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35772 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices

Union Pacific Railroad Privacy Act Statement in the Federal improve travel in the corridor between Register published on April 11, 2000 the Lower , Jamaica and JFK (Docket Number FRA–2005–21241) (Volume 65, Number 70; Pages 19477– travel hubs. The project The Union Pacific Railroad (UP) seeks 78) or you may visit http://dms.dot.gov. sponsors may designate a ‘‘locally a permanent waiver of compliance from Issued in Washington, DC, on June 13, preferred alternative’’ either prior to the Control of Alcohol and Drug Use, 49 2005. preparation of the Draft EIS if a clear CFR 219.601(b)(1)(2), which requires Grady C. Cothen, Jr., choice emerges from the screening every covered employee subject to analysis, or following public circulation random testing to have ‘‘a substantially Deputy Associate Administrator for Safety Standards and Program Development. of the Draft EIS. equal statistical chance of being selected Scoping will be accomplished [FR Doc. 05–12121 Filed 6–20–05; 8:45 am] within a specified time frame.’’ At UP’s through meetings and correspondence current random testing rate of 50 BILLING CODE 4910–06–P with interested persons, organizations, percent, the drug and alcohol positive and Federal, State, regional, and local rates for each of its 25 testing pools DEPARTMENT OF TRANSPORTATION agencies. FTA, MTA, PANYNJ, and range from 2.9 percent to 0.0 percent. LMDC, supported by NYCEDC, seek UP seeks permission to increase or Federal Transit Administration public and interagency input on the decrease the random testing rate for scope of the EIS for this project each employee testing pool in Environmental Impact Statement for including the alternatives to be accordance with that pool’s previous Improved Transportation Access considered and the environmental and positive rate to allow it to devote testing Between Lower Manhattan, Jamaica community impacts to be evaluated. resources to where they are most Station, and John F. Kennedy DATES: The public is invited to needed. In no case would UP establish International Airport (JFK), participate in project scoping meetings a pool’s random testing rate below on July 18, July 19 and July 20 at the FRA’s minimum annual testing rates, AGENCY: Federal Transit Administration locations identified under ADDRESSES. which for 2005, are 25 percent for drugs (FTA), DOT. On July 18, the project sponsors will and 10 percent for alcohol. ACTION: Notice of intent to prepare an hold an information session at 2 p.m., Interested parties are invited to environmental impact statement. participate in these proceedings by followed by a formal presentation by the submitting written views, data, or SUMMARY: The FTA, in cooperation with project sponsors at 4 p.m. and 6 p.m. On comments. FRA does not anticipate the Metropolitan Transportation July 19 and July 20, information scheduling a public hearing in Authority (MTA), the Port Authority of sessions will be held at 4 p.m. and connection with these proceedings since New York & New Jersey (PANYNJ) and formal presentations will be made at 6 the facts do not appear to warrant a the Lower Manhattan Development p.m. hearing. If any interested party desires Corporation (LMDC), and supported by At the scoping meetings, the sponsors an opportunity for oral comment, they the Economic will display conceptual project should notify FRA, in writing, before Development Corporation (NYCEDC), information on poster boards for public the end of the comment period and will prepare an Environmental Impact review. Project staff will be available for specify the basis for their request. Statement (EIS) to evaluate alternatives informal questions and comments All communications concerning these that provide improved commuter and during the information sessions. Those proceedings should identify the airport access connecting Lower wishing to make formal comments are appropriate docket number (e.g., Waiver Manhattan with the Rail requested to register at the meeting Petition Docket Number FRA–2005– Road (LIRR) in location before 7 p.m. A Scoping 21241) and must be submitted to the and with JFK International Airport. The Document has been prepared and will Docket Clerk, DOT Central Docket project sponsors, MTA, PANYNJ, LMDC be available at the scoping meetings or Management Facility, Room PL–401, and NYCEDC, are undertaking a New by contacting the Project Manager Washington, DC 20590–0001. Starts Alternatives Analysis (AA) identified under ADDRESSES. Communications received within 30 concurrently with the EIS. Written comments on the scope of the days of the date of this notice will be The FTA is the lead federal agency EIS should be sent to the Mr. Chris considered by FRA before final action is under the National Environmental Bastian, MTA Project Manager, by taken. Comments received after that Policy Act of 1969 (NEPA). The EIS will September 15th, 2005 at the address date will be considered as far as be prepared in accordance with NEPA given under ADDRESSES. practicable. All written communications and the regulations implementing NEPA ADDRESSES: The public scoping concerning these proceedings are set forth in 23 CFR part 771 and 40 CFR meetings will be held: available for examination during regular parts 1500–1508. As co-sponsors of the • Monday, July 18th, 2005 at 2 business hours (9 a.m.–5 p.m.) at the proposed project, MTA, PANYNJ, Broadway, 20th Floor Conference Room, above facility. All documents in the LMDC and NYCEDC will ensure that the Manhattan (at Bowling Green) public docket are also available for EIS and the environmental review • Tuesday, July 19th, 2005 at inspection and copying on the Internet process will also satisfy the Brooklyn Borough Hall, 209 Joralemon at the docket facility’s Web site at requirements of the New York State Street, Brooklyn http://dms.dot.gov. Environmental Quality Review Act • Wednesday, July 20th, 2005 at 94– FRA wishes to inform all potential (SEQRA). 20 Guy R. Brewer Blvd, York College of commenters that anyone is able to The EIS will evaluate one or more the City University of New York, search the electronic form of all Build Alternatives, a No Action Jamaica Queens comments received into any of our Alternative, and a Transportation The scoping meeting sites are dockets by the name of the individual System Management (TSM) Alternative. accessible to mobility-impaired people submitting the comment (or signing the The scoping process for the EIS will and interpreter services will be comment, if submitted on behalf of an include an analysis and screening of all provided for hearing-impaired upon association, business, labor union, etc.). feasible rail and non-rail based request. Written comments will be taken You may review DOT’s complete transportation alternatives that will at the meeting or may be sent to the

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following address thru September 15, served by the private bus service to JFK International 2005: Mr. Chris Bastian, Project between Jamaica, Airport via the city’s crowded highway Manager, MTA, 347 Madison Avenue, Queens and MTA’s Atlantic Terminal in system. New York, New York, 10017. Brooklyn; the Atlantic Avenue arterial Lower Manhattan’s transportation The scoping document may also be road; NYCT’s Fulton Street Subway line system was severely impaired by the requested by writing to the Project on which the A train connects to the attacks of September 11, 2001. The Manager at the above address or by AirTrain JFK at Howard Beach; and World Trade Center PATH Terminal calling (212) 266–8363. Requests to be multiple NYCT subway lines connecting and NYCT 1 9 Cortlandt Street Station placed on the project mailing list may Brooklyn and Lower Manhattan. were destroyed. PATH service to Lower also be made by calling this number or Intermediate communities between the Manhattan was interrupted and subway by writing to the Project Manager. eastern and western hubs include the service disrupted. The attacks also Subsequent opportunities for public Downtown Brooklyn Business District, accentuated significant inefficiencies in involvement will be announced on the Fort Greene, Bedford-Stuyvesant, East the area’s extensive transportation Internet, by mail, and through other New York, Woodhaven, Ozone Park and infrastructure, largely constructed prior appropriate mechanisms, and will be Howard Beach. In addition, commuters to World War I, which jeopardize the conducted throughout the study area. from communities in Eastern Queens, area’s sustainability as a central Additional project information may be and Nassau and Suffolk Counties travel business district (CBD), emerging obtained from the following Web sites: through the Jamaica hub on their way to residential area, and key tourist • MTA (http://www.mta.info; click Downtown Brooklyn and Lower destination. ‘‘MTA Home’’ then ‘‘Planning Studies’’ Manhattan. IV. Purpose and Need for the Proposed and ‘‘Lower Manhattan-Jamaica/JFK III. Problem Identification Action Transportation Study’’) • LMDC (http://www.renewnyc.com) The Lower Manhattan Central The purpose of the proposed Lower • PANYNJ (http://www.panynj.gov) Business District (Manhattan south of Manhattan and Jamaica/JFK Canal Street) is the nation’s third largest International Airport Transportation FOR FURTHER INFORMATION CONTACT: Ms. business district, and the center of the Project is to improve mobility among Nancy Danzig, AICP, Community international financial industry. The the three hubs for both commuters and Planner, Federal Transit area is served by multiple subway lines; air travelers by reducing travel times, Administration, 212–668–2180. the PATH rail system from New Jersey; eliminating or reducing transfers, SUPPLEMENTARY INFORMATION: passenger ferry services; and local and increasing reliability, providing I. Scoping express buses. However, rail access from additional capacity and service Eastern Queens and the Long Island flexibility into Lower Manhattan from FTA, MTA, PANYNJ, and LMDC with suburbs requires multiple modes, the east, and reducing congestion on NYCEDC invite interested individuals, including either: (a) A transfer at the other transportation services currently organizations, and federal, state, and Jamaica LIRR station to Atlantic Branch used by travelers in the corridor. local agencies to provide comments on trains and then an additional transfer at As a result of the attacks on the World the scope of the EIS. During the scoping the LIRR Atlantic Terminal to a subway Trade Center complex in 2001, elected process, comments should focus on connecting to Lower Manhattan; (b) a officials and the Downtown business identifying specific travel, economic, or long subway trip from Jamaica (via J Z community have identified both environmental needs to be evaluated, subway lines) to Lower Manhattan; or improvements in commuter access and on proposing alternatives that (c) continuing travel via the LIRR to between Jamaica, Downtown Brooklyn address those needs, including ’s Penn Station and and Lower Manhattan and alternatives that may be less costly or then a southbound connection on improvements in access to JFK have fewer environmental impacts heavily used subway lines (either the 1, International Airport as key elements while achieving similar transportation 2, 3, A or C train) to Lower Manhattan. needed to support the Lower Manhattan objectives. To assist interested parties in Approximately three miles south of area’s economic recovery and its ability formulating their comments, a scoping the Jamaica LIRR station (and about 18 to compete with other world economic document has been prepared and is miles southeast of Lower Manhattan) is centers such as London, Frankfurt and available on the MTA, PANYNJ and JFK International Airport, the Tokyo. LMDC Web sites noted above, or upon metropolitan area’s primary request from the Project Manager international air gateway, and a growing V. Alternatives identified in ADDRESSES above. The market for domestic air travel. At the The project sponsors will follow the scoping document includes the project’s present time, a one-seat ride to JFK Alternatives Analysis (AA) procedures purpose and need, goals and objectives, International Airport from Lower of FTA’s Section 5309 New Starts information about prior studies, a Manhattan is limited to private cars, process. The alternatives to be preliminary list of alternatives, taxis and ‘‘black cars,’’, and shuttle considered during the AA phase will environmental areas that will be vans, while rail access is provided via address the defined corridor problem addressed during the course of the the NYC subway system (A train) which and study goals and objectives. Through study, and an outline of the ongoing makes several intermediate stops en- evaluation and screening of conceptual public participation program. route to Howard Beach, where a transfer alternatives, the project sponsors will is required to the Port Authority’s narrow the range of viable alternatives II. Description of Project Area AirTrain JFK. Additional access to JFK to a manageable number to carry The project area is roughly defined by International Airport is possible from forward into a detailed analysis in the a fourteen mile travel corridor between Midtown Manhattan by either a) taking EIS. The EIS will evaluate the following the transportation hubs of Lower a subway from Lower Manhattan to alternatives: Manhattan, the Jamaica Long Island Penn Station, then taking a LIRR train • Build Alternative(s), which will Railroad (LIRR)/AirTrain JFK complex to Jamaica, and finally transferring to include any rail or non-rail alternative in Queens and John F. Kennedy the AirTrain JFK, or b) taking a subway that survives the scoping and New International Airport. This area is (4 or 5) to , then Starts Alternatives Analysis;

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• Future No Action Alternative, aesthetic qualities; air quality; noise and Motor Vehicle Safety Standard (FMVSS) which will include the existing system vibration; safety and security; utilities; No. 106, ‘‘Brake hoses.’’ Pursuant to 49 and planned transportation and transportation impacts. U.S.C. 30118(d) and 30120(h), Coupled improvements (other than the proposed The EIS will describe the Products has petitioned for a project) included in the official methodology used to assess impacts; determination that this noncompliance metropolitan long-range transportation identify the affected environment; and is inconsequential to motor vehicle plan; and identify and adopt measures for safety and has filed an appropriate • Transportation System Management mitigating adverse impacts, if any. report pursuant to 49 CFR Part 573, (TSM) Alternative, which will attempt Principles of environmental ‘‘Defect and Noncompliance Reports.’’ to satisfy the project’s purpose and need construction management, resource Notice of receipt of a petition was with lower cost improvements beyond protection and mitigation measures, published, with a 30-day comment those in the long-range plan, such as such as NYCT’s Green Design for the period, on January 14, 2005, in the more effective operating practices, Environment Guidelines (2002) and Federal Register (70 FR 2708). NHTSA increased rolling stock, and station LIRR’s Sustainable Design/Design for received no comments. improvements. the Environment ‘‘Generic Guidelines A total of approximately 7,417 brake The project sponsors may designate a (March 2003), developed pursuant to hose assemblies are affected, utilizing a ‘‘locally preferred alternative’’ either New York State Executive Order No. fitting identified as Part Number 12271 prior to the preparation of the Draft EIS 111 ‘‘Green and Clean,’’ will be which was incorporated into 6,075 or following public circulation and considered for incorporation into the assemblies bearing Part Number 3381, comment on the Draft EIS. selected Alternative. and into 1,244 assemblies bearing Part The New Starts Alternatives Analysis Number 3381A; plus 98 assemblies VII. FTA Procedures for this project will draw upon previous bearing a fitting with Part Number planning studies including the Lower During the NEPA process, FTA will 380653. Manhattan Airport and Commuter comply with the requirements of S5.3.4 of FMVSS No. 106, tensile Access Alternatives Analysis, Section 106 of the National Historic strength, requires that ‘‘a hydraulic completed in 2004 (the results of which Preservation Act, Section 4(f) of the brake hose assembly shall withstand a are available on the LMDC Web site) Department of Transportation Act (49 pull of 325 pounds without separation and the MTA’s Lower Manhattan Access U.S.C. 303), the conformity of the hose from its end fittings.’’ S5.3.6 Alternatives Study, completed in 2001 requirements of the Clean Air Act, of FMVSS No. 106, water absorption (the results of which are available upon Executive Order 12898 on and tensile strength, requires that ‘‘a request from the MTA). The 2004 study Environmental Justice and, to the hydraulic brake hose assembly, after recommended two rail alternatives for maximum extent practicable, all other immersion in water for 70 hours, shall further study in the EIS phase. Both applicable federal environmental withstand a pull of 325 pounds without alternatives use the same alignment, the statutes, regulations, and executive separation of the hose from its end LIRR Atlantic Branch, from Jamaica to orders, in accordance with FTA policy fittings.’’ Atlantic Terminal in Downtown and regulations. The potentially affected hoses were Brooklyn, with AirTrain JFK service A Draft EIS will be prepared and manufactured during the time period of connecting to the Atlantic Branch at made available for public and agency January 30, 2004 through September 10, Jamaica. Both alternatives, in order to review and comment. One or more 2004, using a ‘‘straight cup’’ procedure access Lower Manhattan, break out of public hearings will be held on the Draft rather than the appropriate ‘‘step cup’’ the LIRR Atlantic Branch east of EIS. On the basis of the AA or Draft EIS procedure. Compliance testing by the the LIRR/NYCT Atlantic Terminal. One and the public and agency comments petitioner of sample hose assemblies alternative would connect to a new rail thereon, a locally preferred alternative from each of the affected part numbers tunnel under the into Lower will be selected and will be fully revealed that they failed the tensile Manhattan and the other would connect described and further developed in the strength tests of S5.3.4 and S5.3.6. to the existing Montague Street Tunnel, Final EIS. Coupled Products believes that the currently used for NYCT subway service Issued on: June 15, 2005. noncompliance is inconsequential to (M R subway lines). motor vehicle safety and that no Letitia Thompson, VI. Potential Effects corrective action is warranted. The Regional Administrator, Region II. petitioner states the following: Upon completion, the proposed [FR Doc. 05–12153 Filed 6–20–05; 8:45 am] Part number 12217 is used in assemblies transportation improvements are BILLING CODE 4910–57–P anticipated to reduce travel times, for SUV and pick-up truck applications. Part eliminate or reduce transfers, improve number 380653 is utilized for suspension lift kits * * * [T]he hose assemblies in these service reliability, provide additional DEPARTMENT OF TRANSPORTATION applications are located * * * above capacity and service flexibility into significant pieces of vehicle hardware Lower Manhattan from the east, and National Highway Traffic Safety including the driveshaft, differential case, reduce congestion on other transit lines Administration and fuel tank (hardware). This configuration currently used by travelers in the is such that a linear, end-to-end ‘‘straight [Docket No. NHTSA 2004–19991; Notice 2] corridor. pull’’ on the hose assembly, as that contained Impacts that may occur as a result of Coupled Products, Inc., Grant of in the FMVSS No. 106 tensile strength test the improvements will be evaluated in procedure, is not a real-life scenario. Rather Petition for Decision of than a ‘‘straight pull,’’ it is more likely (albeit the EIS. The project sponsors have Inconsequential Noncompliance identified several areas of concern, some remote) that the free length of the hose itself could be entangled or caught on a piece of of which will be temporary during the Coupled Products, Inc. (Coupled road debris or other obstruction, resulting in construction phase, including: Property Products) has determined that certain a ‘‘side pull’’ on the assembly. This scenario acquisition and displacement; historic, hydraulic brake hose assemblies that it itself is remote because the underlying archaeological, and cultural resources; produced do not comply with S5.3.4 hardware shields the hose assembly. wetlands and water quality; visual and and S5.3.6 of 49 CFR 571.106, Federal Therefore, if debris were to become entangled

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