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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
18 December 2018

[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Page 64932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27327]



Federal Transit Administration

Limitation on Claims Against Proposed Public Transportation 

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice.


SUMMARY: This notice announces final environmental action taken by the 
Federal Transit Administration (FTA) for a project in Milwaukee County, 
Wisconsin. The purpose of this notice is to announce publicly the 
environmental decision by FTA on the subject project and to activate 
the limitation on any claims that may challenge this final 
environmental action.

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 
project will be barred unless the claim is filed on or before May 17, 

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 action by issuing certain approvals for the public 
transportation project listed below. The action on the project, as well 
as the laws under which such action was taken, are described in the 
documentation issued in connection with the project to comply with the 
National Environmental Policy Act (NEPA) and in other documents in the 
FTA environmental project file for the project. 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 project as 
of the issuance date of this notice and all laws under which such 
action was 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 project and action that is the subject of this notice 
    Project name and location: East-West Bus Rapid Transit Project, 
Milwaukee County, Wisconsin. Project sponsor: Milwaukee County, WI. 
Project description: The Milwaukee County East-West Bus Rapid Transit 
(BRT) Project will implement a new transit corridor along a 9-mile-long 
alignment to provide bus transit service from downtown Milwaukee to the 
City of Wauwatosa. The BRT Project will use existing transportation 
infrastructure to improve accessibility, mobility, transit travel 
times, reliability, and passenger amenities within the project area. 
The BRT Project will operate on existing roads in dedicated transit 
lanes for approximately 5 miles and otherwise in mixed traffic lanes, 
and will be implementing transit signal priority or other signal 
treatments at 33 intersections to reduce travel times in the corridor. 
The alignment will involve complete roadway reconstruction along 
portions of 92nd Street and 94th Street through the Milwaukee Regional 
Medical Center campus between Wisconsin Avenue and Watertown Plank Road 
and will involve the construction of 19 BRT stations. 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) determination, dated August 22, 
2018; Section 106 finding of no adverse effect on historic properties, 
dated July 2, 2018; project-level air quality conformity; and Finding 
of No Significant Impact for the Milwaukee East-West Bus Rapid Transit 
Project, Milwaukee County, WI, dated November 29, 2018.
    Supporting documentation: Milwaukee East-West Bus Rapid Transit 
Project, Milwaukee County, WI, Environmental Assessment, dated August 
22, 2018.

Elizabeth S. Riklin,
Deputy Associate Administrator for Planning and Environment.
[FR Doc. 2018-27327 Filed 12-17-18; 8:45 am]

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