwalk.
    In August 2016, the Federal Transit Administration (FTA), prepared 
an EA for the project. FRA was a Cooperating Agency in the development 
of the EA. FRA approved its own FONSI for the Project on April 28, 
2022.
    Authority: 49 U.S.C. 24201(a)(4) and 23 U.S.C. 139(l)(1).

    Issued in Washington, DC.
Marlys Ann Osterhues,
Director, Office of Environmental Program Management.
[FR Doc. 2023-05431 Filed 3-16-23; 8:45 am]
BILLING CODE 4910-06-P


