[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Notices]
[Page 33333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5202]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION:  Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal agencies.

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SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). These actions relate to a proposed highway project, State 
Route 46 Corridor Improvement Project between Kilo Posts 51.8 to 90.6 
(Post Miles 32.2 to 56.3) in San Luis Obispo County, State of 
California. These actions grant approvals for the project.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review 
of the Federal agency actions on the highway project will be barred 
unless the claim is filed on or before December 5, 2006. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 180 days for filing such claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: Dominic Hoang, Project Development 
Engineer, Federal Highway Administration, 650 Capitol Mall, 4-
100, Sacramento, CA 95814, weekdays between 7 a.m. and 4 p.m., 
telephone 916-498-5002, [email protected]. John Luchetta, 
Senior Environmental Planner, California Department of Transportation, 
50 Higuera Street, San Luis Obispo, CA 93402, weekdays between 8 a.m. 
and 4:30 p.m., (805) 549-3493, [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
approvals for the following highway project in the State of California. 
This project would improve safety and provide congestion relief on 
State Route 46, San Luis Obispo County, California. This would be 
accomplished by creating an additional travel lane in each direction 
(east and west), separating the east and west bound lanes by a median, 
improving inside and outside widths, and providing left-turn 
channelization at all public road intersections within the project 
limits. Safety would also be improved at the State Route 46/41 junction 
by replacing the at grade intersection with a new interchange for the 
connection. The FHWA project reference number is H240 00PE (006). The 
actions by the Federal agencies, and the laws under which such actions 
were taken, are described in the Environmental Assessment (EA)/Finding 
of No Significant Impact (FONSI) for the project, approved on May 19th, 
2006, and in other documents in the FHWA administrative record. The EA/
FONSI, and other documents in the FHWA administrative record file are 
available by contacting the FHWA or the California Department of 
Transportation at the addresses provided above. The FHWA EA/FONSI can 
be reviewed and downloaded from the project Web site at http://safer46.dot.ca.gov/.
    The notice applies to all Federal agency decisions as of the 
issuance date of this notice and all laws under which such actions were 
taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
    3. Land: Landscaping and Scenic Enhancement (Wildflowers), 23 
U.S.C. 319.
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)], Migratory Bird Treaty Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act 
(NAGPRA) [25 U.S.C. 2001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209]; The 
Uniform Relocation Assistance and Real Property Acquisition Policies 
Act of 1970, as amended.
    7. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liabiilty Act (CERCLA), 42 U.S.C. 9601-9675; 
Superfund Amendments and Reauthorization Act of 19086 (SARA); Resource 
Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992(k).
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Fedeal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species.

(Catalog of Fedeal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation of 
Federal programs and activities apply to this program.)

    (Authority: 23 U.S.C. 139(l)(1)).

    Issued on: June 1, 2006.
Maiser Khaled,
Director, Project Development & Environment, Sacramento, California.
[FR Doc. 06-5202 Filed 6-7-06; 8:45 am]
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