[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Notices]
[Pages 36259-36261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12851]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2020-0039]
Environmental Impact Statement for the Western Rail Yard
Infrastructure Project in New York County, New York
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Intent (NOI) to prepare an Environmental Impact
Statement (EIS).
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SUMMARY: Through this NOI, FRA announces its intent to prepare an EIS
for the Western Rail Yard Infrastructure Project (Project) under the
National Environmental Policy Act (NEPA). WRY Tenant LLC (an affiliate
of The Related Companies, LP) and the National Railroad Passenger
Corporation (Amtrak) are partnering in a joint venture to seek Federal
financial assistance through the Railroad Rehabilitation and
Improvement Financing (RRIF) Program, which is administered by the
Build America Bureau (Bureau). FRA is conducting the environmental
analysis to ensure compliance with the National Environmental Policy
Act (NEPA) of 1969 and other applicable environmental laws. FRA invites
the public and all interested parties to provide comments on the scope
of the EIS, including the proposed purpose and need, the Proposed
Action and alternatives, methodologies to be used to assess potential
environmental impacts, and the approach for public and agency
involvement. Due to the ongoing coronavirus disease 2019 (COVID-19)
public health emergency, and consistent with the Centers for Disease
Control and Prevention's guidance regarding large events and mass
gatherings, FRA will conduct a virtual public scoping for the Project.
FRA will also hold other Project meetings virtually, including Section
106 Consulting Party meetings, and encourages submission of scoping
comments for the project and other documents electronically.
DATES: Persons interested in providing written comments on the scope of
the EIS must do so by July 31, 2020. All comments will also be placed
on the file at Regulations.gov. The Docket No. for this project is FRA-
2020-0039. Please submit comments via email, mail, or by filling out a
comment form on the Project website, using the contact information
provided below in the ``ADDRESSES'' section. The public can review
information about the Proposed Action and formally submit comments to
the FRA. Project materials will also be available in Spanish. If you
need special accommodations, please contact Andrea Poole prior to the
close of the scoping period.
ADDRESSES: The public and other interested parties are encouraged to
comment by filling out a comment form accessible via the Project's
website at: www.westernrailyardinfrastructure.com and using the comment
link provided, or at Regulations.gov, Docket Number: FRA-2020-0039. You
can also send written comments by mail to the following address:
Western Rail Yard Infrastructure Project, c/o Fitzgerald & Halliday,
Inc., 416 Asylum Street, Hartford, CT 06103. All comments will also be
placed on file at Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Andrea Poole, Environmental Protection
Specialist, Office of Railroad Policy and Development, U.S. DOT Federal
Railroad Administration, via email at
info@westernrailyardinfrasturcture.com.
SUPPLEMENTARY INFORMATION: WRY Tenant, LLC and Amtrak (Project
Sponsors) are seeking financial assistance to fund the construction of
a Platform and Tunnel Encasement (the Proposed Action) at the 13-acre
Western Rail Yard site (Block 676, Lot 3) between West 30th and 33rd
Streets and Eleventh and Twelfth Avenues in Manhattan, New York County,
New York. The 9.8-acre structural steel and concrete Platform will
serve as the roof above the Metropolitan Transportation Authority's
(MTA) Western Rail Yard, which is used and operated by the Long Island
Rail Road (LIRR) as a commuter railroad storage yard and maintenance
facility. The Platform would also house other infrastructure, including
critical life safety and mechanical, electrical and plumbing support
services for the yard, including new lighting, sprinklers, and an
extensive platform ventilation system. The Tunnel Encasement would be
constructed of concrete below street level in Western Rail Yard. The
Tunnel Encasement would be between 50 and 65 feet wide and between 27
and 38 feet high beneath Western Rail Yard. The Tunnel Encasement in
Western Rail Yard would start at the western edge of Eleventh Avenue,
and extend below the project site to the northern edge of 30th Street.
Together, the Tunnel Encasement below both rail yards (Eastern and
Western Rail Yards) would preserve a total ROW approximately 1,400 feet
long. No permanent operational components, such as tracks, lighting,
ventilation, or electrical system, would be constructed within the
Tunnel Encasement as part of the Proposed Action. The Platform would
also support the privately-funded Mixed-Use Development (Overbuild)
approved by the New York City Planning Commission (CPC), and adopted by
the New York City Council as zoning text and map amendments to the New
York City Zoning Resolution, for redevelopment of the Western Rail Yard
site. This construction also supports MTA's overall business plan to
generate revenue to support their operations.
FRA will prepare the EIS in compliance with NEPA, 23 U.S.C. 139,
the Council on Environmental Quality (CEQ) regulations implementing
NEPA (40 CFR parts 1500[hyphen]1508), and 23 CFR part 771. After
release and circulation of a Draft EIS for public comment, FRA intends
to issue a single document that consists of the Final EIS and Record of
Decision, unless it determines statutory criteria or practicability
considerations preclude issuing a combined document.
The EIS will also document FRA's compliance with other applicable
environmental laws and regulations, including Section 106 of the
National Historic Preservation Act of 1966 (NHPA) (54 U.S.C. 306108);
the Clean Air Act (42 U.S.C. 7401 et seq.); the Endangered Species Act
(16 U.S.C. 1531); Section 4(f) of the Department of Transportation Act
of 1966 (Section 4(f) 49 U.S.C. 303) and FRA's implementing regulations
at 23 CFR part 774; U.S. DOT Order 5650.2 on Floodplain Management; the
Coastal Zone Management Act; and Executive Order 12898 on Environmental
Justice. The EIS will provide FRA, participating agencies, and the
public with information about alternatives that meet the Proposed
Action's purpose and need, including their environmental impacts and
appropriate measures to avoid, minimize, and mitigate those impacts.
The Proposed Action may affect historic properties and will be
subject to the requirements of Section 106 of the NHPA. Consistent with
regulations issued by the Advisory Council on Historic Preservation (36
CFR part 800), FRA intends to coordinate compliance with Section 106 of
the NHPA with the preparation of the EIS. In response to this NOI, the
public and interested parties may also provide input relevant to FRA's
Section 106 review process, including providing information that
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FRA may use in identifying and assessing effects of the Proposed Action
on historic properties, including archaeological resources. In
addition, interested parties may also request to participate in the
Section 106 process as a consulting party under 36 CFR part 800.2(c).
Project Background
The MTA Hudson Yards (aka ``John D. Caemmerer Hudson Yards'') is an
electrified yard that stores 35 LIRR commuter trains daily, with a
capacity of 386 train cars on 30 tracks. The train yard is divided into
two sections, the Eastern Rail Yard located on Block 702 and the
Western Rail Yard located on Block 676.
In 2007, MTA reached agreement with The Related Companies, LP \1\
(parent company to WRY Tenant LLC) for the development of plans for the
Western Rail Yard. MTA and the New York City Planning Commission (CPC)
served as co-lead agencies for an environmental review pursuant to the
requirements of the New York State Environmental Quality Review Act
(SEQRA) and City Environmental Quality Review (CEQR). The 2009 SEQRA/
CEQR FEIS was published in October 9, 2009. Based on the findings of
the 2009 SEQRA/CEQR Final EIS, zoning text and map amendments for the
Western Rail Yard development were adopted into the New York City
Zoning Resolution. The Platform and Overbuild are now as-of-right
development and would be built in accordance with the City Zoning
Resolution's existing zoning controls.
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\1\ The Related Companies, LP (Related) was the successful
bidder of a competitive bid issued by MTA for the long-term ground
leases with option to purchase severed fee parcels (for the
development air rights over the Hudson Yards from MTA). Related is a
privately-owned, American real estate firm headquartered in New York
City, with offices and major developments in Boston, Chicago, Los
Angeles, Las Vegas, Miami, San Francisco, Abu Dhabi, London,
S[atilde]o Paulo and Shanghai. Related has more than 3,000 employees
and is the largest landlord in New York City with over 8,000
residential rental units under ownership.
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The FRA conducted an environmental assessment for the construction
of a concrete casing beneath Hudson Yards, and issued Findings of No
Significant Impact (FONSI) in 2013 \2\ and 2014 \3\. The purpose of the
concrete casing project was to preserve underground right-of-way in
Hudson Yards to maintain opportunities to expand rail services, meet
future demand, and improve intercity and commuter rail system safety
and reliability. The preservation of the right-of-way is necessary to
ensure the Platform and Overbuild construction would not eliminate the
possibility of future rail development and expansion through Hudson
Yards and into New York Penn Station. For more information about FRA's
past environmental reviews of the concrete casing through Hudson Yards,
please see https://www.fra.dot.gov/Page/P0666. Since FRA's issuance of
the 2013 and 2014 FONSIs, two of the three sections of encasement have
been built. The third section is the Tunnel Encasement that would be
constructed as part of this project, and extends on a diagonal
alignment from Eleventh Avenue to 30th Street in the Western Rail Yard.
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\2\ Amtrak and FRA. May 2013. Finding of No Significant Impact,
Environmental Assessment for Construction of a Concrete Casing in
the Hudson Yards, New York, New York.
\3\ Amtrak and FRA. November 2014. Finding of No Significant
Impact, Supplemental Environmental Assessment for Construction of a
Concrete Casing Extension in the Hudson Yards, New York, New York.
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Purpose and Need
The purpose of the Proposed Action is to (1) cover and protect the
active railroad tracks and LIRR support facilities in the Western Rail
Yard so that the joint venture can provide additional new capacity for
real estate development and house critical life safety and mechanical,
electrical and plumbing support services for the Yard, including new
lighting, sprinklers, and an extensive Platform ventilation system; and
(2) preserve a right-of-way through the Western Rail Yard to support
the future construction of a trans-Hudson passenger rail crossing into
New York Penn Station. The Platform is needed to support the provision
of developable land area that would generate revenue for the MTA and
its subsidiary agencies and modernize state-of-the-art life safety
systems for the entire Western Rail Yard.\4\ MTA has sought to maximize
the revenue generation potential of its real estate assets; and, when
Hudson Yards was redeveloped in 1986, the tracks and other facilities
were specifically laid out to accommodate support columns that would be
required for future development.
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\4\ MTA's subsidiary agencies include LIRR, Metro-North
Railroad, New York City Transit (NYCT), Capital Construction
Company, Staten Island Railway, Regional Bus Operations, and Bridges
and Tunnels.
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Currently, there is no capacity for development over the Western
Rail Yard without construction of the Platform. The 2005 Hudson Yards
rezoning included the extension of the No. 7 IRT Flushing Line subway
to 34th Street and Eleventh Avenue, providing new and closer access to
the subway system in this area which made private development
considerably more attractive and viable in this part of Manhattan. The
2005 Hudson Yards rezoning also provided for the development of a mix
of uses and densities, including a provision for open space. The Tunnel
Encasement is needed to preserve right of way for new rail
infrastructure to support passenger rail service in and out of New York
Penn Station.\5\ New rail infrastructure is part of the effort to
maintain a functional, resilient, and improved trans-Hudson passenger
rail crossing into New York Penn Station, maintain existing Amtrak
intercity and NJ TRANSIT commuter rail service on the Northeast
Corridor, and to support future increases in the capacity of the
regional rail system should they be pursued.
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\5\ Hudson Tunnel Project, Draft Environmental Impact Statement
and Draft Section 4(f) Evaluation, June 2017, includes a Preferred
Alternative consisting of the construction of a new rail tunnel
under the Hudson River, including railroad infrastructure in New
Jersey and New York connecting the new rail tunnel to the Northeast
Corridor and into New York Penn Station.
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Consistent with the purpose and need for the Proposed Action, the
objectives of the Western Rail Yard Infrastructure Project include:
Maintain safe, continuous, and uninterrupted LIRR
operations in the Western Rail Yard through the addition of critical
life safety and ventilation systems and the modernization of
operational facilities within Western Rail Yard;
Support the ability to meet the revenue-generation goals
of the MTA, the owner of the Western Rail Yard;
Provide the support for the economic, social, and
recreational life of the Hudson Yards area and the City; and,
Preserve opportunities to enable future growth of
passenger rail service and to maintain a functional, resilient, and
improved trans-Hudson passenger rail crossing into New York Penn
Station.
Proposed Action and Alternatives
The Proposed Action consists of:
A new approximately 9.8-acre Platform spanning the Western
Rail Yard, including deep footings and a concrete slab to cover the
active rail yard below, and reinforced building foundations for
Overbuild development. Platform construction would also include the
modernization of LIRR support services including: emergency electrical
equipment and new critical life safety and mechanical, electrical and
plumbing support services, and an extensive ventilation system for the
yard. In addition to the modernization
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efforts, construction of the Platform would necessitate the
construction of approximately 20,000 square feet of new railroad staff
facilities and rail car cleaning services.
A Tunnel Encasement in the southern portion of the site
running from Eleventh Avenue to West 30th Street to preserve right-of-
way for a new trans-Hudson connection into New York Penn Station.
In addition to the Proposed Action, FRA will describe and evaluate
the following types of construction activities in the Draft EIS:
Construction staging areas at the Western Rail Yard site
for the construction of all of the aforementioned project components
and construction activities,
Traffic and transportation interruptions including
potential localized sidewalk and traffic lane closures.
FRA will refine the purpose of and need for the Proposed Action and
identify alternatives that meet the purpose and need considering
information obtained through the scoping process. The EIS will evaluate
a No Action Alternative and reasonable and feasible Build Alternatives
for the Proposed Action. FRA anticipates presenting the Preferred
Alternative in the Draft EIS.
Possible Effects
The EIS will consider the potential effects of the project
alternatives on the social, economic, and environmental resources in
the study area. The analysis will include identification of study
areas; documentation of the affected environment; evaluation of direct
and indirect effects of the alternatives (including permanent
[operational] and temporary [construction period] effects); and
identification of measures to avoid and/or mitigate adverse impacts.
FRA will evaluate the following resource areas:
Land use, Land planning, and Property (acquisitions and
displacements);
Transportation (traffic, parking, transit, and pedestrian
conditions);
Air quality, Greenhouse gas emissions and Resilience
Noise and vibration;
Cultural Resources (including historic and archaeological
resources);
Parks and recreation areas;
Aesthetic and visual quality;
Contaminated materials;
Utilities and Energy;
Natural ecological systems (including threatened and
endangered species)
Soils and geology;
Water resources and water quality (including floodplains);
Coastal zone consistency;
Socioeconomics;
Public health;
Environmental justice;
Public safety and security; and
Indirect and Cumulative effects.
Agencies within the U.S. DOT, including FRA, are subject to Section
4(f), which prohibits approval of any program or project that ``uses''
publicly-owned parks, recreation areas, wildlife and waterfowl refuges,
and historic sites, unless there is no feasible and prudent alternative
to the use of such land and such program or project includes all
possible planning to minimize harm to the property. FRA will include in
the Draft EIS a draft Section 4(f) evaluation in accordance with 23 CFR
774, if it is determined that the Proposed Action has the potential to
result in the use of a Section 4(f) resource.
Scoping, Public Involvement, and Agency Coordination
This NOI initiates the scoping process under NEPA, which helps
guide the development of the Draft EIS. FRA invites all interested
individuals, organizations, and federal, state, and local agencies to
comment on the scope of the EIS. Comments are encouraged on the
Proposed Action's purpose and need and alternatives to be considered in
the EIS; the analyses to include in the EIS, including identification
of appropriate study areas and the effects-assessment methodologies to
be used; the approach for public and agency involvement; and any
concerns about the anticipated impacts of the Proposed Action.
Public agencies with jurisdiction are requested to advise FRA of
the applicable permit and environmental review requirements of each
agency, and the scope and content of the environmental information
germane to the agency's statutory responsibilities in connection with
the Proposed Action. Public agencies are requested to advise FRA if
they anticipate taking a major action in connection with the Proposed
Action and if they wish to cooperate in the preparation of the EIS
under 40 CFR 1501.16.
FRA will coordinate with participating agencies during development
of the Draft EIS consistent with 23 U.S.C. 139. FRA will also consult
with Federally recognized Native American tribes and Consulting Parties
identified under Section 106 of the NHPA.
The FRA will invite all Federal and non-Federal agencies and Native
American tribes that may have an interest in the Proposed Action to
become participating agencies for the EIS and Consulting Parties in the
Section 106 process. If an agency or tribe is not invited and would
like to participate, it should contact Ms. Andrea Poole at the contact
information listed above (FOR FURTHER INFORMATION). The FRA will
develop an Agency and Public Coordination Plan summarizing how it will
engage the public, agencies, and tribes in the process. The
Coordination Plan will be posted to the project website at
www.westernrailyardinfrastructure.com and Regulations.gov, Docket No.
FRA-2020-0039. FRA will lead the outreach activities during the public
scoping process, beginning with a scoping presentation made available
on the project website and a scoping comment period identified under
DATES above. FRA encourages submission of scoping comments for the
project and other documents electronically. Other public involvement
initiatives will be held throughout the course of the EIS. Public
outreach activities will be announced on the project website at
www.westernrailyardinfrastructure.com and through mailings, public
notices, and advertisements.
Issued in Washington, DC.
Jamie P. Rennert,
Director, Program Delivery.
[FR Doc. 2020-12851 Filed 6-12-20; 8:45 am]
BILLING CODE 4910-06-P