[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Notices]
[Page 40778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6265]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Virginia

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA.

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SUMMARY: This notice announces actions taken by the FHWA that are final 
within the meaning of 23 U.S.C. 139(1)(1). The actions relate to a 
proposed highway project, Interstate 495 (i.e., Capital Beltway), I-95/
I-395/I-495 Interchange to the American Legion Bridge, in the County of 
Fairfax, State of Virginia. Those 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(1)(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 January 16, 2007. 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. Edward S. Sundra, Senior 
Environmental Specialist, Federal Highway Administration, 400 North 8th 
Street, Suite 750, Richmond, Virginia 23240-0249; telephone: (804) 775-
3338; e-mail: [email protected]. The FHWA Virginia Division 
Office's normal business hours are 7 a.m. to 4:30 p.m. (eastern time). 
You may also contact Mr. Earl T. Robb, Environmental Administrator, 
Virginia Department of Transportation, 1401 East Broad Street, 
Richmond, Virginia 23219; telephone: (804) 786-4559; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency actions by issuing approvals for the following 
highway project in the State of Virginia: Interstate 495 (i.e., Capital 
Beltway), I-95/I-395/I-495 Interchange to the American Legion Bridge, 
in the County of Fairfax. The project will be approximately 22.5 km (14 
mi) long and consists of improvements to the mainline as well as 
improvements at nine interchanges located within the project limits. 
Specifically, two high occupancy vehicle (HOV) lanes will be added to 
the main line in each direction and be managed as high occupancy toll 
(HOT) lanes. The actions by the Federal agencies, and the laws under 
which such actions were taken, are described in the Final Environmental 
Impact Statement (FEIS) for the project, approved on April 18, 2006, in 
the FHWA Record of Decision (ROD) issued on June 29, 2006, and in other 
documents in the FHWA administrative record. The FEIS, ROD, and other 
documents in the FHWA administrative record file are available by 
contacting the FHWA or the Virginia Department of Transportation at the 
addresses provided above. The FHWA FEIS and ROD can be viewed and 
downloaded from the project Web site at http://project1.parsons.com/capitalbeltway/.
    This notice applies to all FHWA decisions and approvals 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 USC 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 Science 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], 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.]; Archaeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archaeological 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)-200(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Executive Orders: E.O. 1190 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.

(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: July 6, 2006.
Edward Sundra,
Senior Environmental Specialist, Richmond, Virginia.
[FR Doc. 06-6265 Filed 7-17-06; 8:45 am]
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