[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Notices]
[Pages 35323-35324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9561]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highways in 
South Carolina

AGENCY: Federal Highway Administration (FHWA), DOT.

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

-----------------------------------------------------------------------

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). The actions relate to various proposed highway projects in 
the State of South Carolina. Those actions grant licenses, permits, and 
approvals for the projects.

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 any of the listed highway projects 
will be barred unless the claim is filed on or before December 18, 
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: Mr. Robert Lee, Division 
Administrator, Federal Highway Administration, 1835 Assembly Street, 
Suite 1270, Columbia, SC 29201; Telephone: (803) 253-3887; e-mail: 
[email protected]. The FHWA South Carolina Division Office's normal 
business hours are 7 a.m. to 4:30 p.m. (Eastern Time). You may also 
contact Mr. J. Berry Still, P.E., South Carolina Department of 
Transportation, 955 Park Street, P.O. Box 191, Columbia, SC 29202-0191; 
Telephone: (803) 737-9967; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the highway project in the State 
of South Carolina that is listed below. This project will complete the 
connection from I-26 to the southwest of Summerville, contribute to an 
improvement in the overall safety on surrounding roads, and assist in 
providing congestion relief. The actions by the Federal agencies on a 
project, and the laws under which such actions were taken, are 
described in the documented environmental assessment (EA) and Finding 
of Significant Impact (FONSI) issued in connection with the project, 
and in other documents in the FHWA administrative record for the 
project.

[[Page 35324]]

The EA, FONSI and other documents from the FHWA administrative record 
files for the listed project are available by contacting the FHWA or 
the SCDOT at the addresses provided above.
    This notice applies to all Federal agency decisions on the listed 
project 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: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers), 
23 U.S.C. 319.
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty 
Act [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation and 
Management Act of 1976, as amended [16 U.S.C. 1801 et seq.].
    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. 3001-3013].
    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].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Coastal Barrier Resources 
Act, 16 U.S.C. 3501-3510; Coastal Zone Management Act, 16 U.S.C. 1451-
1465; Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601-4604; 
Safe Drinking Water Act (SDWA), 42 U.S.C. 300(f)-300(j)(6); Rivers and 
Harbors Act of 1899, 33 U.S.C. 401-406; Wild and Scenic Rivers Act, 16 
U.S.C. 1271-1287; Emergency Wetlands Resources Act, 16 U.S.C. 3921, 
3931; TEA-21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11); 
Flood Disaster Protection Act, 42 U.S.C. 4001-4128.
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource 
Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992(k).
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal 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.
    The project subject to this notice is:
    Project Location: Berlin Myers Parkway--Phase 3 is the third and 
final phase of the Berlin Myers Parkway. This project will complete the 
connection from I-26 to the southwest of Summerville, contribute to an 
improvement in the overall safety on surrounding roads, and assist in 
providing congestion relief. An EA was issued on June 8, 2005 and a 
FONSI was issued on May 31, 2006.

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

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

    Issued on: June 13, 2006.
Robert Lee,
Division Administrator, FHWA--SC Division, Columbia, SC.
 [FR Doc. E6-9561 Filed 6-16-06; 8:45 am]
BILLING CODE 4910-22-P